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07-022 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 07-022 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 4 (SPECIAL PROVISIONS), SECTION 8 (FINAL PLAT), AND SECTION 9 (GUARANTEE OF PERFORMANCE) OF THE SUBDIVISION ORDINANCE NO. 03-05; 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 THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that Section 4 (Special Provisions), Section 8 (Final Plat), and Section 9 (Guarantee of Perfomance) of the Town of Prosper, Texas ("Prosper") Subdivision Ordinance No. 03-05 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 Prosper's Subdivision Ordinance No. 03-05 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 Subdivision Ordinance No. 03-05. Section 4 (Special Provisions) of Prosper's Subdivision Ordinance No. 03-05 is hereby amended to modify subsection 4.9, which reads as follows: 4.9 Acceptance &Maintenance of Streets Final approval of a plat shall not be deemed an acceptance of the proposed dedication and shall not impose any duty upon the Town concerning the maintenance or improvement of any dedicated parts until the proper authorities of the Town shall have made actual appropriation of the same by entry, use, or improvement. SECTION 3: Amendment to Prosper's Subdivision Ordinance No. 03-05. Section 8 (Final Plat) of Prosper's Subdivision Ordinance No. 03-05 is hereby amended to modify subsection 8.2 which reads as follows: Page 1 8.2 Processing of Final Plat 8.2.1 As soon as practical after the Subdivider is notified of the acceptance of the Preliminary Plat, his engineer shall submit to the Commission application for the Final Plat of the subdivision or portion thereof. 8.2.2 No Final Plat will be considered unless a Preliminary Plat has been submitted. However, if an accepted plat has been duly recorded and the Subdivider wishes to increase the size of the lots by combining two or more lots or by combining one lot with a portion of the adjacent lot in such manner that no portion of a lot remains smaller than the original lots, no Preliminary Plat will be necessary. 8.2.3 When the Final Plat is submitted to the Town for acceptance, it shall be accompanied by the fees set forth in Town Ordinance No. 02-33, as it exists or may be amended, establishing a comprehensive fee schedule, and the following: 8.2.3.1 A construction fee equal to 3.0% of the cost of the construction (as determined by the Town Engineer) including water, sewer, paving and drainage facilities shall be paid to the Town prior to the construction of any facilities. 8.2.3.2 Proof that all outstanding review fees have been paid. 8.2.3.3 All materials listed in the Town's Annexation, Zoning, and Development Manual, including but not limited to copies of recorded plans, maintenance bond, affidavit of construction costs, and escrows for required improvements. SECTION 4: Amendment to Prosper's Subdivision Ordinance No. 03-05. Section 9 (Guarantee of Performance) of Prosper's Subdivision Ordinance No. 03-05 is hereby amended to modify subsection 9.1 through 9.4, which reads as follows: 9.1 Construction Prior to Final Plat Acceptance If under Section 8 of this Ordinance the Subdivider chooses to construct the required improvements prior to recordation of the Final Plat, all such construction shall be inspected while in progress by the appropriate Town department(s), and must be approved upon completion by the Town. 9.2 Construction After Final Plat Acceptance If pursuant to this Ordinance the Subdivider chooses to file security and maintenance bond in lieu of completing construction prior to Final Plat approval, he may utilize either of the following methods of posting security. If the Subdivider chooses to file security, the plat shall not be approved unless the Subdivider has done one of the following: Page 2 9.2.1 Has filed with the Town a bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the Town, in an amount equal to the cost of the improvements required by this Ordinance as estimated by the Town Engineer, conditioned that the Subdivider will complete such improvement within two years after approval of such plat, such bond to be approved as to form and legality by the Town Attorney; or 9.2.2 Has placed on deposit in a bank or trust company selected by the Subdivider and approved by the Commission, in a trust account a sum of money equal to the estimated cost of all site improvements required by this Ordinance. The estimated cost of such improvement shall be the cost as estimated by the Town Engineer. Selection of the trustee shall be subject to approval by the Commission, and the trust agreement shall be approved as to form and legality by the Town Attorney. 9.3 Maintenance Bond Each request for final acceptance shall be accompanied by a bond executed by a surety company holding a license to do business in the State of Texas, and acceptable to the Commission, in an amount equal to ten percent (10%) of the cost of the public improvements required as approved by the Town, conditioned that the Subdivider will maintain such improvements in good condition for a period of two (2) years after final acceptance of the completed construction by the Town, as provided in Section 9.4 of this Section. Such bond shall be approved as to form and legality by the Town Attorney. 9.4 Construction Acceptance The appropriate Town department(s) shall observe the construction of the improvements while in progress, shall inspect such improvements upon completion of construction. After final inspection, the Town shall notify the Subdivider in writing as to his acceptance or rejection of the construction. The Town shall reject such construction only if it fails to comply with the standards and specifications contained herein or otherwise existing. If the Town rejects such construction, the Town Attorney shall, on direction of the Town, proceed to enforce the guarantees provided in this Ordinance. If the Town accepts the construction, the final acceptance certificate stating that the requirement standards for the Town of Prosper have been met and that the public improvements and dedications have been approved, shall be given to the Subdivider_ SECTION 5: Savings/Repealing Clause: Prosper's Subdivision Ordinance No. 03-05 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 Page 3 the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 6: 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 7: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Subdivision Ordinance No. 03-05, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). 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 8: Effective Date: This Ordinance shall become effective from and after its adoption 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 March, 2007. APPR VE RM: 1,�r 01itC° tipB iswange ayor co ATTESTED TO AND ®®®® O F p ©®®® a 00 ea, r � ° ��%�-. � atthew Denton, TRMC 8 0 Town Secretary ® o ! ®®® ©ck, °®© AS c DATE OF PUBLICATION: 0�' -qc2- c , Dallas Morning News - Collin County Addition Page 4 AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal 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—Collin County Edition TOWN OF PROSPER, AS ORDINANCE-NO. 077021 AN ORDINANCE .OIF' March 22, 2007 •PER,TEXAS AMENDi ING SECTION 4p (S,P-ECIAL PROIVI. SIGNS), SECTION 8 (SF•INAL'NPLAT), AND, (GUARANTEE OF.PER9 NA CE NOE) OF05; RO-I SUBDIVISIO'N.,O'RIDI VIDING.NO. PENAL-, TY FOR THE VIOLA- TION OFEL THIS ORDI- (Lynda Black) FOR REPPROVIDINGAI INGS AND SEVERABILI-, TY CLAUSES; PROVID.- ING FOR AN EFFEC- TIVE DATE OF THIS ORDINANCE;AND PRO- LIOTHCCATIN OF E PUB- LICATION HEREOF. . • Sworn to and subscribed before me this March 27, 2007, A.D • `a``Oa1cIRi6>; _f RCN fi r� (Lisa Batt field) P p'(PRY•us '•ce • .//1/911111i®o��