11-022 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 11-022
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 3(b) OF ORDINANCE NO 10-115; 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, (the "Town Council") has
investigated and determined that it is in the best interest of the Town of Prosper (the "Town") to
Amend Ordinance No. 10-115, Section 3(b) of Ordinance No 10-115 to include a fifty percent (50%)
exemption for drainage utility system fees for public school districts and churches.
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 Ordinance 10-115, Section 3 (b). Section 3(b) of Ordinance
10-115 is hereby amended to read as follows:
"(b) The following shall not be assessed a Drainage Utility System Fee, or shall be
assessed a reduced Drainage Utility System Fee if so indicated below:
(1) Exemption: Property held and maintained in its natural state, until such time
that the property is developed and all of the public infrastructure constructed
has been accepted by the Town in which the property is located for
maintenance.
(2) Exemption: A subdivided lot, until a structure has been built on the lot and a
Certificate of Occupancy has been issued by the Town.
(3) Exemption: State property.
(4) Exemption: Public or private institutions of higher education property.
(5) Exemption: Town property.
(6) Exemption: Church property. For purposes of this reduction, a church shall
mean any church, temple, synagogue, mosque or other place of religious worship.
(7) Exemption: Independent School District property."
Ordinance 11-022 Amending 10-115, Section 3(b)
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588353.v l
SECTION 3: Penalty Provision. Any person, firm, entity or corporation who violates any
provision of this Ordinance, as it exists or may be amended, shall be deemed guilty of a
misdemeanor, and upon conviction therefore, shall be fined in a sum not exceeding Five Hundred
Dollars ($500.00). Each continuing day's violation 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 4: 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 5: Severability. Should any section, subsection, clause or phrase of this
Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full for force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clauses and phrases be declared unconstitutional or invalid.
SECTION 6: Effective Date. This Ordinance shall go into effect on this 8th day of March,
2011.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 8th day of March, 2011.
a05
Ray S 'th, Mayor
ATTESTED AND CORRECTLY
RECORDED:
Town Secretary
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