2020-34 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2020-34
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING CHAPTER 13, "UTILITIES," OF THE TOWN'S CODE OF
ORDINANCES, BY ADDING THERETO A NEW SECTION 13.07.009, "NO
PENALTIES OR DISCONNECTIONS DURING CORONAVIRUS PUBLIC
HEALTH EMERGENCY; AND CREATION OF CORONAVIRUS DISASTER
ECONOMIC RELIEF FUND"; MAKING FINDINGS; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on or about April 1, 2020, the Town Council adopted Ordinance No. 2020-
26, which Ordinance declared a disaster due to the Coronavirus public health emergency; and
WHEREAS, in Ordinance No. 2020-26, the Town Council made multiple findings of
facts, all of which are hereby incorporated into this Ordinance by reference; and
WHEREAS, the Town, as a home -rule municipality, possesses the full power of self-
government, pursuant to article XI, section 5 of the Texas Constitution, which includes the
authority to legislate for the betterment and health of its citizens; and
WHEREAS, article III, section 52-a of the Texas Constitution authorizes local
governments to make loans or grants of money "for the public purposes of development and
diversification of the economy of the state, the elimination of unemployment or
underemployment in the state, the stimulation of agricultural innovation, the fostering of the
growth of enterprises based on agriculture, or the development or expansion of transportation
or commerce in the state"; and
WHEREAS, Chapter 380 of the Texas Local Government Code provides in Section
380.001 thereof, that municipalities "may establish ... programs for making loans and grants
of public money and providing personnel and services of the municipality, to promote state or
local economic development and to stimulate business and commercial activity in the
municipality"; and
WHEREAS, Section 122.006 of the Texas Health and Safety Code provides, in part,
that home -rule municipalities may "adopt rules to protect the health of persons in the
municipality"; and
WHEREAS, during the pendency of the state of public health emergency as declared
by the Governor, it is the intent of the Town to charge no late fees or penalties, or disconnect
any utility services, to any utility customers in the Town; and
WHEREAS, the proposed Coronavirus Disaster Economic Relief Fund, the purpose of
which is to assist Town residents who temporarily need short-term assistance in paying Town
utility bills, clearly promotes both the public health and economic vitality of the Town, provides
temporary assistance to residents in need, and helps maintain the economic wellbeing of the
Town and its residents, and as such, constitutes a valid public purpose under Texas state law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Ordinance No. 2020-34, Page 1
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 Article 13.07, "Utility Bills," of
Chapter 13, "Utilities," of the Town's Code of Ordinances is hereby amended by adding thereto a
new Section 13.07.009, "Coronavirus Disaster Economic Relief Fund," to read as follows:
"ARTICLE 13.07 UTILITY BILLS
Sec. 13.07.009 No Penalties or Disconnections During Coronavirus Public Health
Emergency; and Creation of Coronavirus Disaster Economic Relief
Fund
(a) Late Payment Penalties and Disconnections. Notwithstanding any provision in this Article
to the contrary, during the pendency of the Coronavirus Public Health Emergency declared by the
Governor of the State of Texas, the Town shall not charge any late payment fees or penalties, or
terminate service to, any utility customer (either residential or commercial).
(b) Coronavirus Disaster Economic Relief Fund
(1) Purpose. The Town hereby authorizes up to $25,000.00 in reductions in monthly
single-family residential utility billings for Town residents who are eligible and
qualify for such reductions pursuant to the terms of this Section.
(2) Determination of Amount of Monthly Single -Family Residential Utility Billings
Eligible for Reduction. Town utility account holders are eligible to receive up to
two (2) months' worth of monthly single-family residential utility billings reduction
in any twelve (12) month period. Monthly single-family residential utility billings
shall be determined as follows: the Town -wide average monthly billing amount for
single-family residential water and wastewater services, plus the standard single-
family residential garbage service fee and the standard single-family residential
drainage fee, with all amounts as determined by the Town in its sole discretion.
(3) Determination of Eligibility for Reduction. The Town may utilize a partner agency
to assist in determining eligibility for any Reduction, and the Town Manager is
authorized to enter into an agreement or memorandum of understanding with such
partner agency. The partner agency shall utilize objective criteria in determining
eligibility for any Reduction, but shall consider both financial hardship and the
ability of a utility account holder to afford to pay all or part of his or her monthly
utility billing, utilizing such criteria as the partner agency determines to be
appropriate under the circumstances, without regard to age, race, sex, marital
status, disability, religious affiliation or any other legally protected status. Besides
determining eligibility for any Reduction, the partner agency shall promptly make
a recommendation to the Town of any proposed amount of such Reduction, never
to exceed the monthly amount determined in accordance with Subsection (b),
Ordinance No. 2020-34, Page 2
above. The Town may accept, deny or modify the recommendation from the
partner agency. If accepted, the Town shall credit the account holder the amount
of any such Reduction suggested by the partner agency and approved by the
Town.
(4) Expiration of Fund. The Coronavirus Disaster Economic Relief Fund shall expire
on May 1, 2021, without further action by the Town."
SECTION 3
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. 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 or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 5
This Ordinance shall become effective from and after its adoption, as provided by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 28TH DAY OF APRIL, 2020.
Ray Smith, Mayor
ATTEST:
5 3 1 7 1 1 1
�•� OF
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Melissa Lee, To Secretary
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APPROVED AS TO FORM AND LEGALITY:
1914
Terrence S. Welch, Town Attorney
Ordinance No. 2020-34, Page 3