Loading...
06-034 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-34 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 Prospers 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 Prospers Subdivision Ordinance No. 03-05 is hereby amended to add subsection 10.1.6, which reads follows: 10.1.6 Conformance with Engineering Design Standards Ordinance. All street, water utility, and sanitary sewer utility construction shall be subject to and comply with the regulations contained within Engineering Design Standards Ordinance No. 06-27, as it exists or may be amended. In the event that the regulations contained within Ordinance No. 06-27 conflict with the regulations contained within this Ordinance, the regulations of Ordinance No. 06-27 shall prevail. SECTION 3: Savinqs/Repealinq 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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 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 Page 1 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: 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 6: 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 11th day of April, 2006. APPROVED AS TO FORM: hares Ni wanger, ATTESTED TO AND C ECTLY RECORDED BY: Shanae Jennings, T n Secretary DATE OF PUBLICATION: 111-101.0 ct /f3 ( , 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—Metro Collin County Edition on: PROSPER OF April 17, 2006 ORDINANCE NO.06-34 AN ORDINANCE OF April 18, 2006 THE TOWN OF PROS- PER, TEXAS, AMEND- ING SECTION 10 (GENERAL REQUIRE- MENTS AND DESIGN STANDARDS) OF THE SUBDIVISION ORDI - TYNFO 03-05; PRO- VIDING FOR A PENAL- Vaef TY FOR THEVIOLA- TION OF THIS ORDI- NANCE• PROVIDING FOR REPEALING, SAV- INGS AND SEVERABILI- INGCFORSAN PROVID- ING (Lynda Black) TIVE DATE OF THIS SIDING FOB THE PUB- LICATION QI=THE CAP- TION HERE Sworn to and subscribed before me this April 18, 2006, A.D `��•``%� • .B E . (Z4'�''r (Lisa Ba ield) �•.o��v PU ,. Os 6.1A7EOF-• • aP! 1 ���'/.,;UNE 1,`,��`.