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98-22 O - Annexation Ordinance - 30 acres, Abstract No. 172 98— O1 8B,43 TOWN OF PROSPER, TEXAS ORDINANCE NO. 98-22 f N7, AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL cv LAND SURVEY, ABSTRACT NO. 172, AND BEING 30 ACRES OF LAND IN COLLIN COUNTY, TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE DESCRIBED TRACT OF LAND SHALL BE ENTITLED TOT HE RIGHTS BY THE ACTS AND ORDINANCES NOW ON 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 Arch Pardue to annex a tract of land consisting containing 30 acres of land; 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 the institution of the annexation proceedings; and WHEREAS,the City Council finds it has completed the annexation process •/ . . 011296 02392 within ninety(90) days after the City Council instituted annexation proceedings; and WHEREAS,the City Council finds that all legal notices, hearings, procedures and /410 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 Collin County School Land Survey, Abstract No. 172 in Collin County, Texas, containing 30 acres of land; 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 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. • El296 02393 • 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 SOrdinance 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 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 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 of money not exceeding Two Thousand and.00/100 ($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 the 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 replaced to the • extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. • " • 111 •• • - 7 „ '0Li296 O239 - 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 PROSEPR, TEXAS on this 10th day of November 1998. . (IP STE O. COFFM TWA• YOR ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: J. iU � (14/1,-(4) N]NIFER FINLEY City Secretary \� • Ots, is'' 24. \,I. ,,'` :•.•• ` DATE OF PUBLICATION 11-16-98,in the McKinney COURIER GAZETTE. •••.......• • '0it296 02395 CITY OF PROSPER,TEXAS • SERVICE PLAN FOR ANNEXED AREA • ANNEXATION ORDINANCE NO. 98-22 DATE OF ANNEXATION ORDINANCE: NOVEMBER 10, 1998 ACREAGE ANNEXED: 30 ACRES SURVEY,ABSTRACT&COUNTY: COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT 172,COLLIN COUNTY,TEXAS AND BEING 30 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 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%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 • Olt 2g6 023q.6 ORDINANCE 98-22 • 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. • 0ti296 02097 ORDINANCE NO. 98-22 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 • •.• • • i S • • ' '•• .• • • ,•1 • "• •••••1• 0ti296 02398 ORDINANCE NO. 98-22 • 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 CTTY 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'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 1. ANY FACILITY OR BUILDING LOCATED WITHIN TjE ANNEXED AREA AND UTILIZED BY THE CITY OF PROSPER IN PROVIDING SEtVICCES TO THE AREA WILL BE MAINTAINED BY THE CITY COMMENCING UPON THE DATE OF USE OR • • : 0 Et. 29A 02399 • ORDINANCE NO. 98-22 WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER 2. GENERAL MUNICIPLE ADMINIS[RATION 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 RAIN , RETURN TO: 'ItN' OF PROSPER, P.O. BOX 307- PROSPER, TEAS 75078 vs 90"°ID you eF COLOR ,coin py rtsmkFOnCF19it F0,vo S� Ptc lewd,uCMr��ntiTimand Tj n..— in 7A ONId� VI*a1Rea1 01 Co111nCout to NOV '17 1998 Wit( • { E61 YNfeicdiff, r11X1na HONORABLE HELEN STARNES • On 1998/11/17 At 3 0 26P Number: 98- 0128843 Type o OR 25.00 S:EP—Ire-' LED _tE, 1D: TE!.. I•I0 .� t4D 18 PO2 — --- • 112;e±>a sC) -!� l7t • 2Pe C:ta"1 'I tirr i.`caun,� ��t_�nd co . .• 12 -3 8 •3a3317 Fe.03. rw e-. .ar ..as „ee a g eee e,,, a fl , , e �.,e n e v r .• R+t.rT .0^P , .,..a a k P e el7 x • • f A i+.:t4"t;,eNATION lr ET 4 i 1QQr1 • • '1c i iu.. tvin' 'IM (t'4!?oovrt.P.H NiO I101)Y OF'1.1.[t.;CITY t?1',_....... ,,.... _.,.. _._ 'i fXAS; • • el'ht; undersigned twiter(s) of the be:eIlsnftr:r rie.s(•.ibrti ttrlt;l Uf 1;inct, «rtdkh iy v:tc:tnl and without residents, or en which inns Orin three (” qu;tlifir.•tl vdlry► rt- illt;. fir! rctiti(l ) your ltnnOrlhIC t)OCJy 10 extend the present city iInks Au AS to inclutlt` n. k onit ow city , `!'t;xns, the following describt}.ti rarrittyry, Iv wit. • • i/«'t:cettify that Ilta atr)V't dCi'.J itt I tl ldei t,f i:►ntl iS contlAuouS tc: lllo ('ity a7i' ...._.�..., • Tce�t;1R. 151101, Imre than one-tl;tlf (I/2) mile iri width lrki Quit this petition tS :St�r►r_d ;lttcl duly acknowledged by onch ltnti lrvr:ry perAun or corporation 11nvmp, till intetel;t Ill caid taln.ner''A , i,Grrcriin:.Of,t • • 'tJtr JT,vl'r.or Tr �'1 4J5 e«y kale inn,the ullaltrai ncd audldl ity,on Ow riny person:illY t 1...._ 'I +: . kno^.vn to rue to In the rion whom namr is culnt:fi6rtl to the roresering insuurhrnt;l;id ackno��l,,,grni as • ine that hl Of S1i r"lerniett the stuns for II rpoleS a•tI ronsiitetnine Ih .rcin exprr,•tmd. ,.M r;u luilla't 11ty hand Ind 04rl1(10144.1 .nn� ... ..., ~` �.a'1 C• • �' Slat #49a n n nntl 'it'r the Stt'u at i;�•, s lI . . ar,o� comm. E ?•t l c •n emP;rc6: .•,,.,,r. ,J f . 4 Mrs'Y"st'S x,i tt trto d �►�'►ICr S rlaif re tr.? fits; STATr,rtr TFAA,S • • COUNTY Or Before inn,the nntle,rliirled nt'tlnriry,on this shay pttltonr1,lly lsprared. . .v.....y.�.. kW"19 me to be i11C(a+`titlfl whils�(li xI C !,a xltbStltllb:4.1 to the ft,vagOing ir. ttotrcllt rant!11t;kn wlcdgcd to me thet ho r»ahe eieeu of thy$ imr.rot 10urposes;tfid cansid^iSlrnn therein exOfttlfid. cilvra otitta my Ilona aria!TPA of tll rug%this ,. •.�.tley of. .._..._.._... .,... t a__ (sr At.,) > rt y I<'taitlis irl nntl(p/tilt Strata cad'T�1xsC . _u Mys®drtntd'giz+n d/11144v;,, ....... ,.:�....._._,_.._.._.__._. * Town of Prosper P.O. Box 307 Prosper, Texas 75078 (972)347-2304 Metro(972)346-2640 Fax(972)347-2111 SEPTEMBER 18, 1998 ARCH PARDUE 16200 DALLAS PARKWAY, SUITE 100 DALLAS,TEXAS 75248 DEAR ARCH, THE CITY COUNCIL HAS WAIVED THE WATER IMPACT FEE OF$1932.00 ON YOUR PROPERTY ON SH289 BECAUSE YOU WERE GOOD ENOUGH TO GIVE THE CITY AN EASEMENT FOR THE 12"WATER LINE. THE WATER TAP FEE IS $800.00 AND THE METER DEPOSIT IS$60.00. PLEASE REMIT CHECK TO THE TOWN OF PROSPER AT THE ABOVE ADDRESS AND I WILL MAIL YOU A RECEIPT. THE FIRST PUBLIC HEARING ON YOUR ANNEXATION IS SCHEDULED FOR THE 13TH OF OCTOBER AND THE SECOND PUBLIC HEARING IS SCHEDULED FOR THE 20'x OF OCTOBER, 1998 EACH AT 7:00 P.M. AT THE CITY HALL— 109 SOUTH MAIN STREET. THE ADOPTION OF THE ORDINANCE WILL BE ON THE 11'r'OF NOVEMBER AND AT THAT TIME YOUR PROPERTY WILL BE INSIDE THE CITY LIMITS. YOU ARE MORE THAN WELCOME TO A FIEND THE PUBLIC HEARING BUT IS NOT A REQUIREMENT. LOOKING FORWARD TO MEETING YOU, �j, SHIRLEY JACKSON CITY ADMINISTRATOR C0 0 n0 COMPTROLLER OF PUBLIC ACCOUNT STATE OF TEXAS t {�L, AUSTIN, 78774 ?ExA% November 23, 1998 Ms. Jennifer Finley City Secretary City of Prosper Post Office Box 297 Prosper,Texas 75078-0297 Dear Ms. Finley: • We have received annexation ordinance no. 98-22 and the map indicating the area to be annexed into the City of Prosper. The local sales and use tax will become effective January 1, 1999 in the area indicated on the map. You stated in our phone conversation this afternoon that no businesses were annexed with this ordinance. You also confirmed for me that the following utility companies service the annexed area: Texas Utilities Electric Company 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 54443 or call me direct at 512/463-4443. Sincer ly, Karen J. Fowler Revenue Accounting Division Tax Allocation Section Town of Prosper P.O. BOX 307 Prosper, Texas 75078 (972)347-2304 METRO(972)346-2640 FAX(972)347-2111 FAX MEMO DATE: %l- - 9 g TO: 0. FRO ,4441,-y g T ) yiaf.2.44.} --V o • • IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE ADVISE PAGE 1 OF PAGES (INCLUDES COVER) r TOWN OF PROSPER, TEXAS ORDINANCE NO. 98-22 AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 172, AND BEING 30 ACRES OF LAND IN COLLIN COUNTY, TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE DESCRIBED TRACT OF LAND SHALL BE ENTITLED TOT HE RIGHTS BY THE ACTS AND ORDINANCES NOW ON 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. g00.7/z Of J- t03.2ZZ P.O. Box 307 Prosper, Texas 75078 214/347-2304 (FAX) 214-347-2111 FAX MEMO DATE : 9 -42v- • 9cP TO : aJ FROM: /1- 7 5 7 n /a i A • IF YOU DO NOT RECEIVE ALL OF THE PAGES , PLEASE ADVISE . PAGE OF „ .,/ PAGES ( INCLUDES COVER) 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 PRnSPRR ,Texas in the city hall at 7 : nn p.m. on OCT . 13 19 q and at 7 _ on p.m. on nrT_ 7n , 1998 , for the purpose of considering annexation into the city limits of the following described property: COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT 172 AND BEING 30.0 ACRES OF LAND All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. Ci,ii ; ' ry Secre ry ty of PROSPER Governmental Service Agency, Inc. Annexation Procedures Manual . PUBLISH KR'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 cols n,n lineage to general interest items; 4,, . ---c 7,k6tic(4) ork) 2. it is publishedat least once each week; a,,,,,, ,k) • • 3. it is entered as second-class postal matter in the county . . £A 2 )4 - 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: Oe.e /Ai , 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 d6t, day of-OjaiJ ,A.D. 1998, • to certify which witness my hand and seal of office. - • Anc,x., - - - Notary Public, State of Texas rf/ill lilf , ur Town of Prosper P.O. BOX 297 Prosper, Texas 75078 r 972/347-2304 NOVEMBER 12, 1998 U.S. DEPARTMENT OF JUSTICE, VOTING SECTION CIVIL RIGHTS DIVISION P.O.BOX 66128 WASHINGTON,D.C. 20035-6128 REF: ANNEXATION OF 30 ACRES INTO THE CITY OF PROSPER,TEXAS. MY NAME IS JENNIFER FINLEY,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 30 ACRES OF LAND WAS ANNEXED INTO THE CITY OF PROSPER,TEXAS AS OF NOVEMBER 11TH, 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 98-22 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 THE CITY OF PROSPER,TEXAS PRIOR TO THE ANNEXATION IS 1,400 PER NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS. THE ANNEXED LAND IS UNINHIBITED AT THIS TIME,THE PROPERTY ANNEXED WILL HAVE ONLY SINGLE FAMILY HOMES ON IT. (7.0/1-111 IFER FI E lJY' CITY SECRET Y Town of Prosper P.O. BOX 297 Prosper, Texas 75078 972/347-2304 NOVEMBER 12, 1998 ' SALES TAX DIVISION COMPTROLLER OF PUBLIC ACCOUNTS LYNDON B. JOHNSON STATE OFFICE BUILDING AUSTIN, TX 78774 REF: ANNEXATION OF 30 ACRES INTO THE CITY OF PROSEPR, TEXAS. PLEASE FIND ATTACHED A COPY OF ORDINANCE NO. 98-22 ANNEXING NEW LAND INTO THE CITY LIMITS OF PROSPER, TEXAS. I HAVE ENCLOSED A MAP OF THE CITY SHOWING THE ANNEXED AREA IN YELLOW. IF MORE INFORMATION IS NEEDED,PLEASE FEEL FREE TO CONTACT ME AT THE ABOVE ADDRESS OR TELEPHONE NUMBER. Q71119 461-Lir NNIER FINLEY. CITY SECRET Town of Prosper P.O. BOX 307 Prosper, Texas 75078 (972)347-2304 METRO(972)346-2640 FAX(972)347-2111 NOVEMBER 12, 1998 OFFICE OF THE SECRETARY OF STATE STATUTORY DOCUMENTS DIVISION PO BOX 12887 AUSTIN, TX 78711 REF: ANNEXATION OF 30 ACRES INTO THE TOWN OF PROSPER. ENCLOSED IS A COPY OF THE ANNEXATION ORDINANCE#98-22 ANNEXING 30 ACRES OF LAND 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. kgCn. JENNIFER FINLEY, CITY SECRETARY Town of Prosper P.O. BOX 297 Prosper, Texas 75078 972/347-2304 NOVEMBER 12, 1998 • JOHN WEINBERG TU ELECTRIC P.O. BOX 490 FRISCO, TX 75034 REF: ANNEXATION OF 30 ACRES INTO THE CITY OF PROSPER, TEXAS. DEAR JOHN, ENCLOSED IS A COPY OF ANNEXATION ORDINANCE NO. 98-22 ANNEXING 30 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, • JE LEY,CITY SECRE-Y Town of Prosper P.O. BOX 297 Prosper, Texas 75078 972/347-2304 NOVEMBER 12, 1998 ' S.W.B.T. DENNIS BAILEY AREA MANAGER,EXTERNAL AFFAIRS 208 N. ROCKWALL TERRELL, TEXAS 75160 REF: ANNEXATION OF 30 ACRES INTO THE CITY OF PROSPER,TEXAS DEAR DENNIS, ENCLOSED PLEASE FIND A COPY OF ANNEXATION ORDINANCE NO. 98-22 ANNEXING 30 ACRES INTO THE CITY 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, QUIFL-19E111.) IN4-Y, SECRE9'ARY � 11 Town of Prosper P.O. BOX 297 Prosper, Texas 75078 972/347-2304 NOVEMBER 12, 1998 CO-SERV ELECTRIC CO-OP 3501 FM 2181 CORINTH, TEXAS 76205 ATTN: JANET KNIGHT REF: ANNEXATION OF 30 ACRES INTO THE CITY OF PROSPER, TEXAS PLEASE FIND ATTACHED A COPY OF ANNEXATION ORDINANCE NO. 98-22 ANNEXING 30 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, R�EY, CITY S RETARY Town. of Prosper P.O. BOX 297 Prosper, Texas 75078 972/347-2304 NOVEMBER 12, 1998 CO-SERV GAS 3501 FM 2181 CORINTH, TEXAS 76205 ATTN: DON LEVERTY REF: ANNEXATION OF 30 ACRES INTO THE CITY OF PROSPER, TEXAS PLEASE FIND ATTACHED A COPY OF ANNEXATION ORDINANCE NO. 98-22 ANNEXING 30 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, -jt - NNIFER FINLEY, CITY'SECRETARY Town of Prosper P.O. BOX 297 Prosper, Texas 75078 r 972/347-2304 NOVEMBER 12, 1998 FRIENDSHIP CABLE T.V. 3 815 PIONEER ROAD BALCH SPRINGS, TEXAS 75180 ATTN: RODNEY,FLETCHER, AREA MGR. REF: ANNEXATION OF 30 ACRES INTO THE CITY OF PROSPER, TEXAS PLEASE FIND ATTACHED A COPY OF ANNEXATION ORDINANCE NO. 98-22 ANNEXING 30 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, (,)(JLt ��� � IFE T� FINLEY, CITY' SECRETARY - L ll SEP 24 1998 Town of ProsperPerc +•'• P.O. Box 307 •� Prosper, Texas 75078 (972)347-2304 Metro(972)346-2640 Fax(972)347-2111 SEPTEMBER 18, 1998 ARCH PARDUE 16200 DALLAS PARKWAY. SUITE 100 DALLAS,TEXAS 75248 DEAR ARCH, _ THE CITY COUNCIL HAS WAIVED THE WATER IMPACT rEb,OF$1932.00 ON YOUR PROPERTY ON SH289 BECAUSE YOU WERE GOOD ENOUGH TO GIVE THE CITY AN EASEMENT FOR THE 12"WATER LINE. THE WATER TAP FEE IS $800.00 AND THE METER DEPOSIT IS$60.00. PLEASE REMIT CHECK TO THE TOWN OF PROSPER AT THE ABOVE ADDRESS AND I WILL MAIL YOU A RECEIPT. THE FIRST PUBLIC HEARING ON YOUR ANNEXATION IS SCHEDULED FOR THE 13TH OF OCTOBER AND THE SECOND PUBLIC HEARING IS SCHEDULED FOR THE 20TH OF OCTOBER, 1998 EACH AT 7:00 P.M.AT THE CITY HALL- 109 SOUTH MAIN STREET. THE ADOPTION OF THE ORDINANCE WILL BE ON THE 11TH OF NOVEMBER AND AT THAT TIME YOUR PROPERTY WILL BE INSIDE THE CITY LIMITS. YOU ARE MORE THAN WELCOME TO AMEND THE PUBLIC HEARING BUT IS NOT A REQUIREMENT. LOOKING FORWARD TO MEETING YOU, • cUc SHIRLEY JACK ON CITY ADMINISTRATOR �$��df r ecord in: dIN �OU�TY TX WATERLINE EASEMENT HONORABLE HELE�N STARNES KNOW ALL MEN BY THESE PRESENTS, that ARCH PARDUE, whose addressOn it n or o ieeia 16200 Dallas Parkway, Suite 100, Dallas, Texas75248, (hereinafter called "Grantor"l, irO&onuitfatition of one dollar ($1.00) and other good and valuable consideration paid by the TownuabiteswrF, Ig42.1,14 whose address for notice is P.O. Box 307, Prosper, Texas 75078 (hereinafter caalr "CJr ee"), ie00 receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, transfer, and convey to said Grantee, its successors, and assigns, a non-exclusive easement with the right to erect, construct, install and lay and thereafter use, operate, inspect, repair, maintain, replace, and remove waterlines and appurtenances in and through Grantor's land in the Collin County School Land Survey, Abstract No. 172, more particularly described in instrument recorded in Volume 1475, Page 300, Deed Records Collin County, Texas, together with the right of ingress and egress over Grantor's adjacent lands for the purpose for which the above mentioned rights are granted. The easement hereby granted shall not exceed fifteen feet (15') in width and is more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes (the "Easement Area'). Grantee, with the prior written consent of Grantor, which consent,shall not be unreasonably withheld, may designate the course of the easement herein conveyed except that when the pipe line(s) is installed, the easement herein granted shall be limited to a strip of land fifteen feet (15') in width the center line thereof being the pipe line as installed. Following the installation of said pipe line(s), Grantee, at its sole cost and expense, shall deliver to Grantor'a detailed map showing the exact location of said pipe line(s) and, in the event said fifteen foot(15" easement area differs from the Easement Area, execute an amendment to this Waterline Easement for purposes of describing the exact location of said fifteen foot (15') easement area. Said pipe line(s) shall be buried to a minimum depth of three feet (3') below the ground surface. Grantor shall be entitled to tap into said pipe line(s) for purposes of obtaining water therefrom at all times during the term of this Waterline Easement, subject to compliance with the requirements of the applicable ordinance(s) of the Town of Prosper. • The consideration recited herein shall constitute payment in full for damages sustained by Grantor by reason of the installation of the structures referred to herein and the Grantee will maintain the Easement Area in a state of good repair and efficiency so that no unreasonable damages will result from its use to the Easement Area or Grantor's adjacent premises. This Agreement together with other provisions of this grant shall constitute a covenant running with the land for the benefit of the Grantee, its successors, and assigns. The Grantor covenants that it is the owner of the above described Easement Area and that said Easement Area is free and clear of all encumbrances and liens except for, and Grantee agrees that the easement granted herein is expressly made and accepted subject to, all of the encumbrances, liens, restrictions, easements, conditions, covenants and other matters affecting title to the Easement Area of record in Collin County, Texas. Grantee shall pay all costs in connection with the installation of said pipe line(s) and shall promptly discharge any liens or claims for liens arising in connection therewith. All construction and reconstruction must be done in accordance with all applicable laws, rules, regulations and ordinances of any governmental authority. "Grantee shall not, in its use of the easement granted herein or Easement Area, unreasonably interfere with Grantor's use of the Easement Area, within five (5) days after doing any work in connection with the construction, reconstruction or repair of any improvements in or to the Easement shall restore said premises to substantially the same condition in which they were found before such work was undertaken. Grantee shall not construct any .curbing, barricades or other obstructions to free access along the boundary of the Easement Area. The easement granted herein is not exclusive. Grantor shall continue to enjoy.the use of the Easement Area for any and all purposes which Grantor may deem appropriate and shall have the right to install improvements, landscaping, irrigation equipment, utilities, parking, driveways, walls and other improvements and utilities in, under, and upon the Easement Area; provided that same does not unreasonably interfere with the use of the Easement Area of the purposes set forth herein. Grantor, its successors or assigns reserves the right to relocate the easement granted herein and • the Easement Area, at no expense to Grantee, as long as substantially equivalent easement areas are provided prior to such relocation. Grantee hereby indemnifies and agrees to save harmless Grantor from and against any claims that arise in connection with Grantee's use, construction, repair or maintenance of the easement granted herein or Easement Area, including but not limited to any use of the Easement Area, including but not limited to any use of the Easement Area or Grantor's adjacent property by the agents, representatives, guests or invitees of Grantee and to defend, at its own cost and expense, any and all such claims and to discharge any and all judgments, orders and decrees which may be recovered against Grantor with respect to the foregoing. Nothing contained herein is intended to create rights in or for the benefit of the general public. The Easement may be amended or terminated only by written instrument executed by the then current owners of the Easement Area and filed of record in the county where the Easement Area is located and no party other than the then current owners of the Easement Area shall be required to join in the execution of any such amendment or termination instrument. IN WITNESS WHEREOF the said Grantor has executed this instrument this a Z day of , 1997. GRANTOR: ARCH PARDUE ACKNOWLEDGEMENT STATE OF TEX COUNTY OF BEFORE ME, the undersigned a Notary Public in and for the said County and State, on this day personally appeared Arch Pardue, known to me to be the person whose name is subscribed to the• foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE day ofggtet-deld, 1997. "I:74% TERESA J. MROZ NO•T/',r't'� PUBLIC 5tat� Texas`P'kf' o.' Comm. Ex 02-27-99 ry Public in and for ounty, Texas Fo�t6 P• .. file/easement.96-074 • .a i 3. PO/N:OF CaLliY1ENC/NG > ____..L, Z . . STATE N/Gy/ 4Y A/O. eB 9 -- —c, f N o -• ? IA- -- _ _ 1-1/�_71-/1 11 Z. . --- i0o0. 0, S./•35l1! ems¢ 7p• U i U1 `R l h I 0 " w ' h to No COL L/A/ CO /A/T/ SCVOOC z,441.0 SU'PVEY , 465T. /72 1 • FIELD NOTES FOR 15' WATERLINE EASEMENT BEING a tract of land situated in the Collin County, Texas, and being out of the Collin County School Land Survey Abstract No. 172, and being part of a 259.422 acre tract conveyed ' by warranty deed dated Nov. 20, 1975 from William J. McPartland to Richard M. Kendrick III, and recorded in Volume 970, Page 869, Deed Records of Collin County, Texas and being more fully described as follows: COMMENCING at a point in the east line of State Hwy. No. 289 on the northern most cutback corner of County. Road No. 81, a point for corner; Thence northerly along the said east line of State Hwy. No. 289 the following courses N. 0°50' E., 441.46 feet; N. 1°59' E, 1000.20 feet; N. 0°18'45" W., 500.14 feet to the PLACE OF BEGINNING a monument found for corner; THENCE N. 1°35' E., 656.45 feet to an iron pin found for corner; THENCE N. 88°51' E., 15.02 feet to a point for corner; THENCE S. 1°35' W., 654.70 feet to a point for corner; THENCE S. 82°13'49" W., 15.20 feet to the Place of Beginning and containing 9,834 sq. feet of land more or less. • /5 00'1-Y/DE b1/ATER Z/NE ES Zf'T, 1 � L/N ca 5 WOc77 LAND. 5'U.PYEy, ,4BST. /7e { • �` COL L/A/ COUNTY, TEXAS Iii:••:"It4b•iiii .1 4.1.-hi-a..., ‘:- .,e,t, • . 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