19-68 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 19-68
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S
CODE OF ORDINANCES BY AMENDING SECTION 1, "CONSTRUCTION
PERMITS AND FEES," BY ADDING THERETO A NEW SUBSECTION (c),
"THIRD PARTY GEOTECHNICAL AND MATERIAL TESTING FEES," AND A
NEW SUBSECTION (d), "CAMERA INSPECTION FEE FOR WASTEWATER
MAINS"; AMENDING SUBSECTION (2), "OTHER FEES," OF SECTION V,
"DEVELOPMENT FEES," OF APPENDIX A, "FEE SCHEDULE," TO THE
TOWN'S CODE OF ORDINANCES BY ADDING THERETO A NEW SUBPART
(1), "ENGINEERING PLAN REVIEW FEES"; REPEALING EXISTING SECTION
IX, "WATER AND SEWER RATES," AND REPLACING IT WITH A NEW
SECTION IX, "WATER AND SEWER RATES"; PROVIDING FOR REPEALING,
SAVINGS 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 that the various fees imposed by the Town should be revised; and
WHEREAS, the Town Council has reviewed the current and proposed fees and
recommends the adoption of revised fees in the Code of Ordinances as well as in Appendix A to
the Code of Ordinances; and
WHEREAS, the Town Council hereby finds and determines that it will be advantageous,
beneficial and in the best interests of the citizens of the Town to revise certain existing fees
imposed by the Town and replace them with fees that reflect actual and reasonable costs, as
hereinafter referenced.
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, existing Section I, "Construction
Permits and Fees," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances is hereby
amended by adding thereto a new Subsection (c), "Third Party Geotechnical and Material Testing
Fees," and a new Subsection (d), "Camera Inspection Fee for Wastewater Mains," to read as
follows..
"Sec. I Construction Permits and Fees
(c) Third Party Geotechnical and Material Testing Fee: The Town shall hire and
manage third -party geotechnical and material testing companies for any project where
such testing is deemed necessary and proper by the Town. The Town shall be
reimbursed by the developer for the Town's actual costs for such geotechnical and
material testing.
(d) Camera Inspection Fee for Wastewater Mains. Prior to Town acceptance of any
wastewater main, the Town shall inspect the wastewater main by camera. The fee for
such inspection shall be $1.00 per linear foot of wastewater main."
SECTION 2
From and after the effective date of this Ordinance, existing Subsection (2), "Other Fees,"
of Section V, "Development Fees," of Appendix A, "Fee Schedule," to the Town's Code of
Ordinances is hereby amended by adding thereto a new Subpart (1), "Engineering Plan Review
Fees," to read as follows:
"Sec. V Development Fees
(2) Other Fees.
(1) Engineering Plan Review Fee: $150.00 per project."
SECTION 3
From and after the effective date of this Ordinance, existing Section IX, "Water and Sewer
Rates," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances is hereby repealed in
its entirety and replaced with a new Section IX, to read as follows:
"Sec. IX Water and Sewer Rates
Please refer to chapter 13 utilities, article 13.07 utility bills, for additional information on the town's
utility billing policies.
(1) Late fees.
(A) All utility bill payments are due by the 10th day from the date of the bill
except when the tenth 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 tenth (10th) day will bear a late fee, as set
forth as follows, of the unpaid balance of the billed amount.
(2) Water and/or sewer connections. The town may extend water and sanitary sewer
mains in the streets, alleys and utility easements in the town in order to permit
connections for those persons desiring water and sewer service. The individual,
corporation or partnership requesting the service shall pay the town an amount equal
to the cost of all materials, labor, equipment and other costs to provide the requested
Ordinance No. 19-68, Page 2
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extension. At any time additional connections are made to the water and/or sewer
mains, the town may collect from the individual connecting to the main(s) an amount
equal to the proportional amount of footage of the connector's land abutting the sewer
and/or water and repay the same to the original requestor(s) of service or designated
recipients.
(3) Residential service rates.
(A) Residential water service rates:
Meter Size
Minimum Service
Charge (Effective
October 1, 2019)
3/4" or smaller
$12.75
ill
$21.25
1-1 /2"
$42.50
2"
$67.95
3"
$127.35
4"
$212.25
6"
$424.35
Volumetric Charge
Rate per 1,000
Gallons (Effective
October 1, 2019)
0-10,000 gallons
$4.28
10,001-40,000
$6.41
gallons
40,001-80,000
$9.63
gallons
80,001+ gallons
$14.44
(B) Residential wastewater service rates:
(i) All residential accounts, effective October 1, 2019, minimum service
charge: $28.40.
(ii) Volumetric charge: effective October 1, 2019, $4.90 per 1,000
gallons.
Ordinance No. 19-68, Page 3
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(iii) Wastewater volumetric charges on residential accounts are billed on
the winter average consumption during the months of December, January
and February.
(C) Additional residential service charges:
(i) Service initiation: $65.00.
(ii) Transfer fees: $20.00.
(iii) Meter accuracy rereads: $15.00.
(iv) Late fees: $10% of billed amount.
(v) Turn offs/reconnects:
a. During normal office hours: $50.00.
b. After normal office hours: $75.00.
(D) Multifamily dwellings, townhomes and other multitenant accounts served
by one master meter will be billed a minimum water charge per unit equal to the
3/4" residential base rate and the minimum service charge for wastewater. The
residential volumetric charges will apply as normally scheduled on all master
meter consumption for both water and wastewater services, except that winter
averaging will not be applied to multifamily dwellings served by one master
meter.
(E) Out of town rates are the same as in town rates for water and wastewater.
(F) Senior citizen water credit and storm drainage credit: Refer to chapter 13
utilities, section 13.07.008, senior affordability discount and penalty exemption.
(4) Commercial and temporary hydrant meter service rates.
(A) Commercial water service rates.
Meter Size
Minimum Service
Charge (Effective
October 1, 2019)
or smaller
$12.75
1 "
$21.25
1-1 /2"
$42.50
2"
1 $67.95
Ordinance No. 19-68, Page 4
3"
$127.35
4"
$212.25
6"
$424.35
Volumetric Charge
Rate per 1,000
Gallons (Effective
October 1, 2019)
0-10,000 gallons
$4.61
10,001-40,000
$5.77
gallons
40,001-80,000
$7.20
gallons
80,001 +
$9.01
(B) Commercial wastewater service rates:
(i) All commercial accounts: effective October 1, 2019, minimum service
$32.60.
(ii) Volumetric charge: effective October 1, 2019, $5.92 per 1,000
gallons.
(C) Additional commercial service charges:
(i) Service initiation: $75.00.
(ii) Transfer fees: $20.00.
(iii) Meter accuracy rereads: $15.00.
(iv) Late fees: $10% of billed amount.
(v) Turn offs/reconnects:
a. During normal office hours: $50.00.
b. After normal office hours: $75.00.
(D) Out of town rates are the same as in town rates for water and wastewater.
(5) Irrigation service rates.
(A) Irrigation water service rates:
Ordinance No. 19-68, Page 5
1
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Meter Size
Minimum Service
Charge (Effective
October 1, 2019)
3/4" or smaller
$4.70
1"
$7.75
1-1 /2"
$15.45
2"
$24.65
3"
$46.20
4"
$76.95
6"
$153.90
Volumetric Charge
Rate per 1,000
Gallons (Effective
October 1, 2019)
0-10,000 gallons
$6.46
10,001-40,000
$7.42
gallons
40,001-80,000
$8.53
gallons
80, 001 +
$9.81
(B) Irrigation wastewater service rates: Irrigation accounts are not billed for
wastewater services. Irrigation accounts are strictly for meters and water service
dedicated solely to furnish water service to lawn sprinkler or irrigation systems,
and do not directly receive wastewater services.
(C) Additional irrigation service charges:
(i) Service initiation: $75.00 commercial/$65.00 residential.
(ii) Transfer fees: $20.00.
(iii) Meter accuracy rereads: $15.00.
(iv) Late fees: 10% of billed amount.
(v) Turn offs/reconnects:
Ordinance No. 19-68, Page 6
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a. During normal office hours: $50.00.
b. After normal office hours: $75.00.
(D) Out of town rates are the same as in town rates for water.
(6) Wastewater Inflow Prevention Plan and Enforcement Fees
(A) Administrative Fees.
(1) Non -plugged wastewater lines and manholes under construction receiving
inflow:
First offense
Second offense
Third offense and subsequent
(2) Wastewater services plumbing open:
First offense
Second offense
Third offense and subsequent
(3) Wastewater services open/broken:
First offense
Second offense and subsequent
$ 500 per connection per day
$ 750 per connection per day
$1,000 per connection per day
$ 250 per connection per day
$ 400 per connection per day
$ 500 per connection per day
$ 100 per connection per day
$ 200 per connection per day
(B) Offenses will be reset January of even numbered years.
(C) Contesting Violations. A customer may request a hearing before a hearing
officer(s) appointed by the Executive Director of Development and Infrastructure
Services within fifteen (15) business days after the date on the Notice. The
decision by the Executive Director of Development and Infrastructure Services
is final and binding.
(D) Unpaid assessed administrative fees related to violations of wastewater
under the Town Plan shall incur late payment penalties and may result in
termination of work."
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 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 portion of conflicting
ordinances shall remain in full force and effect.
SECTION 5
Ordinance No. 19-68, Page 7
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town 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.
SECTION 6
This Ordinance shall become effective on October 1, 2019, and be in full force from and
after its passage and publication, as provided by the Revised Civil Statues of the State of Texas
and the Home Rule Charter of the Town of Prosper, Texas.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THJ$AQTV DAY OF SEPTEMBER, 2019.
OF •PRO
�•., S� APPROVED:
- O
, :� :: gacl
Ray Smit , Mayor
ATTEST: 19
Robyn B tle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. W61ch, Town Attorney
1
Ordinance No. 19-68, Page 8
Exhibit "A"
Town of Prosper Water and Sewer Rates
Effective First Full Billing Cycle Following October 1, 2019
Meter Size
Residential
Current Minimum Service
Charge
Proposed FY 2020
Minimum Service
Charge
or Smaller
$ 12.75
$ 12.75
1"
$ 21.25
$ 21.25
1'/z"
$ 42.50
$ 42.50
2"
$ 67.95
$ 67.95
3"
$127.35
$127.35
4"
$212.25
$212.25
6"
$424.35
$424.35
Volumetric Charges
Current Rate
per 1,000
Gallons
Proposed FY 2020
Rate per 1,000
Gallons
0-10,000 Gallons
$ 4.28
$ 4.28
10,001 - 40,000 Gallons
$ 6.41
$ 6.41
40,001 - 80,000 Gallons
$ 9.63
$ 9.63
80,001 - Plus
$14.44
$14.44
Residential
Current Minimum
Proposed FY 2020
Service Charge
Minimum Service
Charge
$ 28.40
$ 28.40
Current Rate per 1,000
Proposed FY20 Rate
Gallons
per 1,000 Gallons
$ 4.90
$ 4.90
Commercial•
Meter Size
Temp Hydrant
Rates
Current Minimum Service
Charge
Proposed FY 2020
Minimum Service
Charge
or Smaller
$ 9.80
$ 12.75
1"
$ 16.30
$ 21.25
1'/:"
$ 32.60
$ 42.50
2"
$ 52.10
$ 67.95
3"
$ 97.70
$127.35
4"
$162.80
$212.25
6"
$325.65
$424.35
Ordinance No. 19-68, Page 9
Volumetric Charges
Current Rate
per 1,000
Gallons
Proposed FY 2020
Rate per 1,000
Gallons
0-10,000 Gallons
$ 4.61
$ 4.61
10,001- 40,000 Gallons
$ 5.77
$ 5.77
40,001- 80,000 Gallons
$ 7.20
$ 7.20
80,001-Plus
$9.01
$9.01
Commercial
Current Minimum
Proposed FY 2020
Service Charge
Minimum Service
Charge
$ 32.60
$ 32.60
Current Rate per 1,000
Proposed FY20 Rate
Gallons
per 1,000 Gallons
$ 5.92
$ 5.92
Irrigation
Meter Size
Current Minimum
Proposed FY
Service Charge
2020 Minimum
Service Charge
or
$ 4.70
$ 4.70
Smaller
1"
$ 7.75
$ 7.75
1'/"
$15.45
$15.45
2"
$ 24.65
$ 24.65
3"
$ 46.20
$ 46.20
4"
$ 76.95
$ 76.95
6"
$153.90
$153.90
Volumetric Charges
Current Rate
Proposed FY
per 1,000
2020 Rate per
Gallons
1,000 Gallons
0-10,000
$ 6.46
$ 6.46
Gallons
10,001- 40,000
$ 7.42
$ 7.42
Gallons
40,001- 80,000
$ 8.53
$ 8.53
Gallons
80,001-Plus
$9.81
$9.81
Out of Town rates are the same as In Town rates for water and wastewater.
If the amount due on the 10th day of the month after the billing cycle is not paid in full, a ten
percent (10%) penalty of the most current balance shall be added to the account.
Temp Hydrant and Irrigation meters are not charged for wastewater. Service is dedicated solely
to furnish water service temporarily to a location or to furnish water service to lawn sprinkler or
irrigation systems.
Ordinance No. 19-68, Page 10