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02-21 - O05190 01653 TOWN OF PROSPER, TEXAS ORDINANCE NO.02-21 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS DECLARING AND ESTABLISHING A PORTION OF S.H. 289 (PRESTON ROAD) FROM THE INTERSECTION OF S.H. 289 (PRESTON ROAD) AND U.S. HIGHWAY 380 NORTH TO THE INTERSECTION OF S.H. 289 (PRESTON ROAD) AND FM ROAD 1461 A "NO PASSING ZONE"; 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 of the Town of Prosper, Texas (the "Town Council') has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Prosper") to declare and establish a portion of S.H. 289 (Preston Road) from the intersection of S.H. 289 (Preston Road) and U.S. Highway 380 north to the intersection of S.H. 289 (Preston Road) and FM Road 1461 (the "Roadway") a "No Passing Zone"; and WHEREAS, the Town Council has investigated and determined that overtaking and passing or driving to the left of the Roadway is hazardous; and WHEREAS, the Town Council investigated and determined that it has jurisdiction over the Roadway for, among other things, the purpose of declaring and establishing the Roadway a "No Passing Zone"; and WHEREAS, the Town Council finds it is necessary for the protection and safety for the citizens of Prosper to declare the Roadway described above as a "No Passing Zone" 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: Declaration and Establishment "No -Passing Zone". Prosper hereby declares and establishes S.H. 289 (Preston Road) from the intersection of S.H. 289 (Preston Road) and U.S. Highway 380 north to the intersection of S.H. 289 (Preston Road) and FM Road 1461 a "No Passing Zone". No driver shall at any time drive on the left side of S.H. 289 (Preston Road) from the intersection of S.H. 289 (Preston Road) and U.S. Highway 380 north to the intersection of S.H. ORDINANCE DECLARING "NO -PASSING ZONE" - Page 1 C:\Documents and SettingsVenniferWly Documents\Ordinances and Resolutions\Double-Striping Preston Road Ordinance (TxDot).doc � ► o - ~ i �. �'' � I .E 4 w.. y 05,90 01654 289 (Preston Road) and FM Road 1461 within such "No Passing Zone" or on the left side of any pavement striping designed to mark such "No Passing Zone" throughout its length; provided, however, this Ordinance shall not be construed as prohibiting the crossing of such pavement striping, or the center line within the "No Passing Zone" marked by signs only, in making a left turn into or out of an alley, private road or driveway. SECTION 3: Savings/Repealing Clause. 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 4: 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 5: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVEP,BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this L" day of �' 3 2002. JANfES DUNMIRE, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: PHILLIPS " 'V ti ',CLARING "NO -PASSING ZONE" - Page 2 SettingsVenniferWy Documents\Ordinances and Resolutions\Double-Striping Preston -5190 55 DATE(s) OF PUBLICATION: �1 j.�%1.P �, aria in The McKinney Courier -Gazette jfl5 � • T Q ORDINANCE DECLARING "NO -PASSING ZONE" - Page 3 C:\Documents and SettingsUennifer\My Documents\Ordinances and Resolutions\Double-Striping Preston Road Ordinance (TxDot).doc 11tiff rcwwp� , ofty or Prosper P.O. Box 307 Prosper, TX 75078 )5i90 0I656 ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW (THE STATE OF TEXTS) (COUNTY OF COLLIN) I hereby certify Mal this instrument was FILED in fhe File Number Sequence on the date and the lime slampeo hereon by me; and was duly RECORDED, in the Official Public Records of Rai Pr"rty of Collin County, Texas on JUN 14 2002 * * Filed for Record in: Collin County, McKinney IX Honorable Helen Starnes Collin County Clerk. 0n Jun 14 2002 At i1:43am Doc/lAura : 2002- 00854E8 Reco'rdin /Type:On 15.00 Receipt € : 21314 PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF COLLIN Before me, this undersigned authority, on this day personally appeared Jim Moser 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 (25%) of its total a0 column lineage to general interest items; Printer's Fee $ No.�-��—� 2. it is published at least once each week; C9t�, t 3. 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. Publisher further deposes and says that the attached notice was published in said newspaper on the following date(s) to wit; SUBSCRIBED AND SWORN BEFORE ME by James E. Moser, who �a) is personally know to me, or b) provided the following evidence to establish his identit5nd on this theo�S day A.D. 2002 to certify which witness and seal of office. Public, State of Texas VERNE GRAVES Notary Public, Sta a off Texas My Commission Expires 05-12.2005 Bonded & Ins. 156-4739 re Refinish TISE YOUR MESS :S WITH US. )n't have a Jig for you hake one! 2-542-2631 ad online! 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Suite 230, 75069.(972) aled bids will opened on y 2, 2002 at by the \gent in the Conference Louse, 210 S. Street, TX The 's' Court -ight to reject is. Legal Notices To be published in the McKinney Courier -Gazette on Thursday, June 13 and Thursday. June 20. 2002. LEGAL NOTICE By order of the Commissioners' Court of Collin County, Texas, sealed proposals will be received by the County Auditor, 210 S McDonald St., Suite 636. McKinney, TX 75069, until 2:00 PM, Wednesday, July 3, 2002, for competitive proposals on Substance Abuse Treatment, Anger Management, Sex Offender, and Psychological Assessment/Counseling Services, (RFP No. 05116-02), (CO No. 2002- 446-06-11). Proposers should use lump sum pricing. Funds for payment have been provided through the Collin County budget approved by the Commissioners' Court for this fiscal year only. Proposers may obtain detailed specifications and other documents online at www,demandstar.com or by calling Demand Star at 1-800-711-1712. Sealed proposals will be publicly opened on Wednesday, July 3, 2002 at 2:00 PM by the Purchasing Agent in the 6th Floor Conference Room, Courthouse, 210 S. McDonald Street, McKinney, TX The Commissioners' Court reserves the right to reject any and all proposers To be published in the To be published in the McKinney Courier -Gazette on McKinney Courier -Gazette on Thursday, June 20. 2002 Thursday. June 20, 2002. LEGAL NOTICE Town of Prosper. Texas Ordinance No. 02-21 At) Ordinance of the Town of Prosper, Texas declaring and establishing a portion of S.H. 289 (Preston Road) from intersection of S.H. 289 (Preston Road) and U S. Highway 380 North to the intersection of S.H. 289 (Preston Road) and FM Road 1461 a "NO PASSING ZONE". providing for repealing, savings and severability clauses providing for an effective date of this ordinance: and providing for the publication of the caption hereof. �t LEGAL NOTICE Town of Prosper, Texas Ordinance No.02-22 An Ordinance of the Town of Prosper, Texas, establishing regulations tot the construction and/or drilling of water wells in Prosper: Providing for definitions. providing for permit and license requirements and fees: providing for inspections; providing for construction requirements; providing for miscellaneous regulatory provisions: providing tot severability. savings and pertplty clauses: providing for aljF effective date; and oviding for the publication of he caption hereof. or can 542-2631 VIA to place your ad