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86-25 O - Approval of Fee Schedule Ordinance • • CITY OF PROSPER, TEXAS ORDINANCE F(o c?S AN ORDINANCE OF THE CITY OF PROSPER, TEXAS, PROVIDING FOR THE ESTABLISHMENT OF BUILDING CONSTRUCTION PERMIT FEES; ESTABLISHING A DEPOSIT FOR WATER SERVICE; ESTABLISHING WATER AND SEWER FEES; ESTABLISHING IMPACT FEES; WATER AND SEWAGE COLLECTION AND TREATMENT RATES; PROVIDING FOR TURNING OFF AND TURNING ON OF WATER SERVICE FEES; ESTABLISHING A METER REMOVAL AND SETTING FEE; PROVIDING FOR A SERVICE CHARGE FOR RETURNED CHECKS; PROVIDING FOR A 10 PER CENT PENALTY FOR PAST DUE ACCOUNTS; PROVIDING FOR PRO RATA CHARGES FOR WATER AND SEWER; PROVIDING FOR PRELIMINARY PLAT AND FINAL PLAT FEES; PROVIDING FOR A DEVELOPMENT INSPECTION FEE; AND PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, The City Council of the City of Prosper, has determined a need to have a consolidated fee and charges ordinance for the City of Prosper, Texas; and WHEREAS, The City of Prosper does not 'have such a consolidated fee and charges ordinance; and, WHEREAS , The City of Prosper is a growing community, said growth including additional residential , commercial and industrial developments; and, WHEREAS, The City' s water and sewer distribution and collection systems must be expanded to support the additional growth and to meet the standards of the Texas Department of Health and the State Board of Insurance; and, WHEREAS, the water and sewer distribution and collection system requires rehabilitation, emergency repairs and the construction of new facilities to insure safe and efficient systems for existing and future residents of the City; now, WHEREAS, Be It Resolved By The City Council of the City of Prosper, Texas , That: The follwing fees and charges are adopted by the City Council of the City of Prosper, Texas for the City and outside the City limits where applicable. Page 1 s FEE SCHEDULE ORDINANCE i CITY OF PROSPER TEXAS TABLE OF CONTENTS SECTION TITLE PAGE I WATER AND SEWER A. Water Meter Deposit 1 B. Water Rates 1 C. Sewage Collection and Treatment Rates 1 D. Water Service On and Off Fees 1 E. Returned Check Charge 1 F. Past Due Account Penalty 2 G. Special Meter Reading 2 41/ H. Water and Sewer Tap Fees 2 I . Pro Rata Charges 2 II CONSTRUCTION PERMITS AND FEES A. Building Permits 3 B. Development Inspection Fee 3 III IMPACT FEES IV RECONSTRUCTION OF STREETS V FILING AND APPRAISAL FEES A. Zoning Fees 9 B. Plat Fees 9 VI PEDDLERS/SOLICITOR' S FEE 9 VII SEVERABILITY 9 VIII EFFECTIVE DATE 10 Page 2 '4 SECTION 1 - WATER AND SEWER A. Water Meter Deposit - Each water customer shall make a deposit to the City of Prosper for water service in accordance with the following schedule : Residential $60 . 00 Non-residential $100 . 00 B. Water Rates a. The following monthly water rates shall apply to customers within the corporated limits of the City of Prosper, Texas . First 2000 gallons $5 . 75 (minimum monthly charge) Next 2 ,001-10 ,000 gallons $2 . 50 per 1000 gallons Next 10 ,001-20 ,000 gallons $2 . 35 per 1000 gallons Over 20 ,001 gallons $2 . 25 per 1000 gallons C. Sewage Collection and Treatment Rates a. The following monthly sewage collection and treatment rates shall apply to all residential customers of the City of Prosper, Texas : Base Rate $4 .00 Up to 8 ,000 gallons $0 . 87/1000 gallons D. Water Service On and Off Fees - The fee to be paid to restore water service after termination of service for non-payment shall be $15 . 00 and shall be paid prior to service restoration and any amount required to replace the deposit during 8 : 00 a.m. to 5 : 00 p.m. on Monday through Friday Central time. The charge shall be $25 . 00 for any after hours and weekends and holidays . E. Returned Check Charge - Each and every check or bank draft, used as payment to the City for services , which is returned for insufficient funds shall have a charge of $15 . 00 assessed against the account. Page 3 .S F. Past Due Account Penalty - a. All utility bill payments are due by the 10th day from the date of the bill except when the 10th day falls on Saturday, Sunday or legal holiday under which condition they are due by 5 : 00 p.m. Central Time on the next working day. b. All payments made after the 10th day will bear a ten (10) per cent penalty of the unpaid balance of the account. G. Special Meter Reading - A special meter reading charge of $7 . 50 shall be charged on the existing water bill when requested by a customer if the reading is determined to be correct. No reading charge will be made if it is determined the original reading was not correct. H. Water and Sewer Tap Fees - The following represent the charges the City of Prosper shall require to be paid for tapping a water main and sanitary sewer for service and 4111 the extension of that service to the property line. All water and sewer service lines on private property are the responsibility of the individual property owner under the current Uniform Plumbing Code adopted by the City Council of The City of Prosper. a. Water Taps - The tapping fee for single unit residences and commercial connections to the City water distribution system shall be $400 . 00 . b. Sewer Taps - The tapping fee for single unit residence and commercial connections to the City sanitary sewer collection system shall be $400 . 00 . I . Pro-rata water and sewer charges - The City may extend water and sanitary sewer mains in the streets , alleys and utility easements in the City of Prosper in order to permit connections for those persons desiring water and sewer service. The individual , corporation or partnership requesting the service shall pay the City an amount equal to the cost of all materials , labor, equipment and other costs to provide the requested extension. At any time additional connections are made to the water and/or sewer mains . The City shall collect from the individual connecting to the main (s) an amount equal to the proportional amount of footage of the connectors land abutting the sewer and repay the same to the original requestors (s) of service or designated recepients . Page 4 • �° SECTION 2 - CONSTRUCTION PERMITS AND FEES AL A. Building Permits and Fees - The following charges are made for various construction type projects in conjunction with residential , commercial and industrial structures prior to the start of construction. a. The building inspection fee shall be as follows for enclosed residential structures : BUILDING PERMIT FEES TOTAL VALUATION FEE (Valuation Based on $40 .00/sq. foot) $1 - $500 $25. 00 $501 - $2000 $25 .00 for the first $500 plus $1.00 for each additional $100 or fraction thereof to and including $2000. 00. 41,0 $2001 - $25000 $25. 00 for the,first $2000 plus $2 .00 for each additional $1000 or fraction thereof, to and including $25000 .00 . $25001 - $50000 $50 . 00 for the first $25 ,000 plus $3 . 00 for each additional $1000 or fraction thereof to and including $50 , 000 . $50001 - and up $100 .00 for the first $50 ,000 plus $4.00 for each additional $1 , 000 or fraction thereof. b. A determination of the valuation for any enclosed structure other than residential shall be determined at the discretion of the City of Prosper. B. DEVELOPMENT INSPECTION FEE A development inspection fee shall be charged for each inspection in the amount of three (3) percent of the 111 City' s estimates of the costs of the public works utilities and streets of new construction which are to be dedicated to the City of Prosper. Such items shall include, but not limited to, street paving, storm drainage, water and sewer mains and other items designated for conveyance to the City after completion of improvements through the process of public dedication. These fees shall be paid prior to the start of construction. Page 5 lbw SECTION 3 - IMPACT FEES Whenever any such water meter or sewer tap is installed, in addition to the preceding,and foregoing water meter installation or sewer tap charge, there is also imposed an impact fee for all future water and sewerage connections to the city water and sewerage system, in order to defray the impact burden thereof on said water and sewerage system of producing, treating, distributing, transmitting or collection such water and sewerage, and for maintaining all facilities pertaining thereto. The impact charge imposed shall be calculated on the basis of equivalent residential units , as outlined below. A. Definitions , for the purpose of this section, the following words shall have the meaning indicated unless their context clearly requires otherwise. a. EQUIVALENT RESIDENTIAL UNIT (ERU) : A determination of the equivalence of a \specific classification of water • and/or wastewater can?ection to that of average single family unit in-A the service area under consideration. Equivalence is determined by the ratio of annual average daily flow from the connection being evaluated to the annual average daily flow from the single family unit used as the base. For the purpose of this definition, two hundred thirty (230) gallons per day per ERU shall be used for water connections and two hundred twenty (220) gallons per day per ERU shall be used for wastewater connections. B. For the purpose of calculating impact charges, the following guidelines apply: a. Each single-family residence or mobile home served by the City through a single service shall be considered an ERU. b. The number or ERU ' s corresponding to a given commercial , industrial , multifamily, hospital , nursing home or extended care facility or other establishment, shall be determined on the basis of anticipated annual • average daily flow. Anticipated flow shall be determined by evaluation of, but not limited to, records of water consumption and flow records for similar connections in the City which have been recorded and maintained in due course of business for no less than one hundred eighty (180) days . In the event that accurate flow records or consumption data is not available in order to establish an ERU, the person, firm or corporation may stipulate and agree with the city concerning the ERU which should be applied in reference thereto, then said stipulation shall 0 be presented to the City Council for the ratification and approval . Page 6 C. For each ERU to be served by the water system these shall be a water impact fee of two hundred fifty dollars ($250 . 00) . For each ERU to be served by the sewerage system, there shall be a sewerage impact fee of three hundred dollars ($300. 00) . D. These impact fees shall be due and payable not later than - or at the time of the request for the provisions for water or sewer service. These fees may be paid on individual construction projects or by development or phases of development. In the case of extraordinary increased water use or sewer production as determined by a review of the city' s consumption records, such calculations shall be referred to as subsequent impact fees and shall be due and payable thiry (30) days after written notifications is received from the City of Prosper that said fees are due and an explanation provided to the affected customer. E. There shall be at least one primary water meter at each site to measure the 1,pw of water, which is delivered to such site that is being serviced by the municipal water system in this city; provided however, if additional meters are installed at any such site at the request of the person, firm or corporation whose water corresponds with such site and if such additional meters are installed to measure the flow of water at said site for irrigational or swimming pool purposes, only one impact fee, based on the total flow from all meters shall be charged, but such person, firm or corporation shall be required to pay a separate water meter charge for each such meter in accordance with the fee schedule hereinabove set forth. F. Water meter installation rates and charges as provided herein shall be reimposed in the event of the discontinuance of the water account where such water meter is located and where the water meter has been removed from the premises. However, an impact fee shall be imposed once only, at the time of the initial connection onto the water and sewerage system of the city, subject to the following qualifications: a. An additional water impact fee in the amount of two hundred and fifty dollars ($250 .00) and an additional sewerage impact fee in the amount of three hundred dollars ($300 .00) shall be imposed against any commercial , industrial , hotel , motel , multi-family dwelling complex, mobile home park, travel trailer or recreational vehicle park, hospital , nursing home, extended care facility, Page 7 professional office facility, clinic or similar establishment where the same are expanded or otherwise increased in capacity so that the number of ERU ' s therein are increased beyond the immediately pre-existing ERU capacity thereof, as determined by the ERU definition. b. Such additional fees shall be referred to as subsequent impact fees , and shall be paid prior to the issuance of a building permit/sewerage connection permit for any additions to the size and capacity of such building (s) , development, park or complex. c. Subsequent impact fees shall be imposed whether or not a new or replacement water meter is installed due to such expansion, capacity or addition; provided, however, in the event that the customer shall request the replacement of a water meter which shall increase the size of the meter which measures the flow of water into any such building (s) , development, park or complex, the cost of • such additional or replacement water meter shall be in accordance with -the cost schedule. G. All funds received from the impact fee for all future water and sewerage connections, as aforesaid, and all charges thus imposed, heretofore, shall be deposited into the "Water and Sewer System Impact Fund" and shall be expended from that fund only for the purpose of providing for major improvements, debt service, expansion, emergency repairs and extending or construction new additions or replacements to the water and sewer system of this city which are required and needed because of the impact upon said water and sewer system due to such additional connections thereto. H. Any person, firm or corporation that is subject to the assessment of a water and sewer impact fee may request that the City consider the award of credits toward the impact fee for improvements , land, etc. which the person, firm or corporation dedicates to the City without charge, for the pruposes of improving the overall water . distribution and treatment system and/or the sewerage collection and treatment system. In such cases , the person, firm or corporation shall submit for consideration, such proposal in advance of the approval for the preliminary plat and such dedication for credit of impact fees shall have an agreed upon value which is negotiated by the person, firm or corporation and the City staff in advance. Page 8 Following preliminary agreement between the parties such proposal will be submitted to the City Council of the City of Prosper for their approval , amendment or rejection. SECTION 4 - RECONSTRUCTION OF STREETS The fee per square foot for reconstruction materials accomplished by the City under the provisions of the City' s reconstruction ordinance shall be: 1 . For streets in existing residential areas which have been improved, i .e. , some base and/or asphalt regardless of existing condition $0 . 50 per square foot. 2 . For streets in existing residential areas which are completely unimproved, i.e. , no asphalt or oil base material and little dr no rock or paving ,material $0 . 60 per square foot. 3 . For streets in new residential areas or non-residential areas of `new development $2 . 50 per square foot. SECTION 5 - FILING AND APPRAISAL FEES A. Zoning Fees - Zoning application or rezoning fees shall be $50 .00 plus $5 .00 per acre requested on a tract of land. B. Plat Fees - The following fees shall be paid at the time of submission of plats in accordance with the Subdivision Ordinance. a. The preliminary plat fee shall be $100 .00 plus $2 . 00 per lot or $5.00 per acre, whichever is greater, in the subdivision. b. The final plat fee shall be $150 .00 plus $3 .00 per lot or $6 .00 per acre, whichever is greater, in the subdivision. c. Re-plat fees shall be $125 .00 plus $2 . 00 per lot in the subdivision. 41, SECTION 6 - PEDDLERS/SOLICITOR' S FEE Each itinerant merchant, peddler, vendor or itinerant taking orders for sale or offering of any items or service will pay a fee of $10 . 00 to the City prior to solicitation. Page 9 400 SECTION 7 - SEVERABILITY All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are superceded by this ordinance. All other parts of such ordinances are not repealed. It is hereby declared to be the intention of the City Council that the sections , paragraphs , sentences , clauses, and phases of this ordinance are severable and if any phase, clause , sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause , sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . SECTION 8 - EFFECTIVE DATE This ordinance ' shall become effective immediatley upon approval and passage by the City Council of the City of Prosper and upon publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS, THIS THE DAY OF 1986 . John Cockrell , Mayor ATTEST: 410 Linda Grumbles , City Secretary Approved as to Form, City Attorney Page 10