09-124 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 09-124
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
CHAPTERS 10 AND 14 OF THE PROSPER CODE OF ORDINANCES TO
REMOVE ORDINANCE NOS. 03-05 (PROSPER SUBDIVISION
ORDINANCE) AND 05-20 (PROSPER ZONING ORDINANCE) FROM
THE PROSPER CODE OF ORDINANCES TO ALLOW SUCH
ORDINANCES TO SERVE AS STAND-ALONE ORDINANCES AS SO
PROVIDED HEREIN; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE.
WHEREAS,the Town Council of the Town of Prosper, Texas, (the "Town Council") has
investigated and determined that it would be in the best interest of the Town of Prosper, Texas
(the "Town") and its inhabitants to remove Ordinance No. 03-05 from the Prosper Code of
Ordinances so that such Ordinance can be a stand-alone ordinance, more commonly known as
Prosper's Subdivision Ordinance; and
WHEREAS, the Town Council has investigated and determined that it would be in the
best interest of the Town and its inhabitants to remove Ordinance 05-20 from the Prosper Code
of Ordinances so that such Ordinance can be a stand-alone ordinance, more commonly known as
Prosper's Comprehensive Zoning Ordinance.
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 Section 10.03.001 of Article 10.03 (Subdivision
Ordinance) of Chapter 10 of the Prosper Code of Ordinances. Section 10.03.001 of Article 10.03
(Subdivision Ordinance) of Chapter 10 of the Prosper Code of Ordinances is amended to read as
follows:
"At the time of adoption of this Code, the provisions of Ordinance 03-05,
and all amendments thereafter adopted are adopted by reference and
incorporated as if set forth herein as it exists or may be amended."
SECTION 3: Removal of Exhibit"A" of Chapter 10 of the Prosper Code of Ordinances.
Exhibit "A" of Chapter 10 of the Prosper Code of Ordinances is hereby removed from the
codified version of the Prosper Code of Ordinances and shall be maintained, amended and
updated as a document separate from the Prosper Code of Ordinances and shall be referred to as
Prosper's Subdivision Regulations.
SECTION 4: Amendment to Section 14.02 of Chapter 14 of the Prosper Code of
Ordinances. Section 14.02 of the Prosper Code of Ordinances is amended to read as follows:
Amendment to Chapter 10 and 14 of the Prosper Code of Ordinances Page 1
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"At the time of adoption of this Code, the provisions of Ordinance 05-20,
and all amendments thereafter adopted are adopted by reference and
incorporated as if set forth herein as it exists or may be amended."
SECTION 5: Removal of Exhibit"A" of Chapter 14 of the Prosper Code of Ordinances.
Exhibit A" of Chapter 14 of the Prosper Code of Ordinances is hereby removed from the
codified version of the Prosper Code of Ordinances and shall be maintained, amended, and
updated as a document separate from the Prosper Code of Ordinances and shall be referred to as
Prosper's Comprehensive Zoning Ordinance.
SECTION 6: Effect of Ordinance and Ratification of Ordinances Nos. 03-05 and 05-20.
This Ordinance makes no substantive changes to Ordinance No. 03-05 nor Ordinance No. 05-20,
but merely relocates the text of these ordinances to documents that will be maintained, amended,
and updated separate and apart from the Prosper Code of Ordinances. Ordinance No. 03-05 and
05-20 are also hereby ratified in their entirety.
SECTION 7: 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 8: 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 9: 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 PROSPER, TEXAS, on this 13th day of October, 2009.
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