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TOWN OF PROSPER, TEXAS ORDINANCE NO. 16-32
AN ORDINANCE PROVIDING FOR THE ANNEXATION OF A TRACT
OFLAND SITUATED IN THE WILLIAM BUTLER SURVEY, ABSTRACT
NO.112, COLLIN COUNTY, TEXAS, CONTAINING APPROXIMATELY 52.192
ACRES OF LAND, AND BEING MORE GENERALLY LOCATED ON THE
WEST SIDE OF COIT ROAD, 2,700±FEET NORTH OF FIRST STREET, MORE
ORLESS, IN COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS
AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL
BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF
PROSPER AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN
EFFECT AND HEREAFTER ADOPTED; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), pursuant
to the authority contained in Chapter 43 of the Texas Local Government Code, has investigated
and determined that it would be advantageous and beneficial to Prosper and its inhabitants to
annex the hereinafter described property ("Property") into the Town of Prosper ("Town"); and
WHEREAS, the Town Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with, pursuant to Chapter 43, Texas Local
Government Code; and
WHEREAS, the Town Council finds that the Property that is the subject of this
Ordinance is within the extraterritorial jurisdiction of the Town and is adjacent and contiguous to
the existing town limits of the Town; and
WHEREAS, the Town Council finds that the field notes close the boundaries of the
Property being annexed; and
WHEREAS, the Town Council has conducted at least two public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan; and
WHEREAS, the Town Council finds the public hearings were conducted and held in
accordance with Chapter 43 of the Texas Local Government; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was
prepared in compliance with law and was available for review and inspection by citizens; and
WHEREAS, the Town Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully
set forth herein.
SECTION 2
The Property described in the attached Exhibit A and all public streets, roadways and
alleyways located within or contiguous to the same is hereby annexed into the Town.
SECTION 3
The Service Plan for the Property is attached hereto as Exhibit B and made a part hereof
for all purposes.
SECTION 4
From and after the passage of this Ordinance, the Property shall be a part of the Town,
and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of
Town and shall be bound by all of the ordinances and regulations enacted pursuant to and in
conformity with the laws of the State of Texas.
SECTION 5
That the official map and boundaries of the Town are hereby amended to include the
property as part of the Town and that a certified copy of this Ordinance shall be filed in the
County Clerk's Office of Collin County, Texas.
SECTION 6
It shall be unlawful for any person, firm or corporation to make use of the Property in
some manner other than as authorized by this Ordinance and Zoning Ordinance No. 05-20, and
any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct
on the Property any building that is not in conformity with the permissible use under this
Ordinance and Zoning Ordinance No. 05-20, and any amendments thereto.
SECTION 7
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 8
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,
Ordinance No.16-32,Page 2
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 9
This Ordinance shall become effective immediately upon its passage.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWIO PROSPER, TEXAS, ON THIS 10TH DAY OF MAY, 2016.
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Ray Smith, M yor
Robyn B tle, Town Secre ry
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.16-32,Page 3
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SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. 16-32
DATE OF ANNEXATION ORDINANCE: May 10, 2016
Municipal Services to the area of land depicted in Exhibit A shall be furnished by
or on behalf of the Town of Prosper, Texas ("Town") at the following levels and in
accordance with the following schedule:
A. POLICE PROTECTION:
Police personnel and equipment from the Prosper Police Department shall be
provided to the area annexed, at a level consistent with current methods and
procedures presently provided to similar areas of the Town, on the effective date
of this Ordinance.
B. FIRE PROTECTION / EMERGENCY MEDICAL SERVICES:
Fire protection and Emergency Medical Services (EMS) from the Town shall be
provided to the area annexed, at a level consistent with current methods and
procedures presently provided to similar areas of the Town, on the effective date
of this Ordinance.
C. FIRE PREVENTION / INVESTIGATION:
The services of the Town of Prosper Fire Department shall be provided to the
area on the effective date of this Ordinance. The non-emergency services of fire
prevention and fire investigation will be added to the list of services provided by
the Prosper Fire Department.
D. SOLID WASTE COLLECTION:
Solid waste collection shall be provided to the area annexed upon request on the
effective date of this Ordinance up to the second anniversary of the annexation.
After that time, residents will be required to use the Town's solid waste collection
company. The collection of refuse from individual properties shall be made in
accordance with the Town's usual solid waste collection scheduling.
E. WATER SERVICE:
1. This area is currently serviced by the Town's water distribution system.
Future expansion and extensions of the Town's Water Distribution System will
provide better flow rates and line pressures, and is in accordance with
applicable Town codes and policies.
2. Maintenance of private lines will be the responsibility of the owner or
occupant.
Ordinance No.16-32,Page 5
F. SANITARY SEWER SERVICE:
1. The annexed area will be provided sanitary sewer service in accordance with
applicable codes and departmental policy. When development occurs in
adjacent areas, sanitary sewer service shall be provided in accordance with
applicable Town codes and policies, including extensions of service.
2. Operation and maintenance of private wastewater facilities in the annexed
area will be the responsibility of the owner.
G. ROADS AND STREETS / STREET LIGHTING:
1. Operation and maintenance of private streets in the annexed area will be the
responsibility of the owner.
2. Operation and maintenance of public streets in the annexed area will be
provided by the Town on the effective date of this Ordinance.
3. The Town will coordinate any request for improved street lighting with the
local electric provider in accordance with Town policy.
H. PARKS AND RECREATION:
Residents within the area annexed may utilize all existing Town park and
recreation facilities, on the effective date of this Ordinance. Fees for such usage
shall be in accordance with current fees established by Town ordinance.
I. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES:
1. Enforcement of current environmental health ordinances and regulations,
including, but not limited to, weed and brush ordinances, junked and
abandoned vehicles ordinances and animal control ordinances, shall begin
within this area on the effective date of the annexation.
2. Inspection services, including, but not limited to, the review of building plans,
the issuance of permits and the inspection of all buildings, plumbing,
mechanical, and electrical work to ensure compliance with Town codes and
ordinances will be provided on the effective date of the annexation.
J. MISCELLANEOUS:
Any publicly owned facility, building, or service located within the annexed area
shall be maintained by the Town on the effective date of the annexation
ordinance. All other applicable municipal services shall be provided to the
annexation area in accordance with the Town's established policies governing
extension of municipal services to newly annexed areas.
Ordinance No.16-32,Page 6