19-41 - O20190923001173480 09/23/201912:18:38 PM OR 1/3
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-41
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ABANDONING AND VACATING CERTAIN RIGHT -OF --WAY, AS
REFLECTED ON THE BRYANTS 1ST ADDITION PLAT; MAKING FINDINGS; .
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas ("Town"), is a duly organized political subdivision
and home -rule municipality of the State of Texas; and
WHEREAS, the Town, by plat, obtained dedicated right-of-way along a street (depicted
as Second Street) located south of Block 5 and north of Block 7 of the Bryant 15t Addition plat
("Plat"), west of S. Main Street and east of S. Crockett Street, a copy of which Plat is'attached
hereto as Exhibit A and is incorporated by reference; and
WHEREAS, the Plat reflects an sixty -foot (60') right-of-way (or street) as described above;
and
WHEREAS, since the right-of-way (or street) is no longer utilized as such, the Town has
determined that the 60' right-of-way (or street) should be abandoned and vacated, and that any
and all rights that the Town may have in the right-of-way (or street) should be released to the
adjacent property owner, which abandonment and vacation the Town Council has determined is
in furtherance of the public health, safety and welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
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
From and after the effective date of this Ordinance, the Town's right-of-way (or street) and
any and all rights and interests that the Town have in such right-of-way (or street), as set forth in
the attached Exhibit A, are hereby abandoned and vacated by the Town, and the Town hereby
disclaims any interest in the right-of-way (or street).
SECTION 3
All ordinances, orders or resolutions heretofore passed and adopted by the Town Council
are hereby repealed to the extent that said ordinances, resolutions, or parts thereof, are in conflict
herewith.
SECTION 4
If any section, subsection, clause, phrase or provision of this Ordinance, or the application
thereof to any person or circumstance, shall to any extent be held by a court of competent
jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses,
phrases and provisions of this Ordinance, or the application thereof to any person or
circumstance, shall remain in full force and effect and shall in no way be affected, impaired or
invalidated, and the Town Council hereby declares that it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect. .
SECTION 5
Effective Date. This Ordinance shall become effective from and after its adoption and
publication, as required by law.
``,11111►jo,'=TS,
D�1CY(RKSROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN Q� 0S t;ON THIS 25TH DAY OF JUNE, 2019.
'.•• Ray Smith, Ma or
ATTEST.-
'
r t
Roby Battle, Town tecretary
APPROVED AS TO FORM AND LEGALITY:
AJ_
Terrence S. Welch, Town Attorney
1
Ordinance No. 19-41. Page 2
EXHIBIT A
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