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07-032 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.07-032 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 10 (GENERAL REQUIREMENTS AND DESIGN STANDARDS) 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 10 (General Requirements and Design Standards) 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 10 (General Requirements and Design Standards) of Prosper's Subdivision Ordinance No. 03-05 is hereby amended to modify subsection 10.2.10,which reads as follows: 10.2.10 Cul-De-Sacs In general, cul-de-sacs shall not exceed 600 feet in length, and shall have a turnaround of not less than 80 feet in diameter and 100 feet ROW in residential areas, and a turnaround of not less than 100 feet in diameter and 120 feet ROW in commercial and industrial areas. SECTION 3: Amendment to Prosper's Subdivision Ordinance No. 03-05. Section 10 (General Requirements and Design Standards) of Prosper's Subdivision Ordinance No. 03-05 is hereby amended to modify subsection 10.2.24.3f,which reads as follows: 10.2.24.3f Light locations shall typically be at intersections and at mid-block if the block length is greater than six hundred (600) feet. Cul-de-sacs, three hundred (600) feet, measured from centerline of street to center point of cul-de-sac, shall have a light installed at the street intersection and at the beginning of the bulb. Other locations may be required as deemed necessary by the Town Engineer. Lights shall not be closer than one hundred fifty (150) feet. Page 1 SECTION 4: Amendment to Prosper's Subdivision Ordinance No. 03-05. Section 10 (General Requirements and Design Standards) of Prosper's Subdivision Ordinance No. 03-05 is hereby amended to modify subsection 10.5.8,which reads as follows: 10.5.8 Shall be constructed of 3000 psi concrete having a minimum width of five feet (5') along residential streets and collector streets and six feet(6') along thoroughfares and a minimum thickness of four inches(4"),with number 3 bars at 18 inch centers,both ways. 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 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 10th day of April,2007. ��� g1fl114p81�� ��px F�Re0�� PROVED AS TO F RM. to 0 ATTESTED TO AND .; o `V, %Chas Niswanger,Mayor 4 . 7®atthew D. Denton,Town Secretary ®�® t DATE OF PUBLICATION: ,4 /eiL l 7;4'61'10D , Dallas Morning News — Collin County Addition Page 2 • 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, • ORDINANCEA NO. 07-032 IAN ORDIN'AiNCE•OF April 19, 2007 THE TOWN-GFPROS- P.ER, TEXAS;'AM'END-I.I NG SEC'TTIVO'N 10 (GENERALREQUIRE- MENTS.ANSI DESIGN STANDARDSP.OF THE !SUBDIVISION ORD - f NANCE NO. 3.05; PRO- VIDING FOH0EIL} FOR THE PENAL- ' O.F THIS ORDI- HANCE; PROVIDING FOR REPEALING, SAV- INGS AND SEVERABILI- (Lynda ) I'INGCFARS AN EFO EC- L da Black TIVE DATE'OF THIS ORDINANCE; AND PRO- ' VIDING FOR THE PUB- LICATION OF THE;CAP- I TION HEREOF.. Sworn to and subscribed before me this April 19, 2007,A.D "t\l�ttltw/,°14 • 1 , v� p (Lis atte eld) 473 1,1 • 4. i -..EXPIRES. A `' Eeii2e``..