2022-16 - O - Amend Project Plan TIRZ No. 1 Adding 2 TIRZ Eligible Public Roadways to Thoroughfare Plan 04.12.22TOWN OF PROSPER, TEXAS
ORDINANCE NO. 2022-16
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, AMENDING THE PROJECT PLAN FOR TAX
INCREMENT REINVESTMENT ZONE NUMBER ONE, TOWN OF
PROSPER, BY ADDING TWO (2) ROADWAYS TO SAID PROJECT
PLAN, AS MORE FULLY DEFINED HEREIN; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council'), previously
designated certain area within the Town of Prosper ("Town") as Tax Increment Reinvestment
Zone Number One ("TIRZ #1"); and
WHEREAS, the Town ordinance which created TIRZ #1 provided a Project Plan for certain
public improvement projects in the tax increment reinvestment area, including roadways that are
eligible for cost reimbursements from TIRZ #1 proceeds; and
WHEREAS, the First Amended and Restated Development and Financing Agreement
between various parties, including the Town, Blue Star Allen Land LP and Blue Star Land LP,
among others, for TIRZ #1 incorporated an exhibit that depicted roadways that are eligible for
cost reimbursements from TIRZ #1 proceeds; and
WHEREAS, Road Section H on the Thoroughfare Plan for TIRZ #1 previously was
depicted as a roadway segment to be constructed by the developer and was not subject to cost
reimbursements from TIRZ #1 proceeds; and
WHEREAS, it is the intent of the Town Council to designate the construction of Road
Section H as a project eligible for cost reimbursements from TIRZ #1 proceeds; and
WHEREAS, it is the further intent of the Town Council to designate a new Road Section,
Road Section BB, as a project eligible for cost reimbursements from TIRZ #1 proceeds; and
WHEREAS, Road Sections H and BB are depicted on the Thoroughfare Plan, attached
hereto as Exhibit A and incorporated by reference; and
WHEREAS, Section 311.011(e) of the Texas Tax Code provides, part, the authority for
the Board of Directors for a Tax Increment Reinvestment Zone to approve amendments to project
plans; and
WHEREAS, on or about April 12, 2022, the Board of Directors for TIRZ #1 approved an
amendment to the Project Plan for said TIRZ #1 by adding Road Sections BB and H to the
Thoroughfare Plan, as roadway projects that are eligible for cost reimbursements from TIRZ #1
proceeds; and
WHEREAS, the Town Council now desires to approve such amendment to the Project
Plan for TIRZ #1.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Ordinance No. 2022-16, Page 1
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
The Town Council of the Town of Prosper, Texas, does hereby approve an amendment
to the Thoroughfare Plan of the Project Plan for Tax Increment Reinvestment Zone Number One,
Town of Prosper, Texas, a copy of which Thoroughfare Plan amendment is attached hereto as
Exhibit A and incorporated herein for all purposes. Notwithstanding the addition of two (2)
roadways (Road Sections BB and H) to the Thoroughfare Plan, as referenced in the Preamble to
this Ordinance, there shall be no increase in the amount of reimbursement payments relative to
the Thoroughfare Plan for TIRZ #1.
SECTION 3
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 portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town 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.
SECTION 5
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 12TH DAY OF APRIL, 2022.
APPROVED:
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Ray Smith, Imayor
Ordinance No. 2022-16, Page 2
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 2022-16, Page 3
Exhibit A
(Amended Thoroughfare Plan for TIRZ #1)
Ordinance No. 2022-16, Page 4
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REVISED
THOROUGHFARE PLAN
GATES OF PROSPER
PROSPER, TX
MARCH 25, 2022
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Kimley)))Horn
260 East Days Street
Suite 100
McKinney, Texas 75069
469-301-2580
State of Texas Registration No. F-928
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