06-120 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-120
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS; AMENDING
ORDINANCE NO. 06-48, PARAGRAPH 3 OF SECTION 2,
TERMINATION/DISCONNECTION OF SERVICES; 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 of Prosper, Texas (the "Town") has investigated and
determined that it would be advantageous and beneficial to the citizens of the Town of
Prosper, (Texas ("Prosper")to amend Ordinance No. 06-48 as set forth below.
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. Amendment to Ordinance No. 06-48, Paragraph 3 of Section 2
(Termination/Disconnection of Services) Ordinance No. 06-48, Paragraph 3 of Section 2
(Termination/Disconnection of Services) is hereby amended to read as follows:
The rates and charges set forth in this Ordinance shall be mailed by Town and shall be
due and payable by the customers of the Water, Sanitary Sewer and Garbage Collection
System on the tenth (10th) day of each month after the billing cycle. In the event the tenth
(10th) day is a holiday recognized by the Town or a weekend, the rates and charges shall be
due and payable on the first business day following said holiday or weekend.
a. Should the amount due on the 10th day of the month after the billing
cycle not be paid in full, a ten percent (10%) penalty shall be added to
the amount past due and unpaid.
b. Town will issue a past due notice if payment has not been made by the
due date which will also serve as a notice of possible service
termination. The customer is subject to service discontinuation on the
tenth (10th) day after the bill comes due. Town is not required to send
additional notices other than the past due notice in order to be
authorized to discontinue service.
c. Should service be discontinued to any user or customer herein and the
amount past due and delinquent be paid thereafter, such service may be
resumed, but there shall be charges and collected a fee for reconnection
Amending Ordinance No.06-48 regarding Termination/Disconnection of Services Page 1
459869.v1
to the Water system. The following fee schedule shall apply for
reconnection services:
During normal working hours $30.00
After normal working hours, weekends and holidays $40.00
Section 3. Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance or Ordinance No. 06-48, shall be deemed guilty of a misdemeanor,
and upon conviction thereof, shall be subject to a fine not to exceed the sum of TWO
THOUSAND AND NO/100 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 from filing suit to enjoin the violation. The Town
retains all legal rights and remedies available to it pursuant to local, state and federal law.
Section 4. 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, sentence, clause or phrase thereof regardless of the
fact that any one or more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
Section 5. 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 14th day of November, 2006.
CHARLES SWANGER, Mayor
ATTESTED AND CORRECTLY
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Date(s)of Publication: L_ , The Dallas Morning News—Collin County Edition
Amending Ordinance No.06-48 regarding Termination/Disconnection of Services Page 2
459869.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—Collin County Edition
TOWN OF PROSPER, , �;>
TEXAS ORDINANCE ,
NO. 06-120
AN ORDINANCE OF TEXAS OF November 20, 2006
THE TOWN OF PROS- NO.06-120
PER, TEXAS; AMEND-
ING ORDINANCE NO.06- AN ORDINANCE OF November 21, 2006
48, PARAGRAPH 3 OF THE TOWN OF PROS-
SECTION 2, TERMINA- PER, TEXAS; AMEND-
TION/DISCONNECTION ING ORDINANCE NO.06-
OF SERVICES; PROVID- 48, PARAGRAPH 3 OF
ING FOR A PENALTY SECTION 2, TERMINA-
FOR THE VIOLATION TION/DISCONNECTION j-
OF THIS ORDINANCE; OF SERVICES; PROVID- /
PROVIDING FOR RE- ING FOR A PENALTY
PEALING, SAVINGS FOR THE VIOLATION jr �� %
AND SEVERABILITY OF THIS ORDINANCE; /
CLAUSES; PROVIDING PROVIDING FOR RE- /�/ '^"�I��/�'✓
FOR AN EFFECTIVE PEALING, SAVINGS l/�/ ` CL
DATE OF THIS ORDI- AND SEVERABILITY
NANCE; AND PROVID- CLAUSES; PROVIDING
ING FOR THE PUBLI- FOR AN EFFECTIVE
CATION OF THE CAP- DATE OF THIS ORDI- (Lynda Black)
TION HEREOF. NANCE; AND PROVID-
ING FOR THE PUBLI-
TION HEREOF. CAP-
Sworn to and subscribed before me this November 21, 2006, A.D
�a"►eve 3NERRY .1, GHA3TEEN
t'+�• Notary Rink Stave 0f Texas
't '' i� } MY Commiosion Expires
tFo�Et+'~ June 10,2009
„iN���N (She . Chasteen)