18-110 O - Amending Appendix A Fee Schedule by Adding New Section XXI Multifamily Registration and Inspection FeesTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-110
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S
CODE OF ORDINANCES BY ADDING THERETO A NEW SECTION XXI,
"MULTIFAMILY REGISTRATION AND INSPECTION 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 it would be advantageous and beneficial to the citizens of
Prosper to require the registration and inspections of multifamily complexes and the associated
dwelling units, 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 adopt certain fees imposed by
the Town 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, Appendix A, "Fee Schedule," to the
Town's Code of Ordinances is hereby amended by adding thereto a new Section XXI, "Multifamily
Registration and Inspection Fees," to read as follows:
"Sec. XXI Multifamily Registration and Inspection Fees
(1) The landlord of a multifamly dwelling complex shall annually pay the Town a fee which
includes registration and inspection fees.
(2) A fee of ten dollars ($10.00) per dwelling unit with a minimum of two hundred dollars
($200) per year shall be submitted annually with the required registration form as
provided by the Town.
(3) Annual registration or renewals postmarked or received after the identified deadline date
shall be assessed an additional fee increase of:
(A) ten percent (10%) if received within thirty (30) calendar days after the due date,
(B) thirty percent (30%) if received within thirty-one (31) to sixty (60) calendar days after
the due date; or
(C) fifty percent (50% if received more than sixty-one (61) days after the due date.
(4) Cost of initial inspection and first re -inspection: No fee.
(5) Second re -inspection if required: $150.00 per residential unit or per any other area of the
multifamily complex.
(6) Third and any subsequent re -inspections if required: $300.00 per residential unit or per
any other area of the multifamily complex."
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 become effective 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 D AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPEQ 6yTHIS 11TH DAY OF DECEMBER, 2018.
�� ■•. t<' �_ APPROVED:
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Ray Smith, M yor
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APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-110, Page 2