17-68 O - Amending the Code of Ordinances and Appendix A (Fee Schedule) TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-68
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
l..- TEXAS, AMENDING VARIOUS TOWN FEES; AMENDING SECTION 3.03.002,
"FEE," OF ARTICLE 3.03, "CERTIFICATE OF OCCUPANCY," OF CHAPTER
3, "BUILDING REGULATIONS," OF THE TOWN'S CODE OF ORDINANCES;
REPEALING EXISTING SECTIONS 6.04.003, "REVIEW OF PLANS," 6.04.004,
"FEES," AND 6.04.005, "SUSPENSION OF PERMIT," OF ARTICLE 6.04,
"FOOD ESTABLISHMENTS AND MOBILE FOOD UNITS," OF CHAPTER 6,
"HEALTH AND SANITATION," OF THE TOWN'S CODE OF ORDINANCES
AND REPLACING THEM WITH NEW SECTIONS 6.04.003, "REVIEW OF
PLANS," 6.04.004, "FEES," AND 6.04.005, "SUSPENSION OF PERMIT," OF
ARTICLE 6.04, "FOOD ESTABLISHMENTS AND MOBILE FOOD UNITS";
AMENDING APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S CODE OF
ORDINANCES BY REPEALING EXISTING SECTION IX, "WATER AND SEWER
RATES," AND REPLACING IT WITH A NEW SECTION IX, "WATER AND
SEWER RATES"; REPEALING EXISTING SUBSECTION (a) OF SECTION XII,
"MUNICIPAL DRAINAGE UTILITY SYSTEM FEE SCHEDULE," OF APPENDIX
A, "FEE SCHEDULE," TO THE TOWN'S CODE OF ORDINANCES AND
REPLACING IT WITH A NEW SUBSECTION (a); REPEALING EXISTING
SUBSECTIONS (b) THROUGH (g), INCLUSIVE, OF SECTION XIV, "PUBLIC
WORKS FEE SCHEDULE," OF APPENDIX A, "FEE SCHEDULE," TO THE
TOWN'S CODE OF ORDINANCES AND REPLACING IT WITH NEW
SUBSECTIONS (b) THROUGH (g), INCLUSIVE; AMENDING APPENDIX A,
"FEE SCHEDULE," TO THE TOWN'S CODE OF ORDINANCES BY ADDING
THERETO A NEW SECTION XX, "HEALTH AND SANITATION FEES";
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"), has
investigated and determined that the various fees imposed by the Town should be revised; and
WHEREAS, the Town Council has reviewed the current and proposed fees and
recommends the adoption of revised fees in the Code of Ordinances as well as in Appendix A to
the Code of Ordinances; and
WHEREAS, the Town Council hereby finds and determines that it will be advantageous,
beneficial and in the best interests of the citizens of the Town to revise certain existing fees
imposed by the Town and replace them with fees that reflect actual and reasonable costs, as
hereinafter referenced.
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
From and after the effective date of this Ordinance, Section 3.03.002, "Fee," of Article
3.03, `Certificate of Occupancy," of Chapter 3, "Building Regulations," of the Town's Code of
Ordinances is hereby amended to read as follows:
"Sec. 3.03.002 Fee
The fee is established in appendix A to this code, as it exists or may be amended."
SECTION 3
From and after the effective date of this Ordinance, existing Sections 6.04.003, "Review
of Plans," 6.04.004. "Fees," and 6.04.005, Suspension of Permit," of Article 6.04, "Food
Establishments and Mobile Food Units,"of Chapter 6, "Health and Sanitation,"of the Town's Code
of Ordinances are hereby repealed in their entirety and replaced with new Sections 6.04.003,
"Review of Plans," 6.04.004, "Fees," and 6.04.005, Suspension of Permit,"to read as follows.-
"Sec.
ollows:"Sec. 6.04.003 Review of plans
(a) Whenever a food establishment is constructed or extensively remodeled and whenever
an existing structure is converted to use as a food establishment, properly prepared plans and
specifications for such construction, remodeling or conversion shall be submitted to the regulatory
authority for review before work is begun. A plan review fee as established in appendix A to this
code, as it exists or may be amended must be paid at time of application. Extensive remodeling
means that twenty percent (20%) or greater of the area of the food establishment is to be
remodeled. The plans and specifications shall indicate the proposed layout, equipment
arrangement, mechanical, electrical and plumbing plans and construction materials of work areas,
and the type and model of proposed fixed equipment and facilities. The regulatory authority will
approve the plans and specifications if they meet the requirements of the rules adopted by this
article as amended. The approved plans and specifications must be followed in construction.
remodeling and/or conversion.
(b) Failure to follow the approved plans and specifications will result in a permit denial,
suspension or revocation of a permit.
(c) Additional plan review required by changes, additions, or revisions to approved plans, will
be assessed a plan review fee as established in appendix A to this code, as it exists or may be
amended
Sec. 6.04.004 Fees
The fees are established in appendix A to this code, as it exists or may be amended.
Sec. 6.04.005 Suspension of Permit
(a) The regulatory authority may, without warning, notice or hearing suspend any permit to
operate a food establishment if the operation of the food establishment constitutes an imminent
hazard to public health. Suspension is effective upon service of notice. A food establishment
inspection report may serve as notice. When a permit is suspended, food operations shall
Ordinance No. 17-68.Page 2
immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded
an opportunity for a hearing within ten (10) days of suspension.
(b) Whenever a permit is suspended, the holder of the permit, or the person in charge, shall
be notified in writing that the permit is, upon service of the notice, immediately suspended and
that an opportunity for a hearing will be provided if a written request for a hearing is filed with the
regulatory authority by the holder of the permit within ten (10) days. If no written request for
hearing is filed within ten (10) days, the suspension is sustained until compliance with this article
is met. A reinspection will be made by the regulatory authority to ensure compliance. The request
for a reinspection must be made to the regulatory authority and a reinspection fee of fee as
established in appendix A to this code, as it exists or may be amended shall be paid to the town
before the inspection is performed. The regulatory authority may end the suspension at any time
if reasons for suspension no longer exist."
SECTION 4
From and after the effective date of this Ordinance, existing Section IX, 'Water and Sewer
Rates," of Appendix A, "Fee Schedule,"to the Town's Code of Ordinances is hereby repealed in
its entirety and replaced with a new Section IX, to read as follows:
"Sec. IX. Water and Sewer Rates
Please referto chapter 13 utilities, article 13.07 utility bills, for additional information on the town's
utility billing policies.
(1) Late fees.
(A) All utility bill payments are due by the 10th day from the date of the bill
except when the tenth day falls on Saturday, Sunday or legal holiday under which
condition they are due by 5:00 p.m. central time on the next working day.
(B) All payments made after the tenth (10th) day will bear a late fee. as set
forth as follows. of the unpaid balance of the billed amount.
(2) Water and/or sewer connections. The town may extend water and sanitary sewer
mains in the streets, alleys and utility easements in the town in order to permit
connections for those persons desiring water and sewer service. The individual,
corporation or partnership requesting the service shall pay the town an amount equal
to the cost of all materials, labor, equipment and other costs to provide the requested
extension. At any time additional connections are made to the water and/or sewer
mains, the town may collect from the individual connecting to the main(s) an amount
equal to the proportional amount of footage of the connector's land abutting the sewer
and/or water and repay the same to the original requestor(s) of service or designated
recipients.
(3) Residential service rates.
(A) Residential water service rates:
Ordinance No.17-68,Page 3
Meter Size Minimum Service Minimum Service Minimum Service
Charge (Effective Charge (Effective Charge (Effective
October 1, 2017) October 1, 2018) October 1, 2019)
3/4"or smaller I $11.90 $12.75 $13.90
1" I $19.85 ( $21.25 I $23.20
1-1/2" ( $39.70 I $42.50 I $46.35
2" I $63.50 I $67.95 $74.10
3" I $119.00 I $127.35 $138.85
4" $198.35 $212.25 ( $231.40
6" I $396.55 $424.35 ( $462.55
Volumetric Charge Rate per 1,000 Rate per 1,000 Rate per 1,000
Gallons (Effective Gallons (Effective Gallons (Effective
October 1, 2017) October 1, 2018) October 1, 2019)
0-10,000 gallons I $4.00 I $4.28 I $4.67
10,001-40,000 IIII $5.99 IIII $6.41 $6.99
gallons
40,001-80,000 $9.00 $9.63 $10.50
gallons
80,001+ I $13.49 I $14.44 $15.74
(B) Residential wastewater service rates:
(i) All residential accounts, effective October 1, 2017, minimum service
charge: $25.35; effective October 1, 2018, minimum service charge:
$28.40; and effective October 1, 2019, minimum service charge: $31.85.
(ii) Volumetric charge: effective October 1, 2017, $4.15 per 1,000
gallons; effective October 1, 2018, $4.90 per 1,000 gallons; and effective
October 1, 2019, $5.78 per 1,000 gallons.
�.. Ordinance No. 17-68,Page 4
(iii) Wastewater volumetric charges on residential accounts are billed on
the winter average consumption during the months of December, January
and February.
(C) Additional residential service charges:
(i) Service initiation: $65.00.
(ii) Transfer fees: $20.00.
(iii) Meter accuracy rereads: $15.00.
(iv) Late fees: $10% of billed amount.
(v) Tum offs/reconnects:
a. During normal office hours: $50.00.
b. After normal office hours: $75.00.
(D) Multifamily dwellings, townhomes and other multitenant accounts served
by one master meter will be billed a minimum water charge per unit equal to the
3/4" residential base rate and the minimum service charge for wastewater. The
residential volumetric charges will apply as normally scheduled on all master
meter consumption for both water and wastewater services, except that winter
averaging will not be applied to multifamily dwellings served by one master
meter.
(E) Out of town rates are the same as in town rates for water and wastewater.
(F) Senior citizen water credit and storm drainage credit: Refer to chapter 13
utilities, section 13.07.008, senior affordability discount and penalty exemption.
(4) Commercial and temporary hvdrant meter service rates..
(A) Commercial water service rates.
Meter Size Minimum Service Minimum Service Minimum Service
Charge (Effective Charge (Effective Charge (Effective
October 1, 2017) October 1, 2018) October 1, 2019)
3/4" or smaller � $9.15 I $9.80 ( $10.70
1" I $15.25 $16.30 $17.75
1-1/2" ( $30.45 $32.60 $35.55
2" I $48.70 $52.10 I $56.80
3" $91.30 I $97.70 I $106.50
t
i Ordinance No. 17-68,Page 5
r 4" I $152.15 I $162.80 I $177.45
6" $304.35 $325.65 $354.95
Volumetric Charge Rate per 1,000 Rate per 1,000 Rate per 1,000
Gallons (Effective Gallons (Effective Gallons (Effective
October 1, 2017) October 1, 2018) October 1, 2019)
0-10,000 gallons $4.31 $4.61 $5.03
10,001-40,000 $5.39 $5.77 $6.29
gallons
40.001-80,000 $6.73 $7.20 $7.85
gallons
80,001+ $8.42 $9.01 $9.82
(B) Commercial wastewater service rates:
(i) All commercial accounts: effective October 1, 2017, minimum service
charge: $29.10; effective October 1, 2018, minimum service charge:
$32.60; and effective October 1, 2019, minimum service charge: $36.55.
(ii) Volumetric charge: effective October 1, 2017, $5.02 per 1,000
gallons: effective October 1, 2018. $5.92 per 1,000 gallons; and effective
October 1, 2019, $6.98 per 1,000 gallons.
(C) Additional commercial service charges:
(i) Service initiation: $75.00.
(ii) Transfer fees: $20.00.
(iii) Meter accuracy rereads: $15.00.
(iv) Late fees: $10% of billed amount.
(v) Turn offs/reconnects:
a. During normal office hours: $50.00.
b. After normal office hours: $75.00.
(D) Out of town rates are the same as in town rates for water and wastewater.
(5) Irrigation service rates.
(A) Irrigation water service rates:
Ordinance No. 17-68,Page 6
Meter Size Minimum Service Minimum Service Minimum Service
Charge (Effective Charge (Effective Charge (Effective
October 1, 2017) October 1, 2018) October 1, 2019)
3/4" or smaller I $4.35 ( $4.70 $5.15
1" I $7.20 I $7.75 1 $8.45
1 I 1
1-1/2" ( $14.40 I $15.45 $16.85
2" I $23.00 $24.65 $26.90
3" I $43.15 $46.20 $50.40
4" I $71.90 $76.95 I $83.90
6'` $143.80 I $153.90 I $167.80
Volumetric Charge Rate per 1,000 Gallons Rate per 1,000 Rate per 1,000
(Effective October 1, Gallons (Effective Gallons (Effective
2017) I October 1, 2018) October 1, 2019)
0-10,000 gallons I $6.03 I $6.46 $7.04
I I I
10,001-40,000 $6.93 $7.42 $8.09
gallons
40,001-80,000 $7.97 $8.53 $9.30
gallons
80,001+ $9.17 I $9.81 $10.69
(B) Irrigation wastewater service rates: Irrigation accounts are not billed for
wastewater services. Irrigation accounts are strictly for meters and water service
dedicated solely to furnish water service to lawn sprinkler or irrigation systems,
and do not directly receive wastewater services.
(C) Additional irrigation service charges:
(i) Service initiation: $75.00 commercial/$65.00 residential.
Ordinance No. 17-68,Page 7
(ii) Transfer fees: $20.00.
(iii) Meter accuracy rereads: $15.00.
(iv) Late fees: 10% of billed amount.
(v) Turn offs/reconnects:
a. During normal office hours: $50.00.
b. After normal office hours: $75.00.
(D) Out of town rates are the same as in town rates for water."
SECTION 5
From and after the effective date of this Ordinance, existing Subsection (a)of Section XII,
"Municipal Drainage Utility System Fee Schedule," of Appendix A, "Fee Schedule,"to the Town's
Code of Ordinances is hereby repealed in its entirety and replaced with a new Subsection (a), to
read as follows:
"Sec. XII. Municipal Drainage Utility System Fee Schedule
(a) The following fees are hereby established and shall be collected through the town's bill for
public utilities pursuant to the Municipal Drainage Utility Systems Act and other applicable law.
Fees shall be based on a property's impact on the town's drainage utility system. Impact shall be
based on the parcel size for residential property and the impervious area for all other nonexempt
property. Ten percent (10%) of the area of the public streets and sidewalks on a property shall
count towards that property's impervious area. The drainage utility fees shall be established
according to the following schedule on a monthly basis:
Property Type Parcel Size (sq. ft.) ( Fees/Rates
Single-family residential I I
Tier 1 I <10,000 I $3.00
Tier 2 >10,000 I $5.15
$1.00 per 1,000 square feet
All other nonexempt of impervious area; the
property minimum fee shall be $2.75
per property
Ordinance No.17-68,Page 8
SECTION 6
From and after the effective date of this Ordinance, existing Subsections (b) through (g),
inclusive, of Section XIV, "Public Works Fee Schedule," of Appendix A, "Fee Schedule," to the
Town's Code of Ordinances are hereby repealed and replaced with new Subsections (b)through
(g), inclusive, to read as follows:
"Sec. XIV. Public Works Fee Schedule
(b) Damaqes to mete rs/eauipment. (Cost does not include water and sewer impact fees.)
5/8-inch PD I $340.00
3/4-inch PD I $340.00
1-inch PD I $412.00
1-1/2-inch PD I $614.00
2-inch PD I $800.00
1-1/2-inch turbine (irrigation) I $625.00
2-inch turbine (irrigation) ( $797.00
14 x 18 inch meter box I $164.00
14 x 18 inch meter box & MTU I $279.00
18 x 24 inch meter box 1 $267.00
18 x 24 inch meter box & MTU I $382.00
Replace readable register I $239.00
Replace damaged/unreadable register I $500.00
Transmitter (MTU) I $239.00
Transmitter (MTU) dual I $269.00
Ordinance No. W-68,Page 9
3-inch turbine I $881.00
4-inch turbine I $1,439.00
6-inch turbine I $2,463.00
3-inch compound I $2,206.00
4-inch compound I $2,911.00
6-inch compound I $4,711.00
Larger meters on request I (Amount TBD)
Replace 5/8 & 1-inch meter, MTU $559.00
register& box
Replace MTU, register& box I $394.00
Replace 5/8 & 1-inch meter, register& $444.00
box
Replace 5/8 & 1-inch meter, MTU & $444.00
box I
Replace 5/8 & 1-inch meter& MTU 1 $404.00
Replace 5/8 & 1-inch meter& box ( $329.00
Replace MTU & box small I $277.00
Replace register& box I $279.00
Replace 5/8 & 1-inch meter& register I $404.00
Replace register & MTU I $354.00
Replace unreadable register, MTU $770.00
and small box
Replace unreadable register& MTU I $710.00
Ordinance No.17-68,Page 10
(c) Fire hvdrant meter fee.
(1) Deposit (based upon approved condition): $1,500.00.
(2) Relocate fire hydrant meter: $64.00.
(3) Repair hydrant meter:
(A) Replace fire hydrant with register: $1,197.00.
(B) Repair hydrant meter RPZ: $528.00.
(C) Replace backflow on hydrant: $372.00.
(D) Repair hydrant broken collar: $224.00.
(E) Repair hydrant meter valves: $166.00.
(d) Water/wastewater fee.
(1) Water.
(A) Water tap size, does not include other items such as, among other things,
boring, impact fees, pavement removal and replacement: (lots without service).
(i) 1-inch water service: $1,537.00.
(ii) 1-1/2-inch water service: $1,836.00.
(iii) 2-inch water service: $1,941.00.
(B) For total price, please contact the town's public works department at 972-
569-1050.
(2) Wastewater. Wastewater tap size, does not include other items such as, among
other things, boring, impact fee, pavement removal and replacement: (lots without
service).
(A) 4-inch: $1,612.00.
(B) 6-inch: $1,840.00.
(e) Meter moves. This work does not include additional items such as, among other things,
bores, impact fees, grass replacement and pavement removal. The town does not relocate
customer-side service.
(1) 1-inch water service: $554.00.
(2) 1-1/2-inch water service: $595.00.
(3) 2-inch water service: $771.00.
(f) Curbstoo repair.
(1) 1-inch water service: $237.00.
Ordinance No. 17-68,Page 11
(2) 1-1/2-inch water service: $350.00.
(3) 1-inch water service: $398.00.
(g) Callback or second time call. $86.00."
SECTION 7
From and after the effective date of this Ordinance, Appendix A, "Fee Schedule," to the
Town's Code of Ordinances is hereby amended by adding thereto a new Section XX, `Health and
Sanitation Fees," to read as follows:
"Sec. XX Health and Sanitation Fees
(a) Food establishment permit and inspection fees
(1) Restaurant: $350.00/year (includes two inspections per year)
(2) Convenience store: $275.00/year
(3) Child day care center:$350.00/year
(4) Grocery Store: $500.00/year
(5) Mobile food establishment (hot) $350.00/year
(6) Mobile food establishment (cold): $250.00/year
(7) Temporary food establishment: $50.00 for a maximum of fourteen (14) days
�,.. (8) Concession stand: $50.00/season
(9) Independent School District-owned food establishment: no fee
(b) Certain food establishment inspection fees
(1) Reinspection: $50.00/inspection
(2) Investigative or complaint-based inspection: $100.00/inspection (if the inspection
is deemed to not have been warranted, the fee may be waived at the sole
discretion of the regulatory authority)
(c) Plan review of new or extensively remodeled food establishment fee: $175.00
(d) Public/Semi-public swimming pool or spa permit and inspection fee: $225.00
For the purpose of this article, a semi-public swimming pool or spa is a swimming pool or
spa which is privately owned and open only to an identifiable class of persons including
but not limited to hotel guests, residents of a multi-family dwelling complex, members of
a Home Owners or Property Owners Association, fitness facility or club members "
t
i.. Ordinance No. 17-68,Page 12
SECTION 8
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 9
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 10
This Ordinance shall become effective on October 1, 2017, and be in full force from and
after its passage and publication, as provided by the Revised Civil Statues of the State of Texas
and the Home Rule Charter of the Town of Prosper, Texas.
DULY PASSED A� m 1gE�P OVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS,QlTdIP �JV6l!*Z OF SEPTEMBER, 2017.
`����,•' 'e.•C P APPROVED:
Ray Smith,(Mayor
ATTEST: ®✓' •'ee ° ``�
TEXAS
Robyn B�le, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
+— Ordinance No.17-68, Page 13