06-131 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-131
AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING
ORDINANCE NOS. 02-33, 04-115, AND 06-04; 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, 04-115, and 06-04; 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, 04-115, and 06-04. Ordinance Nos. 02-33,
04-115, and 06-04 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, 04-115, and 06-04, nor shall the amendment prevent a prosecution from being commenced for
any violation if occurring prior to the amendment of Ordinance Nos. 02-33, 04-115, and 06-04.
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
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.
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 12th DAY OF DECEMBER, 2006.
RLE NISWAN R
Mayor
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DATE OF PUBLICATION: ,Dallas Morning News-Collin County Edition
Exhibit "C"
Rates for Collection Solid Waste and Recyclables
Monthly Charge Monthly Charge
(Inside Town Limits) (Outside Town Limits)
Residential Collection with Recycling*
RE(one cart) $10.24 $20.19
R2(two carts) $14.46 $25.47
R3 (three carts) $18.68 $30.75
R4(four carts) $22.89 $36.02
R5(five carts) $27.12 $41.29
Commercial Collection*
1-95 gallon cart $ 19.58
2-95 gallon carts $ 31.59
3 -95 gallon carts $ 42.14
4-95 gallon carts $ 52.69
Commercial Dumpsters*
3-yard @ 1 pickup/week $ 62.23
3-yard @ 2 pickups/week $ 112.85
4-yard @ 1 pickup/week $ 67.51
4-yard @ 2 pickups/week $ 126.57
6-yard @ 1 pickup/week $ 92.82
6-yard @ 2 pickups/week $ 179.31
8-yard @ 1 pickup/week $ 113.92
8-yard @ 2 pickups/week $ 205.67
Extra Pickups,Each $ 47.46
Delivery Charge $ 58.00
*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.
•
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. 06-131 December 16, 2006
AN ORDINANCE OF
THE TOWN OF THE
PROSPER, TEXAS;
AMENDING ORDI-
NANCE NOS. 02-33, 04-
IHE UPDAT-
ING
THE COMPREHEN-
SIVE COMPREHEN-
SIVE FEE SCHEDULE;
PROVIDING FOR
RATES FOR THE COL-
LECTION OF SOLID
WASTE AND RECYCLA-
BLES;
PROVIDING FOR
A PENALTY FOR THEV
ORDINANCE;C PROVID (Lynda Black)
ING FOR SAVINGS, RE-
PEALING AND SEVER-
ABILITY CLAUSES;
PROVIDING FOR AN
EFFECTIVE DATE;
AND PROVIDING FOR
THE PUBLICATION OF
THE CAPTION HEREOF
Sworn to and subscribed before me this December 19, 2006, A.D
, l
`��`��P.T..N/�j�`' (Lisa Batt field)