09-131 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.09-131
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; REVISING A PORTION
OF FIRST STREET, LOCATED BETWEEN COLEMAN STREET AND CRAIG
STREET, FROM A FUTURE FOUR LANE DIVIDED THOROUGHFARE (90
FEET OF RIGHT-OF-WAY) TO A FUTURE THREE LANE THOROUGHFARE
(60 FEET OF RIGHT-OF WAY); PROVIDING FOR REPEALING, SAVINGS
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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
revise a portion of First Street, located between Coleman Street and Craig Street, from a future four lane
divided thoroughfare (90 feet of right-of-way) to a future three lane thoroughfare (60 feet of right-of-
way),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provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a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.
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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: 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 F RM:
a s iswanger,Mayor
ATTESTED TO AND oott 111/®/®
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T.wn Secretary
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DATE OF PUBLICATION: voog vCt ' Oft , Dallas Morning News
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Town's Thoroughfare Plan as adopted in June 2006
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Proposed Amendment to the Town's Thoroughfare Plan
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