09-130 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.09-130
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 13 (THE THOROUGHFARE PLAN) OF THE TOWN OF PROSPER'S
COMPREHENSIVE PLAN, ORDINANCE NO. 04-103; REMOVING THE
UNNAMED EAST-WEST FOUR LANE DIVIDED THOROUGHFARE,
LOCATED BETWEEN TEEL PARKWAY AND GEE ROAD, 1,800± FEET
NORTH OF U.S. 380; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE.
WHEREAS,the Town Council of the Town of Prosper,Texas("Town Council")has investigated
and determined that Section 13 (The Thoroughfare Plan) of the Town of Prosper, Texas ("Prosper")
Comprehensive Plan, Ordinance No. 04-103 should be amended; and
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 a portion of the Comprehensive Plan 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: Amendment to Prosper's Comprehensive Plan, Ordinance No. 04-103. Section 13
(The Thoroughfare Plan) of Prosper's Comprehensive Plan, Ordinance No. 04-103 is hereby amended to
remove the unnamed east-west four lane divided thoroughfare, located between Teel Parkway and Gee
Road, 1,800±feet north of U.S. 380, attached hereto as"Exhibit A."
SECTION 3: Savings/Repealing Clause: Prosper's Comprehensive Plan, Ordinance No. 04-103
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provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a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 ordinance 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
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phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
SECTION 5: Effective Date: This Ordinance shall become effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS ON THIS 10th DAY OF NOVEMBER, 2009.
APPROVED AS TO FORM:
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DATE OF PUBLICATION. ItICI14 5e12- °2 C19102 c0 , Dallas Morning
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Town's Thoroughfare Plan as adopted in June 2006
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AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Jason
Pena, Advertising Representative for the DALLAS MORNING NEWS, being duly sworn
by oath, states the attached advertisement of:
Town of Prosper
as published in The Dallas Morning News on:
November 20, 2009 ---
(Jaso Pena)
Sworn to and subscribed before me this November 20, 2009
(Notary Public)
` ', • LYNDA F. BLACK
�tp'' B' Notary Public,State of Texas ,
My Commission Expires
'i��TEOF ��� May 27, 2013
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