00-18 O - Annexing 27.4356 Acres, William Butler Survey, Abstract No. 112 (William Gurley)01 774 0 0 41 g 2 00- 0112962
TOWN OF PROSPER, TEXAS ORDINANCE NO. 00-18
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF
A TRACT OF LAND SITUATED IN THE WILLIAM BUTLER SURVEY,
ABSTRACT NO. 112, CONTAINING 27.4356 ACRES OF LAND, MORE OR
LESS, IN PROSPER, TEXAS, COLLIN COUNTY; PROVIDING THAT THE
OWNERS AND INHABITANTS OF THE ABOVE -DESCRIBED TRACT OF
LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVELAGES OF
OTHER CITIZENS OF PROSPER AND BE BOUND BY THE ACTS AND
ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;
PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE
AND PROSPER'S ZONING ORDINANCE NO.84-16 AND ANY
AMENDMENTS THERETO; PROVIDING FOR REPEALING, SAVINGS
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town of Prosper ("Prosper") received a request from
William Gurley to annex a tract of land containing 27.4356 acres of land, more or
less; and
WHEREAS, the City Council of the Prosper ("City Council") under the authority
of Section 43.001, et seq. Local Government Code, investigated and determined that it
would be advantageous and beneficial to Prosper and its inhabitants to annex the below -
described property ("Property") to Prosper; and
WHEREAS, the City Council finds that the property the subject of this Ordinance
is within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the
existing city limits of Prosper; and
WHEREAS, the City Council finds that the field notes close the boundaries of the
Property being annexed; and
WEHREAS, the City Council finds that the property the subject of this Ordinance
is one-half (1 /2) mile or less in width; and
0074 00420
WHEREAS, the City Council finds that the property the subject of this Ordinance
is vacant and without residents; and
WHEREAS, the City Council has conducted at least two, (2) public hearings at
which persons interested in the annexation were given an opportunity to be heard
regarding the proposed annexation and the proposed service plan; and
WEEREAS, the City Council finds the public hearings were conducted on or
after the fortieth (4&) day but before the twentieth (2e) day before the date of
institution of the annexation proceedings; and
WHEREAS, the City Council finds it has completed the annexation process
within ninety (90) days after the City Council instituted annexation proceedings; and
WHEREAS, the City Council finds the proposed Service Plan for Annexed Area
was available for review and inspection by citizens; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the
manner and form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
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.
SECTION 3: The Service Plan for the Property is attached hereto and made a
part hereof for all purposes.
04774 00421
SECTION 4: That from and after the passage of this Ordinance, the Property
shall be a part of Prosper, and the inhabitants thereof shall be entitled to all the rights and
privileges of all of the citizens of Prosper and shall be bound by all of the ordinances and
regulations enacted pursuant to and in conformity with the City Charter and the laws of
the State of Texas.
SECTION 5: That the official map and boundaries of Prosper are hereby
amended to include the property as part of Prosper and that a certified copy of this
Ordinance shall be filed in the County Clerk's office of Collin County, Texas.
SECTION 6: It shall be unlawful for any person, firm or corporation to make use
of the Property in some manner other than as authorized by this Ordinance and Zoning
Ordinance No. 84-16, and any amendments thereto; and it shall be unlawful for any
person, firm or corporation to construct on the Property any building that is not in
conformity with the permissible use under this Ordinance and Zoning Ordinance No. 84-
16, and any amendments thereto.
SECTION 7: Any person, firm or corporation who violates any provision of this
Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto, shall be
deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding
Two Thousand and 00/100 Dollars ($2,000.00), and each and every day such violation
continues shall be considered a separate offense; provided, however, such penal provision
shall not preclude a suit to enjoin such violation.
SECTION 8: Should any part of portion of this Ordinance, or the use created
herein or under Zoning Ordinance No. 84-16, and any amendments thereto, be declared
0074 00422
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions shall remain in full force and effect.
SECTION 9: All ordinances in conflict with this Ordinance are repealed to the
extent they are in conflict, and any remaining portions of the conflicting ordinance shall
remain in full force and effect.
SECTION 10: The caption of this Ordinance shall be published in accordance
with the law and the City Charter of Prosper and shall be effective immediately upon its
passage and publication.
PASSED AND APPROVED BY THE CITY OCUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 12th day of September, 2000.
ATTESTED TO AND
CORRECTLY RECORDED BY:
JONIFER VINLEY, CITY S RETARY
PUBLISHED IN THE MCKINNEY COURIER GAZETTE ON SEPTEMBER 15, 2000.
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CITY OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. 00-18
DATE OF ANNEXATION ORDINANCE: SEPTEMBER 12, 2000
ACREAGE ANNEXED: 27.4356 ACRES
SURVEY, ABSTRACT & COUNTY: WILLIAM BUTLER SURVEY, ABSTRACT NO. 112,
CONTAINING 27.4356 ACRES OF LAND.
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR
ON BEHALF OF THE CITY OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN
ACCORDACNE WITH THE FOLLOWING SCHEDULE:
A. POLICE SERVICE
1. PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES,
WITHIN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE
PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE INTHIS AREA,
SUFFICIENT POLICE PERSONNEL AND EQUIPMENT WILL BE PROVIDED TO
FURNISH THIS AREA THE MAXIMUM LEVEL OF POLICE SERVICES CONSISTENT
WITH THE CHARACTERISTICS OF TOPOGRAPHY, LAND UTILIZATION, AND
POPULATION DENSITY WITHIN THE AREA AS DETERMINED BY THE CITY
COUNCIL WITHIN TWO AND ONE-HALF (2 ''Vz) YEARS FROM THE DATE OF
ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF
DEVELOPMENT WITH THE AREA, WHICHEVER OCCURS LATER
3. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE
SERVICE WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT
THE CITY.
B. FIRE SERVICE
1. FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE
PRESENT PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE
DEPARTMENT, WITHIN THE LIMITS OF AVAILABLE WATER AND DISTANCES
FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO THIS AREA
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA,
SUFFICIENT FIRE AND EMERGENCY AMBULANCE EQUIPMENT WILL BE
PROVIDED TO FURNISH THIS AREA THE MAXIMUM LEVEL OF POLICE
SERVICES CONSISTENT WITH THE CHARACTERISTICS OF TOPOGRAPHY, LAND
UTILIZATION, AND POPULATION DENSITY WITHIN THE AREA AS DETERMINED
ORDINANCE 00-18
BY THE CITY COUNCIL WITHIN TWO AND ONE-HALF (2 ''/z) YEARS FROM THE
DATE OF DEVELOPMENT WITHIN THE AREA, WHICHEVER OCCURS LATER.
3. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AN
EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS
ARE FURNISHED THROUGHOUT THE CITY.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
ENFORCEMENT OF THE CITY'S ENVIRONMENTAL HEALTH ORDINANCE AND
REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH
ORDINANCES, JUNKED AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL
CONTROL ORDINANCES, SHALL BE PROVIDED WITHIN THIS AREA 60 DAYS TO
THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. THESE ORDINANCES
AND REGULATIONS WILL BE ENFORCED THROUGH THE USE OF EXISTING
PERSONNEL.
COMPLAINTS OF ORDINANCES OR REGULATION VIOLATIONS WITHIN THIS
AREA WILL BE ANSWERED AND INVESTIGATED WITHIN 60 DAYS OF THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE
ISSUANCE OR PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING,
MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH CITY
CODES AND ORDINANCES WILL BE PROVIDED WITHIN 60 DAYS OF THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PERSONNEL
WILL BE USED TO PROVIDE THESE SERVICES.
3. THE CITY'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE
ENFORCED IN THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE CITY OF PROSPER, BUT NOT
MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60
DAYS OF THE EFFECTIVE DATE OF THE ANNEXED ORDINANCE.
5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA,
SUFFICIENT PERSONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE
SAME LEVEL OF ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT
SERVICES AS ARE FURNISHED THROUGHOUT THE CITY.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE CITY WILL EXTEND TO
THIS AREA WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE
ANNEXATION ORDINANCE. CITY PLANNING WILL THEREAFTER
ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO
CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE CITY'S
COMPREHENSIVE PLAN.
ORDINANCE NO. 00-18
E. PARK AND RECREATION SERVICES
1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND
RECREATIONAL SERVICES, FACILITIES, AND SITES THROUGHOUT THE CITY,
BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS
RESIDENTS WILL BE ACQUIRED, DEVELOPED, AND MAINTAINED AT
LOCATIONS AND TIMES PROVIDED BY APPLICABLE PLANS, POLICIES AND
PROGRAMS AND DECISIONS OF THE CITY OF PROSPER
3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS
AND RECREATION SERVICES TO THE CITY. THE SAME LEVEL OF PARKS AND
RECREATION SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS
FURNISHED THROUGHOUT THE CITY.
4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES
WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY
THE CITY, BE MAINTAINED AND OPERATED BY THE CITY OF PROSPER, BUT
NOT OTHERWISE.
F. SOLID WASTE COLLECTION
SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN
ACCORDANCE WITH EXISTING CITY POLICIES, BEGINNING WITHIN 60 DAYS OF
THE EFFECTIVE DATE OF THE ANNEXATION ORDINACNE. RESIDENTS OF THIS
PROEPRTY UTILIZING PRIVATE COLLECTION SERVICES AT THE TIME OF
ANNEXATION SHALL CONTINUE TO DO SO UNTIL IT BECOMES FEASIBLE
BECAUSE OF INCREASED DENSITY OF POPULATION TO SERVE THE PROPERTY
MUNICIPALLY. COMMERCIAL REFUSE SERVICE COLLECTION SERVICES WILL
BE PROVIDED TO ANY BUSINESS LOCATED IN THE ANNEXED AREA AT THE
SAME PRICE AS PRESENTLY PROVIDED FOR ANY BUSINESS CUSTOMER
WITHIN THE CITY OF PROSPER, UPON REQUEST.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, AND
POPULATION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE
COLLECTION SHALL BE PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH
THE CURRENT POLICIES OF THE CITY AS TO FREQUENCY, CHANGES AND SO
FORTH.
3. SOLID WASTE COLLECTION SHALL BEGIN WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
G. STREETS
1. THE CITY OF PROSPEWS 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
m
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ORDINANCE NO. 00-18
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 SU13DMSION 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'Vz) YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF
DEVELOPMENT OF A SUBDMSION WITHIN THIS PROPERTY, WHICHEVER
OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO CITY STANDARDS WHICH ARE
WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS
SHALL BE MAINTAINED BY THE CITY OF PROSEPR BEGINNING WITHIN 60
DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE
THROUGHOUT THE CITY, SHALL MAINTAIN PRIVATE WATER LINES WITHIN
THIS PROPERTY.
I. MISCELLANEOUS
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ORDINANCE NO. 00-18
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.
RM
CITY OF ERQSPE& 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 8-8-00, and at 7:00 p.m. on
8-15-00 for the purpose of considering annexation into the city limits of the following
described property:
Collin County School Land Survey, Abstract No. 147, 5 acres being a part of an 80 acre
tract of land located in Collin County, Texas.
William Butler Survey, Abstract No. 112, Tract 9, being 27.4356 acres of land.
All interested citizens and property owners are hereby notified of their right to appear and
be heard on the matter.
Jennifer Finley
City Secretary, City of Prosper
STEEPLECHASE LAKE
OF PROSPER
[Exhibit 2-11
ANNEXATION PETITION
TO THE MAYOR AND GOVERNING BODY
OF THE CITY OF Prosper , TEXAS:
The undersigned owner(s) of the hereinafter described tract of land, which is vacant and
without residents, or on which less than three (3) qualified voters reside, hereby petition
your honorable body to extend the present city limits so as to include as a part of the City
of Prosper , Texas, the following described territory, to wit:
(Describe the territory to be annexed by metes and bounds here.)
I/We certify that the above described tract of land is contiguous to the City of Prosper
Texas, is not more than one-half (1/2) mile in width and that this petiti n is signed and
duly acknowledged by each and every or corporation having ah nterest in said
land.
Owner's Signature #1
THE STATE OF TEXAS
COUNTY OF Dallas
Before me, the undersigned authority, on this day personally appeared &6o
known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that he or she executed the same for purposes and consideration therein expressed.
Given under my hand and seal of office, this 6
(SE
WM
MSTRONG
. State of Texasission hxpilr 17, 2004
day of Jul , 19 2000
N Lary u lie in and or the State Sf Tex
My commission expires:
i'
Owner's Signature #2
THE STATE OF TEXAS
COUNTY OF Dallas
Before me, the undersigned authority, on this day personally appeared &4C>
known to me to be the person whose name is subscribed to the foregoing instrument and acknowledg to
me that he or she executed the same for purposes and consideration therein expressed.
Given under my hand and seal of office, this 6 day o , 19 2 0 0.0
(SEAL
;yam L1NIDA AR STRONG lic in and or the State of Te as
Notary Public. State of Texas
_ My commission expires:
: My Cmm�:i lion Rxpirc4
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2004
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WE
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` I ' PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF COLLIN
4 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 NfcKinney Courier -Gazette and that said
newspaper meets the requirements of Section 2051.044 of the Texas Government Code, to wit:
(CLIPPING) (S)
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;
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.
1-1
Publisher further deposes and says that the attached notice
was published in said newspaper on the following date(s) to wit:
I
"' Editor and Publisher
SUBSCRIBED AND SWORN BEFORE ME by
Jim Robertson, who
c/ a) is personally known to me, or
b) provided the following evidence to establish
his/her identity,
on this the day o A.D. 2000,
to certify which witness my h d and seal of office.
Notary ublic, State of Texas
zo�PPY PGB<�LaVERNE GRAVES
Notary Public
STATE OF TEXAS
OF My COMM Exp 05/12/2001
Printer's Fee_
No.(�