06-004 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.06-04
AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING ORDINANCE NOS.
02-33 AND 04-115; UPDATING THE COMPREHENSIVE FEE SCHEDULE; PROVIDING FOR
RATES FOR THE COLLECTION OF SOLID WASTE AND RECYCLABLES; 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 and 04-115; and
WHEREAS, the Town Council has investigated and determined that it would be advantageous and
beneficial to the citizens of Prosper to provide for rates for the collection of solid waste and recyclables as set forth
below; and
WHEREAS, the Town Council has investigated and determined that it would be advantageous and
beneficial to the citizens of Prosper to update the comprehensive fee schedule by adding Exhibit "C" 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 of Ordinance Nos. 02-33 and 04-115. Ordinance Nos. 02-33 and 04-115 are
hereby amended to update the comprehensive fee schedule by adding the attached Exhibit"C". Such repeal shall
not abate any pending prosecution for violation of the amended Ordinance Nos. 02-33 and 04-115, nor shall the
amendment prevent a prosecution from being commenced for any violation if occurring prior to the amendment of
Ordinance Nos. 02-33 and 04-115.
SECTION 3: Rates for the Collection of Solid Waste and Recyclables. The rates for the collection of solid
waste and recyclables set forth in Exhibit"C", attached hereto and incorporated herein for all purposes, are hereby
adopted.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance
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 5: 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.
C:\Documents and Settings\Shanae Jennings\My Documents\ORDINANCES &
RESOLUTIONS\ORDINANCES\2006 Ordinances and Resolutions\06-04, Ordinance- Soild Waste and Recycling
Fees(Amendment to 02-33 and 04-115).doc
SECTION 6: 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. 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 7: 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 10th
DAY OF-JANUARY,2006.
ARLES NIS ANGER, M
ATTESTED TO:
SH AE JENNINGS, n Secretary
DATE OF PUBLICATION: 1I2.4blp 4 (/21 (O(o , Dallas Morning News-Collin
County Edition l
C:\Documents and Settings\Shanae Jennings\My Documents\ORDINANCES &
RESOLUTIONS\ORDINANCES\2006 Ordinances and Resolutions\06-04, Ordinance- Soild Waste and Recycling
Fees(Amendment to 02-33 and 04-115).doc
Exhibit"C"
Rates for Collection Solid Waste and Recyclables
Monthly Charge Monthly Charge(Outside
(Inside Town Limits) Town Limits)
Residential Collection with Recycling*
RE(one cart) $10.07 $19.86
R2(two carts) $14.22 $25.05
R3(three carts) $18.37 $30.24
R4(four carts) $22.51 $35.42
R5(five carts) $26.67 $40.61
Commercial Collection*
1-95 gallon cart $ 19.26
2-95 gallon carts $ 31.07
3-95 gallon carts $ 41.44
4-95 gallon carts $ 51.82
Commercial Dumpsters*
3-yard @ 1 pickup/week $ 61.20
3-yard @ 2 pickups/week $ 110.99
4-yard @ 1 pickup/week $ 66.39
4-yard @ 2 pickups/week $ 124.48
6-yard @ 1 pickup/week $ 91.29
6-yard @ 2 pickups/week $ 176.35
8-yard @ 1 pickup/week $ 112.04
8-yard @ 2 pickups/week $ 202.28
Extra Pickups, Each $ 46.68
Delivery Charge $ 57.05
*All residential and commercial accounts shall also be assessed a fuel surcharge in accordance with the Town's
contract with IESI dated December 22, 2005.
C:\Documents and Settings\Shanae Jennings\My Documents\ORDINANCES &
RESOLUTIONS\ORDINANCES\2006 Ordinances and Resolutions\06-04, Ordinance- Soild Waste and Recycling
Fees(Amendment to 02-33 and 04-115).doc
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—Metro Collin County Edition on:
TOWN OF January 20, 2006
'ORDINANCE NO.05 04
January 21, 2006
AN ORDINANCE OF
THE TOWN OF THE
PROSPER, TEXAS;
' AMENDING ORDI-
NANCE NOS. 02-33 AND,
04-115; UPDATING THE
COMPREHENSIVE FEE,
SCHEDULE; PROVID'
ING FOR RATES FOR
THE,COLLECTION OF
SOLID
ABLESE PROVID-
ING FORA PENALTY
FOR THE VIOLATION
OF THIS'ORDINANCE;
PROVIDING FOR SAV-:
INGS,REPEALING AND
SEVERABILITY CLAUS-
AN'EFFECTIDVIE DATE
AND PROVIDING FOR (Lynda Black)
THE CAPTION HEREOF
Sworn to and subscribed before me this January 23, 2006, A.D
11)It ��0^0P�•'a
(Lisa Batte e d)
t,i-
'0i8CflF';;.•