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TOWN OF PROSPER, TEXAS ORDINANCE NO. OI - l (O
AN ORDINANCE CREATING THE PLANNING AND ZONING
COMMISSION OF THE TOWN OF PROSPER, TEXAS; PROVIDING
FOR THE APPOINTMENT OF ITS MEMBERS AND THE METHOD
OF FILLING VACANCIES; PROVIDING FOR THE ADOPTION OF
THE RULES AND REGULATIONS; 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 Council ("Town Council") of the Town of Prosper, Texas
("Town") has investigated and determined that it will be advantageous and beneficial to
Prosper and its inhabitants to create the Planning and Zoning Commission as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Establishment of Planning and Zoning Commission. There is
hereby created and established within Prosper a Planning and Zoning Commission which
shall be subject to the jurisdiction of the Town Council of Prosper.
SECTION 3: Number of Members. The Planning and Zoning Commission shall
be composed of five (5) members appointed by the Town Council. Each member of the
Planning and Zoning Commission shall be a resident of Prosper.
SECTION 4: Term of Office. The term of office of each member shall be two
(2) years; provided, however, at the time of appointment of the initial members of the
Planning and Zoning Commission, the Town Council shall draw by lot to determine three
(3) members who shall Serve a one (1) yeas term and two (2) members Y:ho shall serve a
two (2) year term. The following year, the Town Council shall appoint three (3) persons
to serve a two (2) year term each.
No member shall serve longer than two (2) consecutive two-year terms.
SECTION 5: Vacancies. When vacancies occur on the Planning and Zoning
Commission, the Town Council shall appoint, by majority vote, a replacement to serve
the remainder of that term.
SECTION 6: Chair/Vice Chair/Quorum. The Planning and Zoning Commission
shall have a Chair and Vice -Chair whose terms shall be one (1) year. The Chair and
Vice -chair shall be appointed by the Town Council. Three (3) members of the Planning
and Zoning Commission shall constitute a quorum for transaction of business.
Ordinance Creating the Planning and Zoning Commission — Page 1
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5009 2027
SECTION 7: Meetinas. The Planning and Zoning Commission shall have its
regular meeting on the third Tuesday of each month and at such other times as the
Planning and Zoning Commission and/or Town Council deem necessary and appropriate.
SECTION 8: Removal From Office. Any member of the Planning and Zoning
Commission shall be removed for twice failing to attend a regularly scheduled Planning
and Zoning Commission meeting without good cause during any one (1) year during
his/her term. For purposes of this attendance policy, a year shall begin on the date of
appointment to the Planning and Zoning Commission.
A member's failure to attend a meeting may be excused for good cause upon
his/her application for excused absence to the Town Council of Prosper and the approval
by the Town Council by majority vote of the members present and voting.
SECTION 9: Powers and Authority. The Planning and Zoning Commission
shall have the power and authority, and it shall be its duty, to perform all functions
required by law and such other and further duties requested of it by the Town Council.
SECTION 10: Savings/RepealingClause. cause. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict; but
such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any
violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 1 l: Severability_. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance
shall remain in full force and effect. Prosper hereby declares that it would have passed
this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses and phrases be
declared unconstitutional or invalid.
SECTION 12: Effective Date. This Ordinance shall become effective upon its
passage and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS on this day of
2001.
DUNMIRE, Mayor
;5O0g 2028
ATTESTED AND CORRECTLY
RECORDED:
AMBER PHILLIPS,
Town Secretary
APPROVED AS TO FORM:
dImA4buji&
ABERNATHY, ROEDER, BOYD &
JOPLIN, P.C.
Town Attorneys
Date(s) ofpublication VC n ��, �McKinney Courier Gazette.
Ordinance Creating the Planning & Zoning Commission — Page 3
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5009 2029
city of Prosper
P.O. Box 307
Prosper, TX 75078
'Z �?OVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE
DESCRIBED RF/V PROPERTY BECAUSE OF COLOR OR
UNENFORCEABLE UNDER FEDERAL LAW (THE STATE OF TEJ S RACE IS INVALID gryp
I hereby "ere that this instrument was FILED in the File Number OF COLLIN)
and the limed PPrWed h�� by �; and was duly RECORDED, Snag the Official public
on
Records of R date
oper}y of Colin County, Texas on
SEP 2 4 2001
Z Wii of �ouniy; r�cWiney TX
Honorable He en Starnes
Collin County Clerk
On Sep 24 2001
At 2:18pm
Doc/Num : 2001- 0119933
Recording/Type:OR 15.00
Receipt 0: 31364