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TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-59
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ANNEXING A TRACT OF LAND SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, COLLIN COUNTY, TEXAS,
CONTAINING APPROXIMATELY 2.307 ACRES OF LAND, AND BEING MORE
GENERALLY LOCATED ON THE EAST SIDE OF DALLAS PARKWAY, 500±
FEET SOUTH OF FIRST STREET, MORE OR LESS, IN COLLIN COUNTY,
TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE
ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE
RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE
BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND
HEREAFTER ADOPTED; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), pursuant
to the authority contained in Chapter 43 of the Texas Local Government Code, has investigated
and determined that it would be advantageous and beneficial to Prosper and its inhabitants to
annex the hereinafter described property ("Property") into the Town of Prosper("Town"); and
WHEREAS, the Town Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with, pursuant to Chapter 43, Texas Local
Government Code; and
WHEREAS, the Town Council finds that the Property that is the subject of this
Ordinance is within the extraterritorial jurisdiction of the Town and is adjacent and contiguous to
the existing town limits of the Town; and
WHEREAS, the Town Council finds that the field notes close the boundaries of the
Property being annexed; and
WHEREAS, the Town Council has conducted at least two 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 Town Council finds the public hearings were conducted and held in
accordance with Chapter 43 of the Texas Local Government; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was
prepared in compliance with law and was available for review and inspection by citizens; and
WHEREAS, the Town 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 TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
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 in the attached Exhibit A and all public streets, roadways and
alleyways located within or contiguous to the same is hereby annexed into the Town.
SECTION 3
The Service Plan for the Property is attached hereto as Exhibit B and made a part hereof
for all purposes.
SECTION 4
From and after the passage of this Ordinance, the Property shall be a part of the Town,
and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of
Town and shall be bound by all of the ordinances and regulations enacted pursuant to and in
conformity with the laws of the State of Texas.
SECTION 5
That the official map and boundaries of the Town are hereby amended to include the
property as part of the Town 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. 05-20, 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. 05-20, and any amendments thereto.
SECTION 7
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 8
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,
Ordinance No.14-59,Page 2
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 9
This Ordinance shall become effective immediately upon its passage.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TQWVM PROSPER, TEXAS, ON THIS 9T" DAY OF SEPTEMBER, 20'4.
' Ray Smith,�Mayor
ATTEST: �
L�
htobyn Ep°ttle, Town Secretary f
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-59,Page 3
EXHIBIT A
ANNEXATION
LEGAL DESCRIPTION
BEING A 2.307 ACRE TRACT OF LAND LOCATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO_
147, AND BEING ALL OF THE SAME TRACT OF LAND DESCRIBED IN DEED TO PERSEPOLIS ORIENTAL RUGS OF
DALLAS INC., RECORDED IN VOLUME 5889, PAGE 1784, DEED RECORDS, COLLIN COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE COMMON CORNER OF SAID PERSEPOLIS TRACT AND A TRACT OF LAND DESCRIBED IN DEED
AS TRACT ONE IN DEED TO PROSPER DAWN INVESTMENTS, LTD., RECORDED IN DOCUMENT NO.
20070828001200880, DEED RECORDS, COLLIN COUNTY, TEXAS AND ALSO BEING IN THE WEST LINE OF A
CALLED 15.474 ACRE TRACT OF LAND DESCRIBED IN DEED TO PROSPER DAWN INVESTMENTS, LTD. AS
RECORDED IN DOCUMENT NO. 20070828001200890, DEED RECORDS, COLLIN COUNTY, TEXAS;
THENCE NORTH 891218" WEST, ALONG THE COMMON LINE OF SAID TRACT ONE PROSPER DAWN INVESTMENTS,
LTD. TRACT AND SAID 2.313 ACRE PERSEPOLIS ORIENTAL RUGS OF DALLAS INC. TRACT, A DISTANCE OF 222.39
FEET TO THE COMMON CORNER OF SAID 2.697 ACRE COLLIN COUNTY, TEXAS TRACT, SAID PERSEPOLIS
ORIENTAL RUGS OF DALLAS INC. TRACT, SAID TRACT ONE PROSPER DAWN INVESTMENTS, LTD. TRACT AND A
CALLED 2.681 ACRE TRACT OF LAND DESCRIBED IN DEED TO COLLIN COUNTY, TEXAS, RECORDED IN DOCUMENT
NO. 20060313000324730, DEED RECORDS, COLLIN COUNTY, TEXAS, SAID POINT ALSO BEING THE BEGINNING OF
A CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 00'14'36" EAST, 112.99 FEET;
THENCE CONTINUING ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 01'0737, A RADIUS OF
5744.48 FEET AND AN ARC LENGTH OF 113.00 FEET;
THENCE NORTH 0019'12" WEST, ALONG THE COMMON LINE OF SAID PERSEPOLIS TRACT AND SAID COLON
COUNTY TRACT, A DISTANCE OF 33438 FEET TO THE COMMON CORNER OF SAID PERSEPOLIS TRACT AND SAID
2.697 ACRE COLLIN COUNTY TRACT;
THENCE SOUTH 89'09'19" EAST, ALONG THE COMMON LINE OF SAID 2.313 ACRE PERSEPOLIS ORIENTAL RUGS OF
DALLAS INC. TRACT AND SAID PROSPER DAWN INVESTMENTS, LTD. TRACT, A DISTANCE OF 227.93 FEET TO THE
COMMON EAST CORNER OF SAID 2.313 PERSEPOLIS ORIENTAL RUGS OF DALLAS INC. TRACT AND SAID PROSPER
DAWN INVESTMENTS, LTD. TRACT, SAID POINT ALSO BEING IN THE WEST LINE OF SAID 15.474 ACRE PROSPER
DAWN INVESTMENTS, LTD. TRACT;
THENCE SOUTH 0031'51" WEST, ALONG THE COMMON LINE OF SAID 2.313 ACRE PERSEPOLIS ORIENTAL RUGS OF
DALLAS INC. TRACT AND SAID 15.474 ACRE PROSPER DAWN INVESTMENTS, LTD. TRACT, A DISTANCE OF 447.11
FEET TO THE POINT OF BEGINNING AND CONTAINING 100,475 SQUARE FEET OR 2.307 ACRES OF LAND.
BASIS OF BEARINGS DERIVED FROM THE WEST UNE OF McGINNIS FARMS, INC., RECORDED IN VOLUME 4919,
PAGE 1793, DEED RECORDS, COLLIN COUNTY, TEXAS.
SHEET 1 OF 2
THIS DOCUMENT, PREPARED UNDER 22 TAC 663.21, DOES NOT
REFLECT THE RESULTS OF AN ON THE GROUND SURVEY. AND IS LENARD V. WALL, R.P.L.S. 5249
NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL
PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPLIED OR
ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE O F �.
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS ti S TF F
PREPARED.
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Ordinance No.14-59,Page 4
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SHEET 2 OF 2
THIS DOCUMENT. PREPARED UNDER 22 TAC 663.21. DOES NOT
REFLECT THE RESULTS OF AN ON THE GROUND SURVEY. AND IS LMARD V. WALL, P.P.LS. 5249
NOT TO BE USED TO CONVEY OR ESTABLISH INTEREST IN REAL
PROPERTY EXCEPT THOSE RIGHTS AND INTEREST SUPPLIED OR
ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS S T E.
PREPARED. �P �G n RFo
- � i r � ANNEXATION
GSIVEERSNG LENARD VICTOR WALL
,"r., xlb.. un, P .=7$Vl I EXHIBIT 'A'
5245
(972) 122-0077 F(9721 122-0075 ` P
DRAW UY BY I SCALE r DATE I X8 ND. �PERSEPOU S TRACT 9tio��;
BLM LVW h"=100'{1/14/09108-0101 2.307 AC.
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Ordinance No.14-59,Page 5
EXHIBIT B
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. 14-59
DATE OF ANNEXATION ORDINANCE: SEPTEMBER 9, 2014
Municipal Services to the area of land depicted in Exhibit A shall be furnished by
or on behalf of the Town of Prosper, Texas ("Town") at the following levels and in
accordance with the following schedule:
A. POLICE PROTECTION:
Police personnel and equipment from the Prosper Police Department shall be
provided to the area annexed, at a level consistent with current methods and
procedures presently provided to similar areas of the Town, on the effective date
of this Ordinance.
B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES:
Fire protection and Emergency Medical Services (EMS) from the Town shall be
provided to the area annexed, at a level consistent with current methods and
procedures presently provided to similar areas of the Town, on the effective date
of this Ordinance.
C. FIRE PREVENTION / INVESTIGATION:
The services of the Town of Prosper Fire Department shall be provided to the
area on the effective date of this Ordinance. The non-emergency services of fire
prevention and fire investigation will be added to the list of services provided by
the Prosper Fire Department.
D. SOLID WASTE COLLECTION:
Solid waste collection shall be provided to the area annexed upon request on the
effective date of this Ordinance up to the second anniversary of the annexation.
After that time, residents will be required to use the Town's solid waste collection
company. The collection of refuse from individual properties shall be made in
accordance with the Town's usual solid waste collection scheduling.
E. WATER SERVICE:
1. This area is currently serviced by the Town's water distribution system.
Future expansion and extensions of the Town's Water Distribution System will
provide better flow rates and line pressures, and in accordance with
applicable Town codes and policies.
2. Maintenance of private lines will be the responsibility of the owner or
occupant.
Ordinance No.14-59,Page 6
F. SANITARY SEWER SERVICE:
1. The annexed area will be provided sanitary sewer service in accordance with
applicable codes and departmental policy. When development occurs in
adjacent areas, sanitary sewer service shall be provided in accordance with
applicable Town codes and policies, including extensions of service.
2. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
G. ROADS AND STREETS / STREET LIGHTING:
1. Operation and maintenance of private streets in the annexed area will be the
responsibility of the owner.
2. Operation and maintenance of public streets in the annexed area will be
provided by the Town on the effective date of this Ordinance.
3. The Town will coordinate any request for improved street lighting with the
local electric provider in accordance with Town policy.
H. PARKS AND RECREATION:
Residents within the area annexed may utilize all existing Town park and
recreation facilities, on the effective date of this Ordinance. Fees for such usage
shall be in accordance with current fees established by Town ordinance.
I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES,:
1. Enforcement of current environmental health ordinances and regulations,
including but not limited to, weed and brush ordinances, junked and
abandoned vehicles ordinances and animal control ordinances, shall begin
within this area on the effective date of the annexation.
2. Inspection services, including but not limited to, the review of building plans,
the issuance of permits and the inspection of all buildings, plumbing,
mechanical, and electrical work to ensure compliance with Town codes and
ordinances will be provided on the effective date of the annexation.
J. MISCELLANEOUS:
Any publicly owned facility, building, or service located within the annexed area
shall be maintained by the Town on the effective date of the annexation
ordinance. All other applicable municipal services shall be provided to the
annexation area in accordance with the Town's established policies governing
extension of municipal services to newly annexed areas.
Ordinance No.14-59,Page 7