05-83 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 05-83
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING PROSPER'S ZONING
ORDINANCE NO. 05-20 AND SECTION D OF EXHIBIT C (PLANNED DEVELOPMENT
STANDARDS) OF ORDINANCE NO. 05-51; 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 Prosper's Zoning Ordinance No. 05-20 and Section D of Exhibit C (Planned Development
Standards)of Town of Prosper, Texas("Prosper")Ordinance No. 05-51 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 Ordinance No. 05-51 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 Zoning Ordinance No. 05-20 and Ordinance No. 05-51. Zoning Ordinance No.
05-20 and Ordinance No. 05-51 are hereby amended as follows: Section D of Exhibit C (Planned Development
Standards)of Prosper Ordinance No. 05-51 is hereby amended to read as follows:
Exhibit C: Planned Development Standards
D. The developer shall construct a recreational area of not less than 40,000 square feet. The recreational area
shall be developed in conjunction with Phase 1 of the development, and shall include a clubhouse, pool, and
other amenities.
SECTION 4: Savings/Repealing Clause: Zoning Ordinance 05-20 and Ordinance No. 05-51 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conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation
of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if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 5: 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.
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SECTION 6: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or
any provision of Prosper's Zoning Ordinance No. 05-20, 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 7: 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 29th day of November, 2005.
APPROVED AS TO F RM:
Char es Ni wanger, r
ATTESTED TO AND
COf TLY RECO ED BY:
S anae Jennings, wn Secreta
DATE OF PUBLICATION. ! ' �S ` - te2.. $-lO c , Dallas Morning News—Collin County Addition
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