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04-073 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 04-73 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS CHANGING THE NAME OF FARM TO MARKET ROAD 2478 (F.M. 2478) TO A DUAL DESIGNATION OF FARM TO MARKET ROAD 2478/CUSTER ROAD; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town of Prosper, Texas ("Prosper") has initiated a request to rename Farm to Market Road 2478 (F.M. 2478) to a dual designation of F.M. 2478/Custer Road, located in Prosper, Collin County, Texas; and WHEREAS, F.M. 2478 is also located in the City of McKinney, Texas ("McKinney"), being a common boundary between the two municipalities, and WHEREAS, McKinney currently utilizes the dual designation of F.M. 2478/Custer Road, and WHEREAS, the Town Council of Prosper has investigated into and determined that it will be advantageous and beneficial to Prosper and its inhabitants to rename F.M. 2478 to a dual designation of F.M. 2478/Custer Road, 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: Renaming F.M. 2478. F.M. 2478 is hereby renamed to a dual designation of F.M. 2478/Custer Road. All ordinances of Prosper referring to F.M. 2478 are amended to replace F.M. 2478 with a dual designation of F.M. 2478/Custer Road; otherwise, all said ordinances shall remain in full force and effect. SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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 ordinances shall remain in full force and effect. SECTION 4: Severability. Should and 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, clauses or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall be effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this 27th day of July, 2004. APPROVED RM: Char es (a-riaYor ATTESTED TO AND CORR CTLY RECORDED BY: S anae Jennings wn Secreta