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09-055 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.09-055 AN ORDINANCE OF THE TOWN OF PROSPER,TEXAS,ESTABLISHING A MUNICIPAL DRAINAGE UTILITY SYSTEM FEE SCHEDULE PURSUANT TO AUTHORITY CONTAINED IN THE MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT;PROVIDING FORA PENALTY FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas, (the "Town Council") has established a Municipal Drainage Utility System and declared said system to be a public utility by Ordinance No.07-71 pursuant to the authority contained in the Municipal Drainage Utility Systems Act(the"Act"),the Town Charter,and its home-rule authority as provided under Article XI,Section 5, of the Texas Constitution; and WHEREAS, Town Council desires to establish a fee schedule of drainage charges to be collected through the Town's public utility billings pursuant to the Municipal Drainage Utility Systems Act. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Drainage Utility System Fee Schedule. (a) The following fees are hereby established and shall be collected through the Town's bill for public utilities pursuant to the Act and other applicable law. Fees shall be based on a property's impact on the Town's drainage utility system.Impact shall be based on the parcel size for residential property and the impervious area for all other non-exempt property. Ten(10)percent of the area of the public streets and sidewalks on a property shall count towards that property's impervious area.The drainage utility fees shall be established according to the following schedule on a monthly basis: rProperty Type Pa (scge fS)ize Fees/Rates Single-Family Residential Tier 1 <10,000 $2.75 Tier 2 >10,000 $3.85 All Other Non-Exempt $0.056 per 100 sq ft of impervious area; the minimum fee shall be$2.75 per property; Property the maximum fee shall be$200 per property Ordinance Establishing Municipal Utility System Fees Page 1 541607.v1 (b) The following shall not be assessed a Drainage Utility System Fee: (1) Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the Town in which the property is located for maintenance. (2) A subdivided lot,until a structure has been built on the lot and a Certificate of Occupancy has been issued by the Town. (3) State property. (4) Public or private institutions of higher education property. (5) Town property. (6) Public School District property. (7) Property owned by a religious organization that is exempt from taxation pursuant to Section 11.20, Texas Tax Code, as amended. (c) All billings,credits,exemptions,rules,and other procedures relating to this drainage fee shall be subject to the provisions of V.T.C.A.,Local Government Code, Section 402.041 et seq., and shall specifically include the following: (1) There shall be a charge on each monthly utility statement for the Municipal Drainage Utility System pursuant to Ordinance No. 07-71 and as authorized herein. The Town Manager or his designee is authorized to collect such charges in a manner consistent with the Town Charter and state law. The drainage fee will be a separate line item on the utility statement and shall be clearly identified as a separate charge. (2) Except as otherwise provided herein, billing, charges and collection procedures shall be consistent with that for the water and sewer services. (3) Drainage charges shall be identified separately on the utility billing. Billing shall be consistent with V.T.C.A.,Local Government Code,Section 402.048, as it exists or may be amended. (4) Delinquent charges shall be collected in a manner consistent with V.T.C.A., Local Government Code 402.050, as it exists or may be amended and other applicable law. (5) The Town Manager or his designee(s)may,from time to time,adopt rules for the administration of the drainage charge. SECTION 2: Penalty Provision. Any person,firm,entity or corporation who violates any provision of this Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor,and upon conviction therefore, shall be fined in a sum not exceeding Two Thousand Dollars($2,000.00). Each continuing day's violation shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the Ordinance Establishing Municipal Utility System Fees Page 2 541607.v1 violation. Prosper retains all legal rights and remedies available to it pursuant to local, state, and federal law. SECTION 3: Savings/Repealing Clause. 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 4: Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall go into effect on July 1, 2009. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS, on this 14th day of April, 2009. ar es swanger, Or ATTESTED AND CORRECTLY ���,�'®� ®F©P�®�,'® ,p 0 ratthew D. Denton, TRMC Town Secretary Sib °0 ®®® •�O'®.00000°P° ©% ®'i TEXAS see Date(s)of Publication/ �s G , in the Dallas Morning News. Ordinance Establishing Municipal Utility System Fees Page 3 541607.v1 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: TF PROSPER`TEXAS ( April 30, 2009 `ORDINANCE NO.09-055 :AN ORDINANCE OF THE, ;TOWN OF PROSPER,.. TEXAS, ESTABLISHING IAA MU '•,, i J.'DRAIN- ;AGE. • , k1• iY�STEM- ANT, c � - ujSU- .CONTAII IN' THE' IMUNICIP RAINAGE ,UTILITY SYSTEMS ACT; PROVIDING FOR A PEN-' ALTY FOR THE VIOLA= ,TION-,OF THIS ORDI-- 'NANCE; PROVIDING ;FOR REPEALING, SAV-_ I INGS AND SEVERABILI-. CLAUSES; PROVID- ING FOR AN EFFEC (Lynda B ack) TIVE DATE OF THIS ORDINANCE; AND PRO- VIDING FOR THE PUB- LICATION OF THE CAP- TION HEREOF.immumuipiumml - i Sworn to and subscribed before me this April 30, 2009 otary Public) .•`‘NERINNA \l oRY PU&c •• �i i • EoM .••• \'11 � '25