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03-48 - O 5441 00231+ 7 . 2903- 01 /4 13 TOWN OF PROSPER, TEXAS ORDINANCE NO. 03-48 AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING ORDINANCE NO. 02-33, COMPREHENSIVE FEE SCHEDULE, SECTION 11 (WATER AND SEWER RATES), EXHIBIT `B" (COMMERCIAL FEES); 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 that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Prosper") to amend Ordinance No. 02-33, Comprehensive Fee Schedule, Section 11 (Water and Sewer Rates), Exhibit `B" (Commercial Fees), to amend water rates for commercial users; and WHEREAS, the Town Council has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to amend water rates for commercial users, as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS: SECTION 1: Findings. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 02-33 Comprehensive Fee Schedule, Section 11 (Water and Sewer Rates), Exhibit "B" (Commercial Fees). Ordinance No. 02-33 Comprehensive Fee Schedule, Section 11 (Water and Sewer Rates), Exhibit `B" (Commercial Rates) is hereby amended to increase the water rates for commercial users as set forth in Exhibit "B", attached hereto and incorporated herein for all purposes. SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or Ordinance No. 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 No. 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 FEE SCHEDULE ORDINANCE(Amend No.02-33—Exhibit B(Commercial Water Rates)—Page 1 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance 03-48.doc 5441 002348 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 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 from and after its adoption and publication as required by law. DULY::' SSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF Qwayr ak. AS ON THIS 17th DAY OF JUNE, 2003. \ CHARLES NISWAN R, Mayor ...., lAT"i�'' 0 AND CORRECTLY RECORDED BY: cjmitiwt, AMBER PHILLIPS Town Secretary DATE OF PUBLICATION: June 20,McKinney Courier Gazette. FEE SCHEDULE ORDINANCE(Amend No.02-33—Exhibit B (Commercial Water Rates)—Page 2 C:\Documents and Settings\Amber\My Documents\ORDINANCES\Ordinance 03-48.doc Water Rates Sewer Rates 5%Rate Increase 10%Rate Increase Residential Residential Base Rate up to 2,000 gallons $10.25 Base Rate up to 2,000 gallons $11.70 2,001-40,000 _ $3.57/ 1000 $1.75/1000 over 2001 40,001-80,000 $4.72/ 1000 $30.25 Maximum Charge _ 80,001-100,000 $6.82/ 1000 _ _ 100,001 + $11.55/ 1000 Commercial Commercial Base Rate up to 2,000 gallons $10.75 Base Rate up to 2,000 gallons _ $12.80 2,001-40,000 $3.74/ 1000 $2.10/1000 over 2001 40,001-80,000 _ $4.95/ 1000 $50.25 Maximum Charge 80,001+ $6.06/ 1000 Outside City Limits Above rates x 2 Outside City Limits Multiply above rates by 1.5 Reconnect Fees $30.00/$40.00 Multi-Family _ same as residential Transfer Fees $20.00 Service Initiation $65.00 Residential Service Initiation $75 Commercial c.ri Late Fees 10% of bill Turn Offs I Reconnects $15.00/$30.00 — Meter Accuracy Re-Reads $15.00 N W (?��`tC�r 544I, 002350 Gl. u ID - 16 wU F Oel) SP K- Pc) u 301 �Po 7 75CM rtlIC�STNESALE.HEyACE SRNVALD AND N HEREIN`NNICN RED DOLOR 0 COWNI NV NOV\R• EAL pRongri pAL IAW (COUN1Y OF o%elite DESCRI*C TEXAS RFEDE nt FILEOirtt„RCORD�t seguenWO WW1C ( SSACen'"yI' �LtlMsmsetoi ewes y l lime Sl ;ny of Co n Cou�lY,teas kecadsolRea 0 8 v61° g.v ' 4p F.11E�d for Record in: Lo i i n County, c i nney TX Honorable Brenda Taylor Collin County Clerk On Jun 18 2003 At 11:32am Doc/glum : 2003- 0114013 iecordin /Type:OR 15.00 Receipt #: 23745 • - 1 PUSL=S HER ' S AFF I DAAT I T THE STATE OF TEXAS COUNTY OF COLLIN - McKinney Courier-Gazette— Friday, June 20, 2003 — Page 3 Before me, this undersigned authority, on this day perauualiy appeared Jim moser who being by me duly sworn, deposes and says that he is the Publisher of:The McKinney Cburier-Gazette and that said newspaper meets the requirements of Section 201.004, 201.005 and 201.006 of the Texas Government Code, to wit: Printer's Fes $ /S • AA No. C 3 Description: _ 3 1. It devotes not less than twenty-five percent (251) of its Notices total column lineage to general interest items; Legal Notices 2. it is published at least once each week; To be published in the McKinney Courier-Gazette on 3. it is entered as second-class postal matter in the county Friday,June 20,2003. where it is published; LEGAL NOTICE TOWN OF PROSPER,TEXAS 4. it has been published regularly and continuously since ORDINANCE NO.03-48 AN OF THE 1897; and TOWN ORDINANCEOF THE PROSPER, TEXAS; AMENDING 2-33, 5. it is generallycirculated within Collin County. ORDINANCE NO. 0FEE COMPREHENSIVE FEE SCHEDULE, SECTION 11 Publisher further deposes and says that the attached notice was published in said net+ RATES), E HIBITSEWEB te(s) to wit; (COMMERCIAL FEES); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN ✓�vv � PFFECTIVEROVIDING FORR; TAHE PROVIDING THE PUBLICATION OF THE CAPTION HEREOF. , 2003 AD Jim Moser Editor and Publisher SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who L./a) is personally known to me, or b) provided the f wing evidence to establish his/her identity, on this the S day of , A.D. 2003 to certify which witness , and and seal of office. Notary P blic, State of Texas (SEAL) COMMISSION EXPIRES LAVERNE GRAVES 1__, Notary Public,State of Texas y/� My Commission Expires 0,S-. 05-12-2005 � 1 McKinney Courier-Gazette — Friday, June 20, 2003 — Page 3 Notices Legal Notices To be published in the McKinney Courier-Gazette on Friday,June 20,2003. LEGAL NOTICE TOWN OF PROSPER,TEEXAS ORDINANCE NO.03-48 AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING ORDINANCE NO. 02-33, COMPREHENSIVE FEE SCHEDULE, SECTION 11 (WATER AND SEWER RATES), EXHIBIT "B" (COMMERCIAL FEES); 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.