09-138 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 09-138
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
SECTION 2 AND 5 OF THE CONTRACTOR REGISTRATION ORDINANCE
NO. 06-37 TO REMOVE SECTION 2: A. 1. d.; REMOVE SECTION 2: A. 4. c.;
AND AMEND SECTION 5 REGISTRATION FEE AND RENEWAL;
PROVIDING FOR SAVINGS/REPEALING, PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; 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
investigated and determined that it would be in the best interest of the Town of Prosper, Texas (the
"Town") and its inhabitants to correspond with State law changes for licensing and registration
requirements.
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. This Ordinance will amend changes for General and
Plumbing Contractors only.
SECTION 2: Removal of item d. of Section 2. A. 1.: General Contractors are required to
submit the following information:
Proof that the contractor or the contractor's employer is registered with the Texas
Residential Construction Commission(TRCC), unless exempted by the TRCC is
hereby removed from the codified version of the Prosper Contractor Registration
Ordinance.
SECTION 3: Removal of item c. of Section 2. A. 4.: Plumbing Contractors are required to
submit the following information:
Proof that the contractor or the contractor's employer maintains liability
insurance in the minimum amount of One Hundred Thousand Dollars
($100,000.00) or a bond of equal value is hereby removed from the codified
version of the Prosper Contractor Registration Ordinance.
SECTION 4: Amendment to Section 5 Registration Fee and Renewal of the Prosper Contractor
Registration Ordinance. Section 5 of the Prosper Contractor Registration Ordinances is amended to read
as follows:
"Contractor Registration period shall begin from January 1st and expire annually
on December 315t. The annual fee for registration shall be One Hundred Dollars
($100.00) and shall be submitted with each complete application for registration except
for Plumbing Contractor which is exempt from registration fee. Registration shall be
renewed annually by completing a new application, as supplied by the town. The fee for
renewal shall be the same as for the initial registration. Contractor registration fees shall
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not be pro-rated for registrations or renewals applied for after January 31S`. No permits
shall be issued and inspections may be placed on hold for a contractor whose registration
has expired."
SECTION 5: Savings/Repealing Clause. Ordinance No. 06-37 shall remain in full force and
effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed, 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
ordinance shall remain in full force and effect.
Section 6: Penalty for Violation. Any person, firm, corporation or business entity violating this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum
not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance
shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude
the Town of Prosper from filing suit to enjoin the violation. The Town of Prosper retains all legal rights
and remedies available to it pursuant to local, state and federal law.
SECTION 7: 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. The
Town of 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.
SECTION 8: Effective Date. This Ordinance shall be effective immediately upon its passage
and publication as required by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER,TEXAS,on this 8th day of December, 2009.
arles Niswanger,Mayor
ATTESTED AND CORRECTLY
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