02-26 O - Regulating Solicitors and Handbills - Amending 02-04?525C 02553 2002- 0131118
TOWN OF PROSPER, TEXAS ORDINANCE NO. 02-26
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE
FINDINGS AND CERTAIN DEFINITIONS IN ORDINANCE 02-04
(REGULATING SOLICITORS AND HANDBILLS); 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 THIS CAPTION.
WHEREAS, the Town Council of the Town of Prosper, Texas, (the "Town Council") has
investigated and determined that the Town of Prosper, Texas ("Prosper") should amend Ordinance
No. 02-04, regulating solicitors and handbills, as set forth below;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to reduce the potential for criminal
behavior throughout Prosper;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to protect the safety of citizens, peddlers,
solicitors or handbill distributors by providing reasonable times in which to conduct such activities;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to prevent nuisances, litter and invitations
to vandalism;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to reduce the opportunity for crime to
occur;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to provide a means of identifying whether
a person appearing at the front door of a residence to demonstrate compliance with this Ordinance;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to maintain the privacy of the home and
limit nuisances and fears of crime that unwilling citizens must be exposed to relative to the
enjoyment of the investment made in the home;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to enhance psychological well-being for
individuals and families;
AMENDMENT TO SOLICITORS & HANDBILL DISTRIBUTORS ORDINANCE — Page I
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WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to prevent fraud and deceit that may occur
in door-to-door solicitations;
WHEREAS, the Town Council has investigated and determined that it will be advantageous,
beneficial and in the best interest of the citizens of Prosper to establish reasonable regulations of
certain commercial activities and the solicitation of funds;
WHEREAS, the Town Council has investigated and determined that the requirements of this
ordinance are narrowly -tailored to the governmental interests of Prosper;
WHEREAS, Prosper has complied with all notices and public hearings as required by law;
and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Prosper to amend Prosper Ordinance No. 02-04 as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findings Incorporated and Amendment of Section 1 (Findings Incorporated).
The findings set forth above are incorporated into the body of this Ordinance as if fully set forth
herein. Section 1 (Findings Incorporated) of Ordinance 02-04 is hereby amended to incorporate the
findings set forth above.
SECTION 2: Amendment of Section 2 (Definitions). Section 2 (Definitions) of Ordinance
No. 02-04 is hereby amended to replace the definitions of "Charitable Purpose" and "Handbill" as
follows:
Charitable purpose shall mean philanthropic or other nonprofit objectives, including the
benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any patriotic or veterans'
association or organization; the benefit of any fraternal, social or civil organization, or the benefit of
any educational institution. "Charitable purpose" shall not be construed to include: (i) the direct
benefit of the individual making the solicitation; (ii) the benefit of any political group or political
organization that is subject to financial disclosure under state or federal law; or (iii) the benefit of
any church or religious society or order.
Handbill means and includes any printed or written matter, any sample or devise, dodger,
circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or
copies of any matter or literature that is commercial in nature or has a commercial intent.
SECTION 3 : Penalty Provision. Any person, firm, corporation or business entity violating
this Ordinance or any provision of Ordinance No. 02-04, as amended, or any other ordinance shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding
AMENDMENT TO SOLICITORS & HANDBILL DISTRIBUTORS ORDINANCE — Page 2
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Five Hundred Dollars (S500.00). 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 4: Savings/RepealingClause. Ordinance No. 02-04 shall remain in full force and
effect, save and except as 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 5: Severability. Should any section, subsection, clause or phrase of this
Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full for force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clauses and phrases be declared unconstitutional or invalid.
SECTION 6: Effective Date. This Ordinance shall be effective immediately upon its passage
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PRO�PER;'TEXAS, on this loth day of September, 2002.
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XTW$ g`EQWND CORRECTLY
JAMBiERPHIdILLIPS, To n Secretary
�, 11
J ES DUNMIRE, Mayor
APPROVED AS TO FORM:
ABERNATHY, ROEDER, BOYD & JOPLIN, P.C.
RICHARD M. ABERNATHY
JULIE FORT
Town Attorneys
Date(s) of Publication September 18, 2002, in The McKinney Courier -Gazette.
AMENDMENT TO SOLICITORS & HANDBILL DISTRIBUTORS ORDINANCE — Page 3
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05252 02556
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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 FEDEPALLAW
(THE STATE OF TEXAS) (COUNTY OF COLLIN)
I hereby certify that this instrument was FILED in the File Number Sequence on the date
and the time stamped hereon by me: and was duty RECORDED, in the Official Public
Records of Real Property of Colin County, Texas on
SEP 12 2002
a
Fi 1 ed for f ecord
Collin C0LMt 117°
honorab.ie Helen�S McKinney TX
Cailin County Clerk
On pp 12 2002
Ats11:3bam
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Receipt /TYPe:OFi 15.00
heceipt:
3233E
PUBL = SHER • S AF F = DAV I T
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:
Printer's Fee $
?U
No. 0 0� �� Description:
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;
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;
D
Za) is personally known to me, or
b) provided the following evidence to establish his/her identity,
on this the day of A.D. 2002 to certify which witness my hand and seal of
office.
Notary Public, State of Texas
(SEAL)
COMMISSION EXPIRES
Legal Notices
To be published in the
McKinney Couner-Gazette on
Wednesday. September 18,
2002
Legal Notices
To be published in the
McKinney Courier -Gazette on
Wednesday, September 18,
2002
LEGAL NOTICE
LEGAL NOTICE
TOWN OF PROSPER
PUBLIC NOTICE
ORDINANCE NO.02-10
The City of Melissa will submit
AN ORDINANCE OF THE
a Texas Community
TOWN OF PROSPER, TEXAS
Development Program
REPEALING ORDINANCE
Community Development
NO, 02.10: REGULATING
Fund application for $250,000
BURGLAR. ROBBERY, FIRE
for water improvements in a
AND MEDICAL EMERGENCY
targeted area. The application
ASSISTANCE ALARMS AND
will be available for review at
REGULATING PERSONS
Melissa City Hall during
ENGAGED IN RELAYING.
regular business hours.
ALARM NOTIFICATIONS;.
— ------ --
PROVIDING FOR THE
TO be published in
ISSUANCE AND
REVOCATION OF PERMITS
the McKinney
AND FOR THE
Courier -Gazette On
ESTABLISHMENT OF
Tuesday, September
@Sa y+ P
PERMIT FEES; PROVIDING
AN APPEAL PROCEDURE
17, and Wednesday,
FOR DENIAL OR
September 18 2002
SUSPENSION OF A PERMIT;
PROVIDING FOR THE
Application has
ENFORCEMENT OF SUCH
been made for a
REGULATIONS; PROVIDING
Private Club
FOR A SERVICE CHARGE
FEE FOR FALSE ALARMS;
Registration Permit
ALLOWING FOR RESPONSE
for an
TERMINATION BY TOWN
POLICE AND FIRE
unincorporated
DEPARTMENTS IN THE
association of
EVENT OF
NONCOMPLIANCE WITH
persons doing
THIS ORDINANCE;
business as
PROVIDING FOR A PENALTY
OF
Storybook Ranch at
FOR THE VIOLATION
THIS ORDINANCE:
FM 2478 West Side
PROVIDING FOR SAVINGS,
3 Mlles North Of
REPEALING AND
SEVERABILITY CLAUSES;
Hwy 121, `A',
PROVIDING FOR AN
McKinney, Collin
EFFECTIVE DATE; AND
PROVIDING FOR THE
County, Texas.
PUBLICATION OF THE
Said application
CAP ION HEREOF.
made in accordance
_ with the provisions
To be published in the
Of the Texas
McKinney Courier -Gazette on
Alcoholic Beverage
Wednesday, September 18,
2002.
Code.
LEGAL NOTICE
An
TOWN OF PROSPER
ORDINANCE NO.02-26
Unincorporated
AN ORDINANCE OF THE
Association Of
TOWN OF PROSPER,
TEXAS, AMENDING THE
Persons:Jeong Nim
FINDINGS AND CERTAIN
Kim, President.
DEFINITIONS IN
ORDINANCE 02-04
To be published in the
(REGULATING SOLICITORS
McKinney. Courier -Gazette on
AND HANDBILLS);
Wednesday, September 18,
PROVIDING FOR A PENALTY
and Wednesday, September
FOR THE VIOLATION OF
25.2002
THIS ORDINANCE;
PROVIDING FOR
LEGAL NOTICE
REPEALING, SAVINGS AND
SEVERABILITY CLAUSES;
Collin County Community
PROVIDING FOR AN
College District, Courtyard
EFFECTIVE DATE OF THIS
Center. 4800 Preston Park
IyaiNANCF- AND
n ,rill of ,. ry
i1,,)vlUn14h ruri Flit 75693 will receive sealed bids
PUBLICATION OF THIV
until: 3:00 p.m., October 7,
CAPTION
2002 for Bid 2171: Custodial
Services: Spring Creek
-- — - - —' _
Campus. Bids will be publicly
To be published in the
opened and read aloud at the
McKinney Courier -Gazette on
above time and date. All bids
Wednesday. September 18,
shall be accompanied by a
2002
Cashier's check, Certified
LEGAL NOTICE
Check or Bid Bond in an
TOWN OF PROSPER
amount not less than five (5%)
ORDINANCE NO.02-32
percent of the total actual
AN ORDINANCE ADOPTING
scheduled work price. A
THE RULES OF THE TEXAS
Mandatory Pre -Bid
BOARD OF HEALTH, TITLE
Conference will be held
25 TEXAS ADMINISTRATIVE
Monday, September 30, 2002
CODE, CHAPTER 229,
@ 9:00 a.m. at Collin County
SECTIONS 161 THROUGH
Community College District,
171 AND 173 THROUGH 175,
Spring Creek Campus, 2800
Legal Notices
To be published in the
McKinney Courier -Gazette on
Wednesday. September 11
and Wednesday, September
18, 2002.
LEGAL NOTICE
Collin County Community
College District, Courtyard
Center, 4800 Preston Park
Legal Notices
hand and seal of said Court in
McKinney. Texas, on August
21, 2002.
Helen Starnes
County Clerk, Collin County.
Texas
University Drive Courts Facility
1800 N. Graves. McKinney,
Texas 75069
By. MARY ANN RHYS,
Deputy
Blvd., 4th Floor- Suite A400,
P.O. Box 869055. Plano, TX
. — -- — — - --
75086-9055 will receive
To be published in the
sealed bids until 3:00 p.m.
McKinney Courier -Gazette on
September 25, 2002 for Bid
Wednesday, August 28;
#2163: Annual Contract for
Wednesday, September, 4;
Fall Color. Bids will be publicly
Wednesday. September 11
opened and read aloud at the
and Wednesday, September
above time and date.
18, 2002.
Specifications may be picked
up at the above address, or
LEGAL NOTICE
call Jan Crowe at (972) 758-
3874. Bids are posted on our THE STATE OF TEXAS
Web Page,
htto:Hiws.ccccd edulbiOfWin -el bid
notice.html. Copies of bids
may also be requested by e-
mail, bidline@ccccd.edu.
"CCCCD encourages
participation in the bid process
by small, minority and female -
owned businesses. CCCCD
does not discriminate on the
basis of race, color, religion,
sex, national origin, age,
disability or veteran status"
To be published in the
McKinney Courier -Gazette on
Wednesday, August 28;
Wednesday, September 4;
Wednesday, September 11
and Wednesday, September
18. 2002.
LEGAL NOTICE
THE STATE OF TEXAS
To: Preveen Sinha
Whose whereabouts are
unknown.
DEFENDANT, Greeting:
"YOU HAVE BEEN USED.
YOU MAY EMPLOY AN
ATTORNEY. IF YOU OR YOUR
ATTORNEY DO NOT FILE A
WRITTEN ANSWER WITH
THE CLERK WHO ISSUED
THIS CITATION BY 10:00 A.M.
OF THE FIRST MONDAY
NEXT AFTER THE
EXPIRATION OF FORTY-
TWO DAYS FROM THE DATE
OF THE ISSUANCE OF THIS
CITATION, A DEFAULT
JUDGMENT MAY BE TAKEN
AGAINST YOU"
YOU (AND EACH OF YOU)
ARE HEREBY COMMANDED
to appear before the
Honorable County Court at
Law #3 of Collin County, Texas
at the Court Facility thereof, in
written answer at or before 10
o'clock A.M. of the first
Monday next after the
expiration of forty two days
from the date of issuance of
this citation,same being on
October 7, 2002, to ORIGINAL
PETITION was filed in said
court, on May 10, 2002 in this
cause, numbered 003-562-02
on the docket of said court and
styled:
PLAINTIFF:
KIRK STEANSON
VS.
DEFENDANT:
PREVEEN SINHA
said ORIGINAL PETITION
was filed in said court by
To: WILLIAM E. BAIRD
Whose whereabouts are
unknown.
DEFENDANT, GREETING:
"YOU HAVE BEEN SUED.
YOU MAY EMPLOY AN
ATTORNEY IF YOU OR YOUR
ATTORNEY DO NOT FILE A
WRITTEN ANSWER WITH
THE CLERK WHO ISSUED
THIS CITATION BY 10:00 A.M.
OF THE FIRST MONDAY
NEXT AFTER THE
EXPIRATION OF FORTY-
TWO DAYS FROM THE DATE
OF THE ISSUANCE OF THIS
CITATION, A DEFAULT
JUDGMENT MAY BE TAKEN
AGAINST YOU"
YOU (AND EACH OF YOU)
ARE HEREBY COMMANDED
to appear before the
Honorable 296th District Court
of Collin County, Texas at the
Courthouse thereof, in
McKinney, Texas, by filing a
written answer at or before 10
o'clock A.M. of the first
Monday next after the
expiration of forty two days
from the date of issuance of
this citation, same being on
October 7, 2002, to ORIGINAL
PETITION was filed in said
court, on May 10, 2002 in this
cause, numbered 296-00917-
02 on the docket of said court
and styled:
PLAINTIFF:
CITY OF MELISSA
vs.
DEFENDANT:
WILLIAM E. BAIRD
KATHLEEN K. BAIRD
said ORIGINAL PETITION
was filed in said court by
REBECCA BREWER,
Attorney for plaintiff; whose
address is: 1700 REDBUD
TRAIL, SUITE 300,
MCKINNFY. TX >5069
(214)544-4000.
A brief statement of the
nature of this suit is as follows,
to wit:
The officer executing this writ
shall promptly serve the same
according to requirements of
law, and mandates thereof,
and make due return as the
law directs.
Issued and given under my
hand and seal of said Court in
McKinney. Texas, on August
22, 2002.
Hannah Kunkle,
District Clerk,
Collin County, Texas
Courthouse,
McKinney. Texas 75069.
Bv: TRACI LONG. Deputy
Special Ni
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