2026-46 O - Repeal and Replace Article 13.06 Theft of Water and 13.07 Utility Billsl
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TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-46
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING EXISTING ARTICLE 13.06, "ILLEGAL WATER
CONNECTIONS; THEFT OF WATER," AND ARTICLE 13.07, "UTILITY BILLS,"
AND REPLACING THEM WITH A NEW ARTICLE 13.06, "ILLEGAL WATER
CONNECTIONS; THEFT OF WATER," AND ARTICLE 13.07, "UTILITY BILLS,";
MAKING FINDINGS; 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 Articles 13 .06 and 13.07 of the Town's Code of Ordinances
should be amended; and
WHEREAS , the Town Council has further determined that the following amendments are
in the best interests of the residents of the Town of Prosper, and promote the health , safety and
welfare of such residents.
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, Article 13.06, "Illegal Water
Connections; Theft of Water," and Article 13 .07 , "Utility Bills," of the Town's Code of Ordinances
are hereby repealed and replaced with a new Article 13.06, "Illegal Water Connections; Theft of
Water," and Article 13 .07, "Utility Bills," to read as follows:
"ARTICLE 13.06
ILLEGAL WATER CONNECTIONS; THEFT OF WATER
13.06.001. Unlawful use of water; prima facie evidence
(a) A person commits an offense of theft of water by any of the following actions:
(1) Disrupt ion of serv ice. Preventing water from passing through a meter which is used by
the Utility Customer Service Department to supply water to a customer.
(2) Meter tampering . Preventing a meter used by the Utility Customer Service Department
from registering the quantity of water supplied to a customer or interfering with the
proper and accurate registration upon a meter used by the Utility Customer Service
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Department of the amount of water supplied to a customer.
(3) Line tampering. Diverting water, by the use of any device, from a pipe or pipes of the
Utility Customer Service Department.
(4) Refusal to return meter. Refusing to deliver any meter or other appliance of the Utility
Customer Service Department, in the person's possession, custody, or control , to the
Utility Customer Service Department upon request of the Public Works Director, or
designee .
(5) Illegal tap. Tapping or connecting with the Utility Customer Service Department, or
turning on the water from such waterworks, without first having obtained permission to
do so from the Utility Customer Service Department, or interfering with any water
meter, service, main, standpipe or any other water utility property.
(6) Restoration of service. Restoring residential water service to a meter that has been
terminated by the town for failure to pay.
(7) Equipment tampering. Tampering, connecting to, or altering any component of the
town's water system including valves, meters, meter boxes, lids, hydrants, line, pump
stations, ground storage tanks, and elevated storage tanks .
(8) False report. Making or causing a false report of a water meter reading .
(b) Prima facie evidence of unlawful use. The existence of a device, pipe , or meter being used
for any of the unlawful purposes stated in subsection (a) of this section shall constitute
prim a facie evidence of knowledge of the unlawful use thereof, on the part of the person
owning or having control of the room, building, place, or premises where such device,
pipe, or meter has been used and on the part of the person who benefits by the failure of
the water to be properly metered.
13.06.002. Disconnections of water service and reconnection fee.
Any violation of this article, including the first offense, will result in forfeiture of any and all
deposits, removal of meters, and/or discontinuance of water service by the town. A reconnection
fee as established by Appendix A to this Code will be required before the town will restore water
service .
13.06.003. Penalty.
Any person violating the provisions of this article shall be deemed guilty of the offense of criminal
mischief, their offense shall be classified, whether a misdemeanor or a felony, in accordance
with V.T.C.A. Penal Code§ 28.03, as it exists or may be amended and, upon conviction thereof,
shall be punished in accordance with V.T.C.A. Penal Code § 28.03, as it exists or may be
amended. For purposes of determining whether an offense has occurred, the presumption in
V.T.C .A. Penal Code§ 28.03(c), as it exists or may be amended, shall apply. An offense under
this ordinance is a Class C Misdemeanor punishable by a fine of up to $2,000.00 and/or
discontinuance of water service by the town .
Ordinance 2026-46, Page 2
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13.07 .001. Procedures.
ARTICLE 13.07
UTILITY BILLS
(a) Utility bill payments. Utility bill payments may be made by cash, check, money order, credit
or debit card, online bill pay, or auto-draft of bank account. No two-party checks will be
accepted. No payroll checks will be cashed through the Utility Customer Service
Department.
(b) Request for new service. A request for new service must be accompanied by a completed
service application. A service initiation fee is required for each meter per service address
as established by Appendix A to this Code, as it exists or is amended. Reasonable efforts
will be made to connect utility service by the end of the same business day for applications
received by 12:00 p.m. Otherwise, all reasonable efforts will be made to connect service
by the end of the following business day. Except as otherwise provided herein, service
initiation fees are nonrefundable.
(c) Proof of tenancy. An applicant or customer shall, upon request of the Utility Customer
Service Department, furnish proper identification, together with all information regarding
the service address, including ownership, tenancy, or relationship of applicant or customer
to other present or former customers of the Utility Customer Service Department at the
service address. In the event such information is not furnished, service to the applicant
and/or the service address shall be denied or discontinued. A charge, as established by
Appendix A to this Code, shall be assessed for a service call to terminate the customer's
water utility service for failure to submit required information.
(d) Meter rereads. A customer may request a reread of their water meter. A water meter reading
charge, as established by Appendix A to this Code, as it exists or is amended, shall be
charged on the next month's water bill if the reading is determined to be correct. No water
meter reading charge will be assessed if the town determines that the original reading was
incorrect.
(e) Transfer of service from one service address to another. A customer moving from one
active service address to another within the town may have their service transferred with
completion of a transfer application and payment of a transfer fee as established by
Appendix A to this Code, as it exists or is amended. The transfer fee will be charged on the
next month's utility bill. An additional service initiation fee shall not be assessed.
(f) Transfer of service to perso_n at same dwelling. A customer, having no balance owed on
their town utility account, may transfer their account to an immediate family member living
at the same dwelling, by sending a letter or e-mail, dated and signed by the original
applicant who initiated the account, requesting the transfer. The letter or e-mail must
include the nature of the relationship between the customer and the immediate family
member, the service address, effective date of change, and signature of the customer. The
transferee must provide their name, driver's license number and state of issuance, and
date of birth. The transferee's driver's license address must match the service address. No
fee shall be charged for this transaction.
(g) Prosecution for tampering or bypassing. The town shall prosecute persons who tamper
with or bypass a water meter that has been turned off and/or locked. Tampering with or
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bypassing a meter shall be prosecuted in accordance with the Texas Code of Criminal
Procedure and/or the Texas Penal Code, both as amended.
(h) Adjustments in uti lity billing. Any improper reduction of a water bill as shown by a meter or
other reduction in a utility bill is unlawful and is prohibited, unless such reduction is made
in accordance with the specific provisions of this article. Any officer or employee of the town
reducing any bill, except in accordance with this article, shall be personally responsible for
the reduction in the bill, and shall be disciplined in accordance with town policy, up to and
including termination of employment with the town.
13.07.002. Rates, minimum charges, failure to pay
(a) Utility rates. The rates, criteria and related charges, established from time to time by
Appendix A to this Code shall be collected for utility services furnished by the town,
through the Utility Customer Service Department. The rates and charges set forth in this
article shall be mailed or e-mailed by the town and shall be due and payable by the
customers of the water, sanitary sewer and solid waste collection system on the due date
printed on the bill. In the event the due date is a holiday recognized by the town or a
weekend, the rates and charges shall be due and payable on the first business day
following said holiday or weekend.
(b) Minimum bill charge. A minimum monthly fee for all services received in accordance with
the rates established by the town in Appendix A to this Code will be charged. Any customer
who is currently receiving or may hereafter request and receive utility service at any
premises through one or more meters shall be charged no less than the monthly minimum
rate, as established by Appendix A to this Code, for each service connected to the
premises. Such charges shall continue in force and effect and be collected as long as the
customer receives any utility service at the premises. Requests for seasonal or short-term
service interruptions or meter removal shall not be approved.
(c) Failure to pay. Failure to pay the charges for utility services shall authorize the town to
discontinue all utility services to the premises and such services shall be subject to the
terms and provisions pertaining to delinquency and failure to pay for utility services. If a
customer fails to reestablish service within seven calendar days of disconnection for non-
payment, the Utility Customer Service Department will notify the Code Compliance
Department of the potential code violation.
(1) Should service be discontinued to a customer and the amount past due and delinquent
is paid thereafter, such service may be resumed. There shall be additional charges
collected as provided in the fee schedule found in Appendix A to this Code for
reconnection to the water/wastewater/solid waste services.
(2) Any customer wishing to discontinue services must give notice thereof to the town.
Charges will continue to be entered until such notice has been given or three billing
cycles have yielded no response from the customer. If there has been no contact with
the Utility Customer Service Department for three billing cycles, service may be
automatically terminated.
(3) Utility service may be disconnected after notice for the following reasons or as
referenced in the V.T.C.A. Administrative Code, title 30, part 1, chapter 291,
subchapter E, rule 291.87:
(A) Failure to pay a delinquent account for utility service;
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(8) Failure to comply with the terms of a deferred payment agreement; or
(C) Payment by check which has been rejected for insufficient funds, closed account,
stop payment, or customer reverses auto payment.
(d) Field workers are not authorized to accept payment of the bill when they are at the
customer's location to disconnect services.
13.07.003. Bills; delinquency; payment extensions; service calls; due process.
(a) Payment generally. All charges for utility service shall be paid monthly. The due date will
be printed on the face of the utility bill. Payments must be received by 11 :59 p.m. on the
printed due date to avoid a penalty. Penalties are assessed on the next business day
following the printed due date. If the printed due date falls on a Friday, Saturday, Sunday,
or legal holiday, the due date will automatically be considered to be the next business day.
Any account that has three insufficient payments posted to it within a 12-month period will
be placed on a "cash-only" basis for the next 12-month period.
(b) Delinquent accounts and penalty. Accounts are delinquent if payment is not received by
the due date as defined in subsection (a) of this section, and a delinquent account will be
levied a ten percent penalty on the current amount due. The ten percent penalty may be
waived at the sole discretion of the Utility Customer Service Administrator; provided,
however, that no more than one waiver shall be permitted during any 12-month period for
any account. If payment is not received within ten calendar days after the due date, a
disconnect notice will be generated and mailed and/or emailed to the account holder. If
full payment is not received within ten calendar days after the disconnect notice, water
utility services will be scheduled for disconnection and a delinquent fee for failure to pay
as established by Appendix A to this Code will be assessed. Once service has been
scheduled for disconnection for non-payment, the delinquent fee is non-refundable. The
town is not required to send additional notices other than the past due notice in order to
be authorized to discontinue service.
(c) Failure to receive bill. All bills shall be considered rendered when sent to the customer by
the Utility Customer Service Department. Failure to receive any such bill from a customer
shall not relieve such customer of the duty and necessity of paying for utility services
furnished under the terms of this article.
(d) Extension. It shall be the duty of the Utility Customer Service Administrator, or designee,
upon the failure or refusal of any person to promptly pay within ten calendar days from the
date of delinquency, any charge or charges levied and assessed under the terms of this
article, to discontinue utility services and refuse further utility service to such person until
such charges are paid or satisfactory payment arrangements have been made; provided,
however, upon request by the customer, the Utility Customer Service Administrator, or
designee, may extend the time for payment for an additional period before discontinuing
utility services. No customer shall be allowed more than one extension for payment
annually. No extension request shall be made after the disconnection process has been
initiated.
(e) Service call charges. The customer shall be responsible for the payment of any charge
related to separate service calls for connection and/or disconnection of service. The
charges to be assessed for service calls related to the turning-on or disconnection of water
utility services shall be established from time to time by Appendix A to this Code.
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(f) Customer entitled to due process. Before a customer's water utility services shall be
terminated for failure to pay, the customer shall be entitled to adequate notice and due
process. Due process shall include, but not be limited to, (1) written notice delivered to the
customer in a timely manner that shall state the reasons for such discontinuance of service
and the date for which service shall be discontinued; and (2) an opportunity for an informal
hearing before service is so terminated by the town. The opportunity for a hearing shall be
an informal consultation with the Town Manager, or designee, who has the full authority
to resolve the dispute and cancel the disconnection of service if it is determined there is a
fair and justifiable reason for doing so. The burden for requesting a hearing shall be on
the customer. At no time shall the town, or its representatives, be permitted to arbitrarily
withhold or discontinue essential water utility services without a valid reason.
(g) Deferred payment plan-Availability. The town may, in its sole discretion, provide a
deferred payment plan to any customer who demonstrates an extreme hardship to pay
the bill in full. The deferred payment plan provides the opportunity for the customer to pay
off the outstanding balance over a period of three months, if the following conditions are
applied:
(1) The customer requests the deferred payment plan and provides an explanation for the
need for deferred payment.
(2) The customer signs a written deferred payment plan specifying the amount and
payment schedule for the deferred payments.
(3) Only one deferred payment plan will be allowed for a customer for any 24-month period
from the date a prior deferred payment plan was paid in full.
(4) There will be no amendments, modifications or extensions to the deferred payment
plan.
(5) The customer must remain current on all subsequent utility bills.
(6) Upon approval by the town of the deferred payment plan, the customer must remit the
entire current month's balance, plus up to 50 percent of the total balance due. The
town will agree to waive the penalties on the remaining balance due during the term
of the deferred payment plan.
(7) Upon request from the customer and under unusual or special circumstances only, the
town may extend the deferred payment plan for a period not to exceed an additional
three months.
(8) The town will charge an application processing fee to each deferred payment plan
implemented in accordance with the adopted fee schedule in Appendix A to this Code.
These fees must be paid in cash at the time of the deferred payment plan request.
(h) Deferred payment plan-Restrict ions. A deferred payment plan shall not be available to
any customer if any one of the following conditions exists:
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(1) The customer has previously participated in a deferred payment plan with the town
within the past 24 months. (The calculation of the 24 months begins on the date any
prior deferred payment plan was paid in full); or
(2) The utility bills for which the customer has requested the deferred payment plan are a
result of meter tampering, theft or diversion of services, or willful damage to town
property; or
(3) The customer's payment is rejected due to insufficient funds; or
(4) The customer fails to sign and return the deferred payment plan contract; or
(5) The customer fails to pay the required application processing fee prior to the
implementation of the deferred payment plan.
(i) The Utility Customer Service Administrator, or designee, has the discretion to waive any
of the above restrictions on a case-by-case basis if the waiver is determined to be in the
best interest of the town.
U) Deferred payment plan-Disconnection. The town may immediately disconnect service
to any customer who fails to comply with the terms and conditions of a deferred payment
plan.
(k) Town 's rights. The town shall have the right to provide information to any commercial
credit agency or organization with respect to any customer's disconnection of service for
failure to pay any portion of a customer's bill or bills. The town shall have the right to
provide credit information to credit bureaus, credit reporting services, and other utilities.
The credit information may include but shall not be limited to a customer's payment history
and status of unpaid bills for the town's utility services.
13.07.004. Adjustment of bill due to a defect in customer's line.
(a) Any customer of the town may request a correction of any water bill from the town once in
24 months for water usage because of a loss of water through an excusable defect
(hereinafter defined) in the customer's water line for a period not to exceed two
consecutive months, by written application with the Utility Customer Service Department,
by mailing, e-mailing or delivering the same to the Department within 30 days of the repair
of the excusable defect. Shutting off the water does not qualify as a repair.
(b) Such application shall contain the following matters and such other information as the
Utility Customer Service Administrator, or designee, may require:
(1) The name of the applicant, the address or description of the property or premises
furnished water, the bill which is sought to be corrected, the date of the bill and the
period of water usage covered thereby.
(2) A statement of the date on which the excusable defect in the applicant's water line
was discovered, and the date on which it was repaired; and a statement that water
was lost after it passed through the town water meter serving such property and that
such water was not used in any manner by anyone.
(3) The application shall show whether or not there have been any additional water
Ordinance 2026-46, Page 7
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appliances or fixtures, swimming pools, or hot tubs placed in use on the applicant's
premises during the period covered by such bill.
(4) A statement that the applicant is personally familiar with all of the matters of fact stated
in the application and sworn to therein, that they are made on the applicant's personal
knowledge and that they are each true and correct.
(5) The applicant shall execute a statement setting forth an understanding that the
application is a government record subject to criminal prosecution for false statements
under the Texas Penal Code and shall state that the applicant certifies that the
application contains no false statements.
(c) Documentation of the repair shall be submitted detailing the exact nature and date of
repair(s) to the applicant's water line.
(d) As used in this article, the term "excusable defect" shall mean a rupture or leakage of the
customer's underground water lines from the meter to the foundation, under the
foundation, and/or in the internal wall plumbing which may be caused by freezing weather,
settlement, corrosion, wear, or accident. The term does not apply to defective or broken
faucets (inside or outside}, sprinkler systems, sprinkler heads, sprinkler lines, sprinkler
solenoids, swimming pools, auto-fill pool equipment, toilets, toilet flappers, or any outdoor
fixture/accessory such as an outdoor kitchen.
(e) Upon receipt of a properly completed application, the Utility Customer Service
Administrator, or designee, shall review such application, and iftheAdministratorordesignee
approves the same as being in compliance with this article, the applicant's bill shall be
recalculated. A determination by the Utility Customer Service Administrator of the amount
of an adjustment to be made in an applicant's water bill in accordance with the provisions
of this article shall be final.
(f) The applicant's average water usage will be based on the previous nine (9) months. If the
applicant has not been a customer for a sufficient length of time to make such
determination, the Utility Customer Service Administrator, or designee, will use the
electronic meter reading system to determine actual loss as described by the applicant
during a specific time frame. This average water usage so determined will hereafter be
referred to as "average usage."
(g) From the total water consumption shown on the bill submitted for correction, the average
usage will be deducted. The resulting figure will hereafter be referred to as "excess usage."
The excess usage will be considered consumption beyond the average usage and will be
charged at the rate of one-half of the regular rate for consumption beyond the average
usage for customers in the applicant's rate classification. This will determine the amount
the applicant must pay for the excess usage. The regular rate for customers in the
applicant's rate classification will be applied to the average usage and this amount will be
added to the amount due for the excess usage, and the total of those two amounts will be
the sum that the applicant must pay for water usage· during the period covered by the
adjusted bill.
(h) A bill shall be paid in full by its due date while the Utility Customer Service Administrator,
or designee, reviews an application for adjustment. Any adjustment due to the customer
will be credited to the customer's active account or refunded if the account had been
closed prior to a final determination.
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(i) No adjustment shall be given for $5.00 or less.
13.07.005. Proration of charges.
(a) Water and sewer base charges shall be prorated when service begins or ends on a date
other than the first or last day of a billing cycle.
(b) The prorated charge shall be calculated as follows:
(1) Determine the applicable monthly base rate for water and sewer service .
(2) Divide the monthly base rate by the total number of days in the billing cycle to
determine the daily rate.
(3) Multiply the daily rate by the number of days service was provided during the billing
cycle.
(c) Usage-based charges shall be billed according to actual meter readings and shall not
require proration unless otherwise specified by town policy.
13.07.006. Winter averaging for residential wastewater services.
Residential customers who are receiving town wastewater (sewer) services shall be billed
according to their winter water consumption average. Water consumption billed in December,
January and February shall be averaged to calculate sewer charges beginning in March and
ending in February the following year.
(a) Customers who are not billed in December, January and February will not have a winter
average. Therefore, those customers shall be billed based on an estimated residential
consumption of 8,000 gallons per month until a winter average is established or service is
terminated.
(b) A reasonable adjustment can be made to the sewer bill if a water leak can be documented
during the winter average data collection period. Requests for winter averaging must be
completed by June 1 following the data collection period and must be delivered to the Utility
Customer Service Department for review. If actual water loss can be calculated, the
consumption shall be adjusted accordingly. If not, the prior year average can be used, if
available, at the discretion of the Utility Customer Service Administrator.
13.07.007. Dispute of utility bill.
Any customer may dispute their utility bill. It is the customer's responsibility to advise the Utility
Customer Service Department that a bill is being disputed by written notice. This notice can be
mailed or brought to the Utility Customer Service Department in person during normal business
hours.
(a) A payment equal to the customer's average (preceding 12-month) monthly usage at current
rates must be made by the due date stated on the bill being disputed. Where no previous
usage history exists, consumption for calculating the average monthly usage will be
estimated on the basis of usage levels of similar customers under similar conditions as
determined by the Utility Customer Service Administrator, or designee.
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(b) The payment must be received by the Utility Customer Service Department prior to the
date of proposed discontinuance for a customer to avoid discontinuance of service.
Notwithstanding any other section of this article, a utility customer's service may not be
subject to discontinuance for nonpayment of that portion of a bill under dispute pending
the completion of determination of the dispute. The customer is obligated to pay any billings
not disputed.
(c) If the customer is registered for auto debit through their bank or credit card, it is the
responsibility of the customer to remove this payment authorization prior to the Utility
Customer Service Department beginning their payment process which can be a few days
prior to the due date. The Utility Customer Service Department shall not draft partial
payments and shall only draft the full amount of the bill.
(d) The written dispute notice will be reviewed by the Utility Customer Service Administrator,
or designee, within ten calendar days of receipt. The Utility Customer Service Administrator
will make a recommendation for settlement and present it to the Executive Director.
(e) The Executive Director will make a determination within 20 calendar days of receiving the
Utility Customer Service Administrator's recommendation and written notification will be
sent to the customer within 30 calendar days of the original dispute notice.
(f) If a customer does not agree with the decision, the customer has the right to appeal. The
customer can do so by contacting the Town Manager directly. The Town Manager shall
render a final, non-appealable decision.
13.07.008. Senior affordability discount and penalty exemption.
(a) Senior citizen account holders who qualify are entitled to receive a credit for storm drainage
charges and the first 2,000 gallons of water included as part of the minimum bill for an indoor
residential account. Eligibility requirements are as follows:
(1) Must be listed as the account holder on residential property only.
(2) Must be age 65 or older.
(3) Must provide proof of age with a valid United States or state ID.
(4) Must not be receiving the senior affordability rate on any other town account.
(5) Must complete and sign the application.
(b) Late payment penalties shall be waived for any account holder who qualifies and is entitled
to such. An applicant must complete an application and present adequate proof that the
customer is either: (1) at least age 65 and the recipient of Social Security or other bona
fide retirement benefits; or (2) totally disabled. The applicant must provide documentation,
such as a letter from Social Security, Veterans Affairs, or any other governmental agency
clearly declaring the account holder to be disabled. Bank statements, AARP membership
card, Medicare card, document(s) with a Social Security number, or similar documentation
will not be accepted as proof.
13.07.009. Penalties or disconnections during a public health emergency or
declaration of disaster.
(a) Late payment penalties and disconnections. Notwithstanding any provision in this article
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to the contrary, during a public health emergency or disaster declared by the Governor of
the State of Texas and/or the Mayor of the Town of Prosper, the town shall charge late
payment fees or penalties, and further, may terminate service to any utility customer (either
residential or commercial) when an outstanding balance reaches an amount equal to two
months' worth of monthly single-family residential utility billings in the previous (rolling) 12-
month period. Monthly single-family residential utility billings shall be determined as
follows: the town-wide average monthly billing amount for single-family residential water
and wastewater services, plus the standard single-family residential garbage service fee
and the standard single-family residential drainage fee, with all amounts as determined by
the town in its sole discretion.
(b) Economic relief in the event of a disaster.
(1) Purpose. The town may authorize up to $25,000.00 in reductions in monthly single-
family residential utility billings for town residents who are eligible and qualify for such
reductions pursuant to the terms of this section.
(2) Determination of amount of monthly single-family residential utility billings eligible for
reduction. Town utility account holders are eligible to receive up to two months' worth
of monthly single-family residential utility billings reduction in any 12-month period.
Monthly single-family residential utility billings shall be determined as follows: the
town-wide average monthly billing amount for single-family residential water and
wastewater services, plus the standard single-family residential garbage service fee
and the standard single-family residential drainage fee, with all amounts as determined
by the town in its sole discretion.
(3) Determination of eligibility for reduct ion . The town may utilize a partner agency to assist
in determining eligibility for any reduction, and the Town Manager is authorized to enter
into an agreement or memorandum of understanding with such partner agency. The
partner agency shall utilize objective criteria in determining eligibility for any reduction,
but shall consider both financial hardship and the ability of a utility account holder to
afford to pay all or part of the account holder's monthly utility billing, utilizing such
criteria as the partner agency determines to be appropriate under the circumstances,
without regard to age, race, sex, marital status, disability, religious affiliation or any
other legally protected status. Besides determining eligibility for any reduction, the
partner agency shall promptly make a recommendation to the town of any proposed
amount of such reduction, never to exceed the monthly amount determined in
accordance with subsection (b)(2), above. The town may accept, deny or modify the
recommendation from the partner agency. If accepted, the town shall credit the
account holder the amount of any such reduction suggested by the partner agency
and approved by the town."
SECTION 3
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. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional or invalid.
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SECTION 4
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 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
Any person, firm, corporation, or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the
sum of two thousand dollars ($2,000.00), and each and every day such violation shall continue
shall constitute a separate offense.
SECTION 6
This Ordinance shall become effective after its adoption and publication as required by
law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF OCTOBER 2026.
David F. Bristol, Mayor
ATTEST:
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance 2026-46, Page 12