Loading...
04-115 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 04-115 AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; AMENDING ORDINANCE NO. 02-33; 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 No. 02-33; 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 No. 02-33. Ordinance No. 02-33 is 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 No. 02-33, nor shall the amendment prevent a prosecution from being commenced for any violation if occurring prior to the amendment of Ordinance No. 02-33. 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\Local Settings\Temporary Internet Files\OLK20\Soild Waste Collection Fee Ordinance(Amendment to 02-33).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 21ST DAY OF DECEMBER,2004. RLES NI NGER Mayor ATTESTED TO: SHANAE JEN /: S Town Secretary DATE OF PUBLICATION:/ 1i n7 V (j2o2 / ,Dallas Morning News-Collin County Edition C:\Documents and Settings\Shanae Jennings\Local Settings\Temporary Internet Files\OLK20\Soild Waste Collection Fee Ordinance(Amendment to 02-33).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) $ 9.47 $ 19.26 R2(two carts) $ 13.62 $ 24.45 R3(three carts) $ 17.77 $ 29.64 R4(four carts) $ 21.91 $ 34.82 R5(five carts) $ 26.07 $ 40.01 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 Dumpsters 3-yard CO 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 C:\Documents and Settings\Shanae Jennings\Local Settings\Temporary Internet Files\OLK20\Soild Waste Collection Fee Ordinance(Amendment to 02-33).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 —COLLIN COUNTY EDITION on: TOWN 0!PROSPER, TEXASORDINANCE NO. A N 5 December 25,2004 AN ORDINANCE OF PROSPER, TOEXq SE AMENDING ORDI- December27, 2004 NANCE NO. 02-33; UP- DATING THE COMPRE- HENSIVE FEE SCHED- ULE- PROVIDING FOR RATES FOR THE COL- LECTION OF SOLID WBLES;AST PROVIDING FOR E AND RECYCLA- A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVID- ING FOR SAVINGS, RE- PEALING AND SEVER- ABILITY CLAUSES; OCOt /� PROVIDING FOR AN (�� AND PROVIDING FOR THE PUBLICATION OF (Lynda Black) THE CAPTION HERE- OF. Sworn to and subscribed before me this December 27, 2004, A.D to NF.C4p . (Lisa Battenfi ) i8 1 of�`/11111lEt t \;.