07-071 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO.07-071
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, ESTABLISHING
A MUNICIPAL DRAINAGE UTILITY SYSTEM PURSUANT TO
AUTHORITY CONTAINED IN V.T.C.A., LOCAL GOVERNMENT CODE,
SECTION 402.041, ET .SEQ.; PROVIDING FOR A 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
investigated and determined that it would be in the best interest of the Town of Prosper, Texas (the
"Town") and its inhabitants to establish a Municipal Drainage Utility System, pursuant to authority
contained in V.T.C.A., Local Government Code, Section 402.041, et seq., 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 Municipal Drainage Utility System
pursuant to V.T.C.A., Local Government Code, Section 402.041, et seq.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: Findings Incomorated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Municipal Drainage Utility System -- Established.
(a) The Town Council hereby finds it in the public interest to protect the health,
safety and welfare of the Town of Prosper, and the public at large, from loss
of life and property caused by surface water overflows, surface water
stagnation, and pollution arising from nonsource runoff within the service
area.
(b) The Town Council further finds:
1) The Town will establish a schedule of drainage charges against all
real property in the service area as authorized by V.T.C.A., Local
Government Code, Section 402.041, et seq.
2) The Town will provide drainage for all real property in the service
area on payment of drainage charges, except real property exempted
under State law
3) The Town will offer drainage service on nondiscriminatory,
reasonable and equitable terms.
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(c) A municipal drainage utility system is hereby established within the corporate
limits of the Town, as they currently exist or may be altered, and declared to
be a public utility. The Town shall have full authority to operate said
municipal drainage utility system pursuant to authority contained in
V.T.C.A., Local Government Code, Section 402.041, et. seq., the Town
Charter, and its home -rule authority as provided under Article XI, Section 5,
of the Texas Constitution.
(d) The Town Council may, by ordinance, adopt rules for the operation and
conduct of this system consistent with its authority and state law.
(e) Prior to the levy of any drainage charges, the Town Council shall hold a
public hearing on the charges pursuant to state law, and may impose an initial
charge to recoup the costs of an impervious engineering study to establish the
charges.
SECTION 3: 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
violation. Prosper retains all legal rights and remedies available to it pursuant to local, state, and
federal law.
SECTION 4: Savings/RepealingClause. lause. 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, 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 6: 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 141h day of August, 2007.
4CharlesNiswanger, M
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ATTESTED AND CORRECTLY
RECORDED:—�
Vatthew Denton, TRMC
own Secretary
Date(s) of Publication Olv&q , in the PAI"s G� AAA .
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