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12-27 - O P SPER TOWN OF ORDINANCE NO. 12-27 AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING ORDINANCE NOS. 02-33, 03-48, 05- 72, 09-51, 10-77 AND 11-61, COMPREHENSIVE FEE SCHEDULE, SECTION 11 (WATER AND WASTEWATER RATES), EXHIBIT "B"; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING 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 it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas("Prosper')to amend Ordinance Nos. 02-33, 03-48, 05-72, 09-51, 10-077 and 11-61, Comprehensive Fee Schedule, Section 11 (Water and Wastewater Rates), Exhibit"B",to amend water and wastewater rates; and WHEREAS, the Town Council has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to amend water and wastewater rates as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61 Comprehensive Fee Schedule, Section 11 (Water and Wastewater Rates), Exhibit"B". Ordinance Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61 Comprehensive Fee Schedule, Section 11 (Water and Wastewater Rates), Exhibit "B" is hereby amended and replaced with the Exhibit"B" attached hereto and incorporated herein for all purposes which modifies the water and wastewater rates as set forth therein. SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or Ordinance Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars($500.00). Each occurrence in violation of this Ordinance shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation nor shall it preclude Prosper from taking such other lawful action as is necessary to prevent or remedy any violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: Savings/Repealing Clause. Ordinance Nos. 02-33, 03-48, 05-72, 09-51, 10-77 and 11-61 shall remain in full force and effect except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall Fee Schedule Ordinance(Amend Nos.02-33,03-48,05-72,09-51, 10-77 and 11-61) 402696-1 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, 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,sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 25th DAY OF SEPTEMBER, 2012. R RAY SMIT Mayor ATTESTED TO: AMY PIUKANA, M' , own Secretary DATE OF PUBLICATION: 42- 372- in the Prosper Press Fee Schedule Ordinance(Amend Nos. 02-33,03-48,05-72,09-51, 10-77 and 11-61) 402696-1 Exhibit"B" Town of Prosper Water and Wastewater Rates Effective First Full Billing Cycle Following October 1,2012 Residential Water Service Rates Residential Wastewater Service Rates Meter Size Minimum Service Charge All Residential Accounts Minimum Service Charge 3/4"or Smaller $ 11.12 $ 22.63 1" $ 18.54 = i'" 1 1/2" $ 37.07 Volumetric Charge Rate per 1,000 Gallons 2" $ 59.32 All $ 3.52 3" $111.19 4" $185.36 = 6" $370.58 1,,1 Volumetric Char.es Rate 'er 1,000 Gallons Winter Avera.in• 0—10,000 Gallons $ 3.74 Wastewater volumetric charges on residential accounts are 10,001 —40,000 Gallons $ 5.60 billed based on the Winter Average Consumption during the 40,001 —80,000 Gallons $ 8.41 months of December, January and February. 80,001 —Plus $ 12.61 Additional Residential Service Char.es Service Initiation $ 65.00 Transfer Fees $ 20.00 Meter Accurac Re-Reads $ 15.00 Late Fees 10%of Billed Amount Senior citizen account holders who qualify are entitled to receive the first two thousand (2,000) gallons included as part of the minimum water bill for indoor residential accounts. To be eligible, the customer must be the listed account holder age sixty-five (65) or older, complete an application for the discount, provide proof of age on a valid United States or State ID and not be receiving the senior citizen discount on any other Town of Prosper account. This discount does not apply to wastewater charges. Late payment penalties shall be waived for any account holder, on that customer's residential utility bill, upon request and presentation of adequate proof that the customer is either • at least age sixty-five (65) and the recipient of social security or other bona fide retirement benefits OR • is totally disabled. 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. Out of Town rates are the same as In Town rates for water and wastewater. Exhibit B to Fee Schedule Ordinance(Amend Nos.02-33,03-48,05-72,09-51, 10-77 and 11-61) 402696-1 Exhibit"B" Town of Prosper Water and Wastewater Rates Effective First Full Billing Cycle Following October 1, 2012 Commercial Water Service Rates Commercial Wastewater Service Rates Meter Size Minimum Service Charge All Commercial Accounts Minimum Service Charge 3/4"or Smaller $ 8.53 $ 25.94 1" $ 14.22 1 1/2" $ 28.44 Volumetric Charge Rate per 1,000 Gallons 2" $ 45.50 All $ 4.25 3" $ 85.31 4" $142.18 6" $284.40 Volumetric Char.es Rate per 1,000 Gallons 0— 10,000 Gallons $ 4.03 10,001 —40,000 Gallons $ 5.04 40,001 —80,000 Gallons $ 6.29 80,001 —Plus $ 7.87 Additional Commercial Service Char.es Service Initiation $ 75.00 Transfer Fees $ 20.00 Meter Accurac Re-Reads $ 15.00 Late Fees 10%of Billed Amount Out of Town rates are the same as In Town rates for water and wastewater. Exhibit B to Fee Schedule Ordinance(Amend Nos.02-33,03-48,05-72,09-51, 10-77 and 11-61) 402696-1 Exhibit"B" Town of Prosper Water and Wastewater Rates Effective First Full Billing Cycle Following October 1,2012 Irrigation Water Service Rates Irrigation Wastewater Service Rates Meter Size Minimum Service Char•e 3/4"or Smaller $ 4.03 1" $ 6.71 Irrigation Accounts are not billed for wastewater services. 1 '/2" $ 13.43 Irrigation Accounts are strictly for meters and water service 2" $ 21.48 dedicated solely to furnish water service to lawn sprinkler or 3" $ 40.31 irrigation systems,and do not directly receive wastewater services. 4" $ 67.19 6" $134.35 Volumetric Char.es Rate per 1,000 Gallons 0—10,000 Gallons $ 5.64 10,001 —40,000 Gallons $ 6.48 40,001 —80,000 Gallons $ 7.45 80,001 —Plus $ 8.57 Additional Irri•ation Service Char.es Service Initiation $ 75.00 Transfer Fees $ 20.00 Meter Accuracy Re-Reads $ 15.00 Late Fees 10%of Billed Amount Out of Town rates are the same as In Town rates for water. Exhibit B to Fee Schedule Ordinance(Amend Nos. 02-33,03-48,05-72,09-51, 10-77 and 11-61) 402696-1