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98-02 O - Ordinance Amending No. 86-25 (Section 1) Concerning Water and Sewer CITY OF PROSPER,TEXAS ORDINANCE NO. 98-02 AN ORDINANCE OF THE CITY OF PROSPER,TEXAS AMENDING PROSPER'S FEE SCHEDULE ORDINANCE NO. 86-25,BY AMENDING A PORTION OF SECTION 1 (WATER AND SEWER);PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE AND FOR A PENALTY FOR THE VIOLATION THEREOF;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 City Council of the City of Prosper,Texas("City Council")has investigated and determined that it is necessary and in the best interest of the City of Prosper,Texas("Prosper") to amend its Fee Schedule Ordinance No. 86-25, Section 1 (H) (a)and revise the amount of fees charged for Water Tap Fees for residential and commercial customers. WHEREAS,the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to amend Section 1 (H) (a)of Prosper's Fee Schedule Ordinance No. 86-25 and allow a revision in the amount of fees charged for Water Tap Fees. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER,TEXAS: SECTION 1: That Prosper's Fee Schedule Ordinance No. 86.25, Section 1(H)(a)hereby amended as follows: SECTION 1 (H) (a)Water Tap Fees COMVIERCIAL Water Tap Fees 5/8"x 3/" $800.00 1" $850.00 1 ,'/2„ $950.00 2" $1050.00 RESIDENTIAL Water Tap Fees 5/8"x 3/" $800.00 1" $850.00 1 V2" $950.00 2" $1050.00 SECTION 2: Prosper's Fee Schedule Ordinance No. 86.25 shall remain in full force and effect, save and except as amended by this or any other Ordinance. SECTION 3: Any person,firm,corporation,or business entity violating this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars($2000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 4: All provisions of any ordinance in conflict with this Ordinance are hereby repealed;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, not shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. SECTION 5: 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: This Ordinance shall take effect immediately from and after its passage and shall apply to any and all prior fee assesments made in compliance with the scheduled as set forth in this Ordinance,and it is accordingly so ordained. DULY PASSED AND APPROVED BYT HE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS ON THIS 13TH DAY OF JANUARY, 1998. £Li _) STYE COFFMAN MAYO AI"LEST: 2 cab SHI EYJ CITY COUNCIL