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02-02 - O•` 05032. 32143 2.002- 6005547 TOWN OF PROSPER, TEXAS ORDINANCE NO. 02-02 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING PROSPER ORDINANCE NO. 99-24, SECTION 1.13 (DEFINITIONS) AND SECTION 1.11 (LANDSCAPING); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Prosper") to amend Prosper Ordinance No. 99-24, Section 1.13 (Definitions) and Section 1.11 (Landscaping); and 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: AMENDMENT TO PROSPER ORDINANCE NO. 99-24, SECTION 1.13 (DEFINITIONS). Prosper Ordinance No. 99-24, Section 1.13 (Definitions) is hereby amended as follows: Masonry An exterior facade material such as brick, stone, rock, concrete, concrete block, stucco, marble and glass block, but specifically excluding and prohibiting the use of hardiplank. If CMU is utilized, then it must be textured and shall be painted or otherwise colored. SECTION 3: AMENDMENT TO PROSPER ORDINANCE NO. 99-24, SECTION 1.11 (LANDSCAPING). Prosper Ordinance No. 99-24, Section 1.11 (Landscaping) is hereby amended as follows: 1.11.3 A landscape buffer strip with a minimum width of twenty (20) feet shall be provided adjacent to the right-of-way line of all other dedicated streets and/or the property line of any other private road, street and/or drive. This landscape buffer is exclusive of the street parkway. SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Comprehensive Zoning Ordinance No. 84- ORDINANCE AMENDING CORRIDOR ORDINANCE — Page 1 C:\Documents and Settings\User\My Documents\Ordinances and Resolutions\Amend Corridor Ordinance.doc t w r � r •. � .k +' xr �} y �� �[ VY If.5082 02144 16 and/or Ordinance No. 99-24, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause. Prosper's Comprehensive Zoning Ordinance No. 84-16 and Ordinance No. 99-24 shall remain in full force and effect, except as by amended by this or any other ordinance. 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 6: 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 7: Effective Date. This Ordinance shall become effective from and after its adoption and ppWipation as required by law. _h r AND V PROED BA THE TOWN COUNCIL OF THE TOWN OF P on this day of 2002. •e ,` �7 JAMES DUNMIRE, Mayor R CORRECTLY 41 Town. Secretary Date(s) ofPuhlication: The McKinney Courier Gazette ORDINANCE AMENDING CORRIDOR ORDINANCE — Page 2 C:\Documents and Settings\User\My Documents\Ordinances and Resolutions\Amend Corridor Ordinance.doc City of Prosper P.O. Box 307 Prosper, TX 75O78 05082 02145 ANY PROVISION HEREIN WHICH RESTRICTSREN A( -IR 'ISE DESCRIEED ff SC PROPERTY B`CAUSE THE SALF, UNENFOH FAKE CINDER FED UW �C ' F' �S INV�! I (iHESiATEOFIExk.) to *vr I he ahY ; =rti t Ihy this inC,rumenl Wdq FILED in .;x ' c % C'OUN TY CF C xM the line stamped hereon eNu` per Sequwia: on OLUN) Records of Real Pr hY me, mC wr Jul, °�FCO. tOED, in the Official PuWi� opeAy of Collin CouMY Tex on JAN 1 0 2002 Oil i d fer Record in: o �in ounty, McKinney TX Honorable Helen Starnes Collin County Clerk. On Jan 10 2002 At 11:59am Doc/alum : 2002- 0005547 Recordingg/Type:OR 13.00 Receipt �i: 1171 �r. LPLTSL=S14ER' S AFFIc T__r THE STATE OF TEXAS COUNTY OF COLLIN Before me, this undersigned authority, on this day personally appeared Jim Robertson 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 201.004, 201.005 and 201.006 of the Texas Government Code, to wit: 1. It devotes not less than twenty-five percent (251.) of its total column lineage to general interest items; 2. it is published at least once each week; 1. 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 S. it is generally circulated within Collin County. � Printer's Fee . C) No qq Publisher further deposes and* says teat the attached notice was published in said newspaper on the following date(s) co wit; Editor and Publisher SUBSCRIBED AND SWORN BEFORE ME by Jim Robertson who -a) is personally known to me, or b) provided the following evidence t-o e-stablish his/her identity, on this the day of�an A.-D. �002 to certify which witnessce. O�PPV Pie! LAVERNE GRAVES Notary Public Notary Public, State of Texas IA TATE OF TEXAS OF Vy omm. EXP. 05/12/2005 Couriers- Gazette • 972.542-263to rarr- .w.*.Vw w:, W CALI C&-Ssified Monday h7nt(e, Notices Notices Notices Notices No Legal Notices To be published in the McKinney Courier -Gazette on Monday, December 31, 2001, Monday, January 7, Monday, January 14 and again on Monday, January 21, 2002 LEGAL NOTICE CITY OF McKinney, TEXAS ADVERTISEMENTS FOR BIDS BID #02-10-CC The City of McKinney is accepting sealed bids for the LAVON/WESTMORELAND Project. Bids will be accepted until 2:00 p.m., January 24, 2002, in the office of the Purchasing Agent, 1550 D South College, McKinney, Texas 75069. Late bids will be rejected as non- responsive. Plans and specifications will be available at HDR Engineering Inc.. 17111 Preston Road Suite 300, Dallas, Texas. 75248, For Questions regarding the plans and specifications. Contact Garay Foyt at (972) 960-4426 or Kevin Shepherd at (972) 960-4179 Plans and specifications will be released upon receipt of $75.00. which is nonrefundable, for each set of plans and specifications, payable to HDR Engineering, Inc, Mr. Brian W. Jones of Freese and Nicholas, Inc. may also be reached with general questions at (972) 548-2400 or bwi@freese.com Each bid submitted shall be accompanied by a bid bond or a bid guaranty in the form of a certified or cashier's check made payable to the City of McKinney in the amount of not less than 5% of the greatest amount bid. All bidders' security will be retained until a contract has been awarded and executed. The successful bidder shall furnish Legal Notices performance and payment bonds in the amount of 100% of the contract sum within ten (10) days of notice of award. All bonds shall be issued by an approved surety company, licensed in the State of Texas. Bids are to be addressed to the Purchasing Agent and shall be marked "SEALED BID LAVON/WESTMORELAND, BID NO 02-10-CC" on the outside of the a envelope. The City reserves the right to reject any and all bids and to waive any informality in bids received, deemed to be in the best interest of the City. No officer or employee of the City of McKinney shall have a financial interest, direct or indirect, in any contract with the City of McKinney. The bids shall remain in effect for no less than 90 days from opening date. To be published in the McKinney Courier -Gazette on Monday, December 31, 2001, Monday, January 7, Monday, January 14 and again on Monday, January 21, 2002 LEGAL NOTICE CITY OF McKinney, TEXAS ADVERTISEMENTS FOR BIDS BID #02-11-CC The City of McKinney is accepting sealed bids for the Street Reconstruction, Water and Sewer Rehabilitation for Kincade, Evelyn, and Wilson Streets. Bids will be accepted until 2:00 p.m., January 24, 2002, in the office of the Purchasing Agent, 1550 D South College, McKinney, Texas 75069. Late bids will be rejected as non- responsive. Plans and specifications w' be available at U A Professional Services Group, Inc. 8700 Stemmons Freeway, Suite 75247. Plans will be released upon receipt of $100.00, which is nonrefundable, for each set of plans and specifications. payable to USA Professional Services Group, Inc. Mr. Scott Young of USA Professional Services Group, Inc at (214) 634-3300 or Mr. Brian W. Jones of Freese and Nichols, Inc. at (972) 548-2400 may also be reached with general questions. Each bid submitted shall be accompanied by a bid bond or a bid guaranty in the form of a certified or cashier's check made payable to the City of McKinney in the amount of not less than 5% of the greatest amount bid. All bidders' security will be retained until a contract has been awarded and executed. The successful bidder l shal furnish perfo �ad payment bonds in e t of 100% of the cont hin ten (10) days o ce of award. All bonds sh It be issued by an approved surety company, licensed in the State of Texas. Bids are to be addressed to the Purchasing Agent and shall be marked "SEALED BID - KINCADE, EVELYN, AND WILSON STREETS, BID NO 02-11-CC" on the outside of the a envelope. The City reserves the right to reject any and all bids and to waive any informality in bids received, deemed to be in the best interest of the City. No officer or employee of the City of McKinney shall have a financial interest, direct or indirect, in any contract with the City of McKinney. The bids shall remain in effect for no less than 90 days from opening date. LegDallas. al NoticesTexa Legal Notices TOWN OF PROSPER,TEXAS ORDINANCE NO 02-02 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING PROSPER ORDINANCE NO. 99-24, SECTION 1.13 (DEFINITIONS) AND SECTION 1.11 (LANDSCAPING): PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. '\ Legal sh uld be he whether said shall be auth bonds of sa amounts and hereinafter i therefore, BE IT CROP CITY COUNC OF MCKINNE SECTION 1: be held on I February, 200 McKinney, Tex a uniform elec not less than more than ni from the date hereof. At sL following meF submitted: PROPOSITIOI "SHALL the Ci City of McKir authorized to obligation bon J the principal To be published in the McKinney Courier -Gazette Monday, January 7, 2002 and Monday, January 14, 2002 NOTICE OF BOND ELECTION THE STATE OF TEXAS CITY OF McKINNEY TO THE RESIDENT QUALIFIED ELECTORS OF CITY OF MCKINNEY,TEXAS: TAKE NOTICE that an election will be held in the City of McKinney, Texas, on the 2nd day of February, 2002, in accordance with an ordinance adopted by the City Council which is a part of this notice for all purposes and reads as follows: ORDINANCE NO. 2001-12-131 AN ORDINANCE calling a bond election to be held in the City of McKinney, Texas, making provision for the conduct of the election and resolving other matters To be published in the incident and related to such McKinney Courier -Gazette on election. Monday, January 14, 2002. WHEREAS, the City Council of the City of McKinney, Texas. LEGAL NOTICE hereby finds that an election 8,380,000 f public impr( public purp( constructing erosion contra improvements the City, such serially or of period not to E years from It issued and sol series at any and to bear int or rates variable or ott, be determine discretion of I at the time of of the bonds; valorem taxes upon all taxabl City sufficien annual interes sinking fund t( at maturity?" PROPOSITIOI "SHALL the Ci City of McKir authorized to obligation bon the principal 43.900,000 public impr(