11-058 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-58
AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS;
AMENDING ORDINANCE NO. 02-33, COMPREHENSIVE FEE
SCHEDULE, SECTION I (BUILDING PERMITS/INSPECTION FEES),
EXHIBIT "A" (FEE SCHEDULE) TO AMEND THE RESIDENTIAL
PERMITS FEE; PROVIDING FOR A PENALTY FOR THE VIOLATION
OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING 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 the need to amend Ordinance No. 02-33, Comprehensive Fee
Schedule, Section I (Building Permits/Inspection Fees), Exhibit "A" (Fee Schedule), to amend
the residential permits fee in the Town of Prosper, Texas ("Prosper"); and
WHEREAS, Town staff have investigated and determined that the permit fees provided
for in Appendix L of the 2006 International Residential Code, which are based upon certain
valuations, are advantageous and beneficial to the citizens of Prosper; and
WHEREAS, the Town Council has investigated and determined that it would be
advantageous and beneficial to the citizens of Prosper to amend the residential permits fee in
accordance with Appendix L of the 2006 International Residential Code, as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findin4s. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Ordinance Nos. 02-33, Comprehensive Fee Schedule,
Section I (Buildinv- Permits/Inspection Fees), Exhibit "A" (Fee Schedule) to amend residential
permits fee. Ordinance No. 02-33, Comprehensive Fee Schedule, Section I (Building
Permits/Inspection Fees), Exhibit "A" (Fee Schedule) is hereby amended as follows:
Residential Permits:
Total Valuation Fee
$1 to $500 1 $24
$501 to $2,000 $24 for the first $500; plus $3 for each
additional $100 or fraction thereof, to and
including $2,000
Fee Schedule Ordinance(Amendment to Section I(Building Permits/Inspection Fees))
Page 1
597081-1
$2,001 to $40,000 $69 for the first $2,000; plus $11 for each
additional $1,000 or fraction thereof, to and
including $40,000
$40,001 to $100,000 $487 for the first $40,000; plus $9 for each
additional $1,000 or fraction thereof, to and
including $100,000
$100,001 to $500,000 $1,027 for the first $100,000; plus $7 for each
additional $1,000 or fraction thereof, to and
including $500,000
$500,001 to $1,000,000 $3,827 for the first $500,000; plus $5 for each
additional $1,000 or fraction thereof, to and
including $1,000,000
$1,000,001 to $5,000,000 $6,327 for the first $1,000,000; plus $3 for
each additional $1,000 or fraction thereof, to
and including $5,000,000
$5,000,001 and over $18,327 for the first $5,000,000; plus $1 for
each additional $1,000 or fraction thereof
The valuation shall be based upon a minimum $85.00 dollar per square foot construction
cost, or the builder's valuation, whichever is greater. The valuation is determined using the
building gross area times the square foot construction cost.
SECTION 3: Penaltv Provision. Any person, firm, corporation or business entity
violating this Ordinance or Ordinance Nos. 02-33 shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00).
Each occurrence in violation of this Ordinance shall constitute a separate and distinct offense.
The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to
enjoin the violation nor shall it preclude Prosper from taking such other lawful action as is
necessary to prevent or remedy any violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 4: Savings/Repealing Clause. Ordinance Nos. 02-33 shall remain in full force
and effect except as amended by this or any other ordinance. 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 portions of said ordinances shall remain in full force and
effect.
SECTION 5: Severability. 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
Fee Schedule Ordinance(Amendment to Section I(Building Permits/Inspection Fees))
Page 2
597081-1
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: Effective Date. This Ordinance shall become effective October 1, 2011
upon its passage and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS ON THIS 23"d DAY OF AUGUST, 2011.
RAY SMI k Mayor
ATTESTED TO:
AMY PIUKAN 4, Town Secretary
DATE OF PUBLICATION: �� :,��)/ ,Prosper Press
. -
Fee Schedule Ordinance(Amendment to Section 1(Building Permits/Inspection Fees))
Page 3
597081-1