2021-09 - O - Amending Chapter 13, “Utilities,” Section 13.07.009(a), Penalties or Disconnections During Coronavirus Public Health Emergency; and Creation of Coronavirus Disaster Economic Relief Fund” establishing an effective date to reinstate late payTOWN OF PROSPER, TEXAS
ORDINANCE NO. 2021-09
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SUBSECTION (a), "LATE PAYMENT PENALTIES AND
DISCONNECTIONS," OF SECTION 13.07.009, "NO PENALTIES OR
DISCONNECTIONS DURING CORONAVIRUS PUBLIC HEALTH
EMERGENCY; AND CREATION OF CORONAVIRUS DISASTER ECONOMIC
RELIEF FUND," OF ARTICLE 13.07, "UTILITY BILLS," OF CHAPTER 13,
"UTILITIES," OF THE TOWN'S CODE OF ORDINANCES, BY RENAMING
SECTION 13.07.009 "PENALTIES OR DISCONNECTIONS DURING
CORONAVIRUS PUBLIC HEALTH EMERGENCY; AND CREATION OF
CORONAVIRUS DISASTER ECONOMIC RELIEF FUND"; AND ADDRESSING
IN SUBSECTION (a) THEREOF PENALTIES AND DISCONNECTIONS DURING
THE CORONAVIRUS PUBLIC HEALTH EMERGENCY; MAKING FINDINGS;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about April 28, 2020, the Town Council created the Coronavirus
Disaster Economic Relief Fund, a program to assist utility account holders who may be late in
payments of their utility bills as a result of the Coronavirus public health emergency; and
WHEREAS, approximately nine (9) months subsequent to the adoption of the
Coronavirus Disaster Economic Relief Fund, certain revisions to said program merit minor
revisions; 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 it is in the exercise of such
powers and authority that the Town Council adopts this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
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, Subsection (a), "Late Payment
Penalties and Disconnections," of Section 13.07.009, "No Penalties or Disconnections during
Coronavirus Public Health Emergency; and Creation of Coronavirus Disaster Economic Relief
Fund," of Article 13.07, "Utility Bills," of Chapter 13, "Utilities," of the Town's Code of Ordinances,
is hereby amended to read as follows:
"ARTICLE 13.07 UTILITY BILLS
Ordinance No. 2021-09, Page 1
Sec.13.07.009 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, and effective May 1, 2021, the Town shall charge late payment
fees or penalties, and further, may terminate service to any utility customer (either residential or
commercial) when an outstanding balance reaches an amount equal to two (2) months' worth of
monthly single-family residential utility billings in the previous (rolling) 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."
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 9TH DAY OF FEBRUARY, 2021.
Ray Smith, M yor
ATTEST:
OF PR
Melissa Lee, To n Secretary ' • aS
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
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Ordinance No. 2021-09, Page 2 �" s o I III %