85-28 O - Water and Sewer Taps Repealing Conflicting Ordinances ORDINANCE NO. .25- 2_
AN ORDINANCE FIXING WATER AND SEWAGE MAIN TAP FEES FOR THE
CITY OF PROSPER. TEXAS, SPECIFYING AUTHORIZED PERSONS TO MAKE
WATER AND SEWER MAIN TAPS REPEALING CONFLICTING ORDINANCES , IM-
POSING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE , PROVIDING
FOR PUBLICATION OF THE CAPTION HEREOF AND FOR AN EFFECTIVE DATE
WHEREAS, water and sewer mains provide necessary services to
residents of the City of Prosper , Texas ; and ,
WHEREAS , the City Council of the City of Prosper is charged with
the responsibility of providing said water and sewer service ; and ,
WHEREAS, considerable cost is involved in tapping water and
sewer mains for the purpose of connecting new lines and meters on
the service mains ; and ,
WHEREAS, each tap on a water or sewer main diminishes the capacity
of such utility services for future use and thus requires the City to
provide additional capacity at considerable expense ;
IT IS THEREFORE ORDANINED BY THE CITY COUNCIL OF THE CITY OF
PROSPER, TEXAS.
Section 1 . From and after the effective date of this ordinance the
City Secretary or other duly designated City agent shall collect from
each person or entity requesting access , connection to or tapping of
a municipal water main , a tap fee of Four Hundred Dollars ( $400. 00 ) .
Section 2 . From and after the effective date of this ordinance the
City Secretary or other duly designatd City agent shall collect from
each person or entity requesting access , connection to or tapping of
a minicipal sewer main , tap fee of Four Hundrd Dollars ( $400 . 00) .
Section 3 . The tap fees provided in Section 1 and Section 2 shall be
11110 paid for by the person or entity ordering the work done before said
work commences.
Section 4 . A separate tap fee for each municipal water line and for
each municipal sewer line shall be required for each dwelling unit
without regard to the number of physical connections required to pro-
vide such service .
Section 5 . It shall be unlawful for any person other than a duly
authorized employee of the City of Prosper , Texas , to make a physical
connection to any municipal water or sewage main .
Section 6. No water or sewer line shall be laid except in a dedicated
street , alley or easement owned by or given in favor of the City of
Prosper , Texas and the person requesting water or sewer service shall
pay the full cost of extending service from the existing main to the
property line .
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Section 7 . If a service line and/or meter is requested which is larger
than the normal residential service line or meter , the charge therefor
shall be determined by the City Secretary based on the actual costs of
labor and the materials necessary to provide the requested service .
Section 8 . From and after the effective date of this Ordinance , no
new taps may be made for the purpose of providing water or sewer
service to any customer or user outside the City Limits of the City
of Prosper, Texas ; provided , however , that such service may be
provided if the owner of the property in question has made a valid
request to be annexed by the City of Prosper , Texas , and such
annexation was denied . No provision of this Ordinance shall be
construed to require or allow the termination of service to any
existing customer or transferree of an existing customer because such
customer or user is outside the City Limits .
Section 9 . Any and all ordinances and resolutions of the City of Prosper ,
Texas , heretofore adopted which are in conflict with this ordinance are
hereby repealed so far as the same are in conflict herewith .
Section 10 . If any section , subsection , paragraph , sentence , phrase or
clause of this ordinance shall be declared invalid for any reason whatso-
ever , such declaration shall not affect the remaining portion of this
ordiance which shall remain in full force and effect .
.or
Section 11 . If any person , firm or corporation violates any provision
of this ordinance , it shall be guilty of a misdemeanor and upon convic-
tion thereof shall be fined a sum not to exceed $200 . 00 for each and
every day such violation continues ; provided , however , that such penal
provisions shall not preclude a suit to enjoin such violation .
Section 12 . The caption of this ordinance shall be published one time
in a weekly newspaper with general circulation in the City of Prosper ,
Texas, and will be effective immediately upon its adoption and such
publication .
DULY PASSED AND APPROVED BX THE CITY COUNCIL OF THE CITY OF PROSPER,
TEXAS , on the / 7 day of ecem4er , 1985 .
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Major
ATTEST:
411, City Secretary