09-051 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.09-051
AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING
ORDINANCE NOS. 02-33, 03-48 AND 05-72, COMPREHENSIVE FEE
SCHEDULE, SECTION 11 (WATER AND WASTEWATER RATES), EXHIBIT
"B"; 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 Nos. 02-33, 03-48 and 05-72, Comprehensive Fee
Schedule, Section 11 (Water and Wastewater Rates), Exhibit`B", to amend water and wastewater rates;
and
WHEREAS, the Town Council has investigated and determined that it would be advantageous
and beneficial to the citizens of Prosper to amend water and wastewater rates 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 Nos. 02-33, 03-48 and 05-72 Comprehensive Fee
Schedule, Section 11 (Water and Wastewater Rates), Exhibit`B". Ordinance Nos. 02-33, 03-48 and 05-
72 Comprehensive Fee Schedule, Section 11 (Water and Wastewater Rates), Exhibit `B" is hereby
amended and replaced with the Exhibit `B" attached hereto and incorporated herein for all purposes
which modifies the water and wastewater rates as set forth therein.
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance or Ordinance Nos. 02-33, 03-48 and 05-72 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, 03-48 and 05-72 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.
Fee Schedule Ordinance(Amend Nos.02-33,03-48 and 05-72—Exhibit B)
402696-1
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 PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS ON THIS 24th DAY OF MARCH, 2009.
CHARLES NISW ER,Mayor
ATTEST •
TTHEW D.DENTON,TRMC
Town Secretary
DATE OF PUBLICATION: AfIXe ' Eif/ , Dallas Morning News — Collin
County Edition
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Fee Schedule Ordinance(Amend Nos.02-33,03-48 and 05-72—Exhibit B)
402696-1
Exhibit`B"
Town of Prosper Water and Wastewater Rates
Effective May 2009
Residential Water Service Rates Residential Wastewater Service Rates
Meter Size Minimum Service Minimum Service
All Residential Accounts
Charge Charge
3/4" or Smaller $ 10.62 $ 16.38
1" $ 17.71
1 1/2" $ 35.41 Volumetric Charge Rate per 1,000 Gallons
2" $ 56.66 All $ 2.55
Volumetric Charges Rate per 1,000 Gallons Winter Averaging
0— 15,000 Gallons $ 3.57
15,001 —40,000 Gallons $ 5.35 Wastewater volumetric charges on residential accounts
40,001 —80,000 Gallons $ 8.03 are billed based on the Winter Average Consumption
80,001 —Plus $ 12.04 during the months of December,January and February.
•
Additional Residential Service Charges
Service Initiation $ 65.00 Transfer Fees $ 20.00
Meter Accuracy Re- $ 15.00 Late Fees 10% of Billed Amount
Reads
Turn Offs/Reconnects Turn Offs/Reconnects
During Normal Office $ 30.00 After Normal Office $ 60.00
Hours Hours
Senior citizen account holders who qualify are entitled to receive the first two thousand(2,000)gallons included as
part of the minimum bill for indoor residential accounts. To be eligible,the customer must be the listed account
holder age sixty-five(65)or older,complete an application for the discount,provide proof of age on a valid United
States or State ID and not be receiving the senior citizen discount on any other Town of Prosper account.
Late payment penalties shall be waived for any account holder,on that customer's residential utility bill,upon
request and presentation of adequate proof that the customer is either
• at least age sixty-five(65)and the recipient of social security or other bona fide retirement benefits
OR
• is totally disabled.
Out of Town rates are the same as In Town rates for water and wastewater.
Fee Schedule Ordinance(Amend Nos.02-33,03-48 and 05-72—Exhibit B)
402696-1
Exhibit`B"
Town of Prosper Water and Wastewater Rates
Effective May 2009
Commercial Water Service Rates Commercial Wastewater Service Rates
Meter Size Minimum Service All Commercial Minimum Service
Charge Accounts Charge
3/4" or Smaller $ 8.15 $ 18.77
1" $ 13.58
1 '/2" $ 27.16 Volumetric Charge Rate per 1,000 Gallons
2" $ 43.46 All $ 3.07
3" $ 81.48
4" $135.80
Volumetric Charges Rate per 1,000 Gallons
0— 15,000 Gallons $ 3.85
15,001 —40,000 Gallons $ 4.81
40,001 —80,000 Gallons $ 6.01
80,001 —Plus $ 7.52
•
Additional Commercial Service Charges •
Service Initiation $ 75.00 Transfer Fees $ 20.00
Meter Accuracy Re- $ 15.00 Late Fees 10%of Billed Amount
Reads
Turn Offs/Reconnects Turn Offs/Reconnects
During Normal Office $ 30.00 After Normal Office $ 60.00
Hours Hours
Multifamily Dwellings,Townhomes and other Multitenant Commercial Accounts served by one master meter will be
billed a minimum charge per unit equal to the 3/4"commercial base rate. The Commercial volumetric charges will
apply as normally scheduled on the master meter consumption.
Out of Town rates are the same as In Town rates for water and wastewater.
Fee Schedule Ordinance(Amend Nos.02-33,03-48 and 05-72—Exhibit B)
402696-1
Exhibit`B"
Town of Prosper Water and Wastewater Rates
Effective May 2009
Irrigation Water Service Rates Irrigation Wastewater Service Rates
Meter Size Minimum Service Irrigation Accounts are not billed for wastewater
Charge services.
3/4" or Smaller $ 3.85 Irrigation Accounts are strictly for meters and water service
1" $ 6.41 dedicated solely to furnish water service to lawn sprinkler or
1 1/4
" $ 12.83 irrigation systems,and do not directly receive wastewater
2" $ 20.52 services.
Volumetric Charges Rate per 1,000 Gallons
0— 15,000 Gallons $ 5.39
15,001 —40,000 Gallons $ 6.19
40,001 —80,000 Gallons $ 7.12
80,001 —Plus $ 8.19
Additional Irrigation Service Charges
Service Initiation $ 75.00 Transfer Fees $ 20.00
Meter Accuracy Re- $ 15.00 Late Fees 10% of Billed Amount
Reads
Turn Offs/Reconnects Turn Offs/Reconnects
During Normal Office $ 30.00 After Normal Office $ 60.00
Hours Hours
Out of Town rates are the same as In Town rates for water and wastewater.
Fee Schedule Ordinance(Amend Nos.02-33,03-48 and 05-72—Exhibit B)
402696-1
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF DALLAS
Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda
Black, Legal Advertising Representative for the DALLAS MORNING NEWS,being
duly sworn by oath, states the attached advertisement of:
Town of Prosper
as published in the Dallas Morning News on:
March 30, 2009
(Lyn a Black)
Sworn to and subscribed before me this March 30, 2009
"'Y°"" JAMES G. DRAKE
o1:� PCB
:a L, Notary Public,State of Texas
, My Commission Expires
• %P��„'�� June 16,2011
(Notary Public)