02-56 - R 5300 0025140
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2 2- 9171 a32
TOWN OF PROSPER, TEXAS RESOLUTION NO. 02-56
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, APPROVING THE LAND USE ASSUMPTIONS FOR IMPACT FEES
FOR THE TOWN OF PROSPER, TEXAS, FOR THE YEARS 2002-2012, AS
PREVIOUSLY RECOMMENDED BY THE ADVISORY COMMITTEE WITH
AMENDMENTS, IF ANY, ON OR ABOUT SEPTEMBER 25, 2002.
WHEREAS, on or about September 25, 2002,the Advisory Committee, after proper
notice, recommended approval of the Land Use Assumptions for Impact Fees for the Town of
Prosper, Texas, for the years 2002-2012 with certain amendments thereto, if any(the"Land Use
Assumptions"); and
WHEREAS, on or about October 8, 2002, the Town Council of the Town of Prosper,
Texas ("Town Council"), adopted Ordinance No. 02-41 establishing a public hearing date to
consider the Land Use Assumptions for the designated service area; and
WHEREAS, the Town Council finds that it would be advantageous and beneficial to the
citizens of the Town of Prosper, Texas(the"Town") for the Town Council to adopt the Land Use
Assumptions as hereinafter described which is being done within thirty(30)days after the date of
the public hearing on the Land Use Assumptions; and
WHEREAS, on or before the date of the first publication of the notice of public hearing
on the Land Use Assumptions,the Town Council made available to the public the Land Use
Assumptions,the time period of the projection and a description of the general nature of the
capital improvement facilities which may be proposed; and
WHEREAS,before the thirtieth(30th) day before the date of the hearing on the Land Use
Assumptions, the Town sent notice of the hearing by certified mail to persons who have given
written notice by certified or registered mail to the Town Secretary, or other designated official of
RESOLUTION APPROVING LAND USE ASSUMPTIONS(2002-2012)—Page 1
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the Town, requesting notice of the hearing, if any,within two (2) years preceding the date of the
adoption of Ordinance No. 02-41 setting the public hearing date; and
WHEREAS, the Town Council published notice of the hearing on the Land Use
Assumptions before the thirtieth(30th)day before the date set for the hearing in one(1) or more
newspapers of general circulation; and
WHEREAS, the notice of public hearing contained a head line which read as follows:
"NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS
AND CAPITAL IMPROVMENTS PLAN RELATING TO POSSIBLE
ADOPTION OF IMPACT FEES"; and
WHEREAS, the notice of public hearing contained the time, date and location of the
hearing; and
WHEREAS, the notice of public hearing contained a statement that the purpose of the
hearing is to consider the Land Use Assumptions under which an impact fee may be imposed;
and
WHEREAS, the notice of public hearing contained a statement that any member of the
public has the right to appear at the hearing and present evidence for or against the Land Use
Assumptions; and
WHEREAS,the Town Council finds that the notice of public hearing on the Land Use
Assumptions relating to possible adoption of the impact fees has been complied with in all
things; and
WHEREAS, the Town Council finds this Resolution has not been adopted as an
emergency measure; and
WHEREAS,the Town Council finds this Resolution is being adopted after a public
hearing on the Land Use Assumptions; and
RESOLUTION APPROVING LAND USE ASSUMPTIONS(2002-2012)—Page 2
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WHEREAS, the Town Council finds all notice and legal requirements necessary to adopt
the Land Use Assumptions have been properly followed.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findings Incorporated/Compliance with the Law. The findings set forth
above are incorporated into the body of this Resolution as if fully set forth herein. This
Resolution is adopted pursuant to the provisions of Chapter 395, Local Government Code, and
Article 11, Section 5, of the Texas Constitution.
SECTION 2: Adoption of Land Use Assumptions. The Town Council hereby adopts the
Land Use Assumptions, a copy of which is attached hereto and incorporated herein for all
purposes as Exhibit"A".
SECTION 3: Effective Date. This Resolution shall become effective immediately upon
its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 12th day of November, 2002.
JA ES DUNMIRE, Mayor
ATTESTED AND CORRECTLY
RECORDED:
6% BL P. 1PS,
'� Town Secreta
t
4
Date of Publication: November 15, 2002
Pr. .,' . • - McKinney Courier Gazette
RESOLJJ 1O14 APPROVING LAND USE ASSUMPTIONS(2002-2012)—Page 3
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ANY PROVISION HEREIN WHICH RESTRICTS THE SALE,RENTAL,OR USE OF THE
DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND
UNENFORCEABLE UNDER FEDERAL LAW (COUNTYOFCOLLIN)
(THESTATE OF TEXAS)
,, I hereby certify that this instrument was FILED in the File Number Sequence on the date
+ ., t' �, and the time stainped hereon by me;and was duly RECORDED,in the Official Pu1Iic
Records of Real Property of Collin County,Texas on
NOV 1 9 2002
?0 Coo(4ryca
Sqp _ () _Gs
Filed fcx r cor Tl:
I:ollin louRiny, c i nney TX
Honorable Helen Starnes
Collin County Clerk
On Nov 19 2002
At 11:53am
Doc/Num : 2002- 0171032
Recording/Type:RL 15.00
Receipt #: 41275
' PUBLISIMIzt i S AF'F'=DAVIT
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, this undersigned authority, on this day personally appeared Jim Moser who being by me duly sworn, deposes
and says that he is the Publisher of The McKinney Courier-Gazette and that said newspaper meets the requirements of
Section 201.004, 201.005 and 201.006 of the Texas Government Code, to wit:
Printer's Fee $ lo l
•
0441/14- 41:"Ji°. 0 -7 - 5 fa Descri tian4ilep-z_..)
I
1. It devotes not ess than wenty-five percent (25%) of its total column lineage to general interest
items;
2. it is published at least once each reek;
3. it is entered as second-class postal matter in the county where it is published;
4. it has been published regularly and continuously since 1897; and
5. it is generally circulated within Collin County.
Publisher further deposes and says that the attached notice was published in said newspaper on the following date(s)
to wit;
iZ, , c Uti —/-vim ' . -t.., / j
i - , , 2002 AD
Ei • and Publisher
SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who
i . is personally known to me, or
b) provided the following evidence to establish his/her identity,
on this the cf day of 7/t L�f A.D. 2002 to certify which id 'ss my hand and seal of
office.
C:-.--- ,( .2./j,._ :;::— c___c_.,7 2d4.-1 J' -
Notary Public, tate of Texas
(SEAL)
COMMISSION EXPIRES
r w�LAVERNE GRAVES
e.. , Notary Public,State of Texas
My Commission Expires
't 05-12.2005
TOWN OF PROSPER -:XAS RED'"" UTION NO. 02-56
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, APPROVING THE LAND USE ASSUMPTIONS
FOR IMPACT FEES FOR THE TOWN OF PROSPER, TEXAS, FOR
THE YEARS 2002-2012, AS PREVIOUSLY RECOMMENDED BY
THE ADVISORY COMMITTEE WITH AMENDMENTS, IF ANY, ON
OR ABOUT SEPTEMBER 25, 2002.
To be published in the
McKinney Courier-Gazette on
Friday,November 15,2002.
TOWN OF
PROSPER,TEXAS
RESOLUTION NO.02-56
AN RESOLUTION OF THE
TOWN COUNCIL OF THE
TOWN OF PROSPER,
TEXAS, APPROVING THE
LAND USE ASSUMPTIONS
FOR IMPACT FEES FOR THE
TOWN OF PROSPER,
TEXAS, FOR THE YEARS
2002-2012, AS PREVIOUSLY
RECOMMENDED BY THE
ADVISORY COMMITTEE
WITH AMENDMENTS, IF
ANY, ON OR ABOUT
SEPTEMBER,25,2002.