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05-72 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 05-72 AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING ORDINANCE NOS. 02-33 AND 03-48, COMPREHENSIVE FEE SCHEDULE, SECTION 11 (WATER AND SEWER RATES), EXHIBIT "B"; 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 03-48, Comprehensive Fee Schedule, Section 11 (Water and Sewer Rates), Exhibit"B",to amend water and sewer rates; and WHEREAS, the Town Council has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to amend water and sewer rates 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 to Ordinance Nos. 02-33 and 03-48 Comprehensive Fee Schedule, Section 11 (Water and Sewer Rates), Exhibit"B". Ordinance Nos. 02-33 and 03-48 Comprehensive Fee Schedule, Section 11 (Water and Sewer Rates), Exhibit "B" is hereby amended and replaced with the Exhibit "B" attached hereto and incorporated herein for all purposes which increases the water and sewer rates as set forth therein. SECTION 3: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance or Ordinance Nos. 02-33 and 03-48 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 4: Savings/Repealing Clause. Ordinance Nos. 02-33 and 03-48 shall remain in full force and effect except as amended by this or any other ordinance. 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, 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. Fee Schedule Ordinance(Amend Nos.02-33 and 03-48—Exhibit B) Page 1 402696-1 SECTION 6: 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 13th DAY OF SEPTEMBER, 2005. CH ES SWANGE yor ATTESTED TO: HANAE JENNING wn Secretary DATE OF PUBLICATION: 9 o 4. .- v ,45— , Dallas Morning News—Collin County Edition Fee Schedule Ordinance(Amend Nos. 02-33 and 03-48—Exhibit B) Page 2 402696-1 Exhibit"B" Town of Prosper-Water and Sewer Rates Water Rates(effective October 2006) Sewer(Wastewater) Rates(effective October 2006) Residential Residential Base Rate up to 2,000 gallons $13.45 Base Rate up to 2,000 gallons $15.45 2,001 - 15,000 gallons $4.67/ 1,000 gallons Over 2,000 gallons $2.31 /1,000 gallons 15,001 -30,000 gallons $5.42/ 1,000 gallons $39.94 Maximum Charge 30,001 -40,000 gallons $6.17/ 1,000 gallons 40,001 -80,000 gallons $6.92/ 1,000 gallons 80,001 - 100,000 gallons $7.67/ 1,000 gallons Over 100,000 gallons $11.55/ 1,000 gallons Commercial Commercial Base Rate up to 2,000 gallons $13.58 Base Rate up to 2,000 gallons $16.91 2,001 - 15,000 gallons $4.73/ 1,000 gallons Over 2,000 gallons $2.77/ 1,000 gallons 15,001 -30,000 gallons $5.48/ 1,000 gallons $66.30 Maximum Charge 30,001 -40,000 gallons $6.23/ 1,000 gallons 40,001 -80,000 gallons $6.98/ 1,000 gallons 80,001 - 100,000 gallons $7.18/1,000 gallons Over 100,000 gallons $7.18/1,000 gallons Outside Town Limits Above rates x 2 Outside Town Limits Multiply above rates by 1.5 Transfer Fees $20.00 Service Initiation $65.00 Residential Service Initiation $75 Commercial Late Fees 10%of bill Turn Offs I Reconnects $30.00/$40.00 (after hours, weekends and holidays) Meter Accuracy Re-Reads $15.00 Fee Schedule Ordinance(Amend Nos. 02-33 and 03-48-Exhibit B) Page 4 402696-1 Exhibit"B" Town of Prosper-Water and Sewer Rates Water Rates(effective October 2005) I Sewer(Wastewater) Rates (effective October 2005) Residential Residential Base Rate up to 2,000 gallons $12.20 Base Rate up to 2,000 gallons $13.92 2,001 - 15,000 gallons $4.25/1,000 gallons Over 2,000 gallons $2.08/1,000 gallons 15,001 -30,000 gallons $5.00/ 1,000 gallons $35.97 Maximum Charge 30,001 -40,000 gallons $5.75/ 1,000 gallons 40,001 -80,000 gallons $6.50/ 1,000 gallons 80,001 - 100,000 gallons $7.25/ 1,000 gallons Over 100,000 gallons $11.55/ 1,000 gallons Commercial Commercial Base Rate up to 2,000 gallons $12.58 Base Rate up to 2,000 gallons $15.23 2,001 - 15,000 gallons $4.38/1,000 gallons Over 2,000 gallons $2.50/ 1,000 gallons 15,001 -30,000 gallons $5.13/ 1,000 gallons $59.80 Maximum Charge 30,001 -40,000 gallons $5.88/1,000 gallons 40,001 -80,000 gallons $6.63/1,000 gallons 80,001 - 100,000 gallons $6.83/ 1,000 gallons Over 100,000 gallons $6.83/ 1,000 gallons Outside Town Limits Above rates x 2 Outside Town Limits Multiply above rates by 1.5 Transfer Fees $20.00 Service Initiation $65.00 Residential Service Initiation $75 Commercial Late Fees 10%of bill Turn Offs I Reconnects $30.00/$40.00(after hours, weekends and holidays) Meter Accuracy Re-Reads $15.00 Fee Schedule Ordinance(Amend Nos.02-33 and 03-48-Exhibit B) Page 3 402696-1