10-115 - O TOWN OF PROSPER, TEXAS ORDINANCE NO.10-115
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
ORDINANCE NO.09-055;REVISING EXISTING MUNICIPAL DRAINAGE
UTILITY SYSTEM FEE SCHEDULE PURSUANT TO AUTHORITY
CONTAINED IN THE MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT;
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 Council of the Town of Prosper, Texas, (the "Town :'ounc:i ") has
investigated and determined that it is in the best interest of the Town of Prosper (the "Town") to
repeal Ordinance No. 09-055 in its entirety and replace with this Ordinance.
WHEREAS, Town Council has also investigated and determined it is in the best interest of
the Town to adopt this Ordinance to revise existing fee schedule of drainage charges to be collected
through the Town's public utility billings pursuant to the Municipal Drainage Utility Systems Act.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: 1"indil gs Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: teal of Prosper er 01°diroalce 10.01-1155. Prosper Ordinance No. 09-055 is
hereby repealed in its entirety and replaced by this Ordinance. The effective date of the repeal
discussed in this Section shall not occur until the effective date of this Ordinance at which time
Ordinance No. 09-05 5 shall be repealed. Such repeal shall not abate any pending prosecution and/or
lawsuit or prevent any prosecution and/or lawsuit from being commenced for any violation of
Ordinance No. 09-055, occurring before the effective date of this Ordinance.
SECTION 3: Drainage Utility System Fee Schedule.
(a) The following fees are hereby established and shall be collected through the Town's
bill for public utilities pursuant to the Act and other applicable law. Fees shall be based on a
property's impact on the Town's drainage utility system.Impact shall be based on the parcel size for
residential property and the impervious area for all other non-exempt property. Ten(10)percent of
the area of the public streets and sidewalks on a property shall count towards that property's
impervious area. The drainage utility fees shall be established according to the following schedule on
a monthly basis:
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..._............................. Parcel ... .................... ...
Property Type Size Fees/Rates
(sa ft)
Single-Family Residential
Tier 1 <10,000 $1.85
Tier 2 >10,000 $4.00
All Other Non-Exempt $0.057 per 100 sq ft of impervious area;
Property the minimum fee shall be $2.75 per property
(b) The following shall not be assessed a Drainage Utility System Fee:.
(1) Property held and maintained in its natural state, until such time that the
property is developed and all of the public infrastructure constructed has been
accepted by the Town in which the property is located for maintenance.
(2) A subdivided lot, until a structure has been built on the lot and a Certificate
of Occupancy has been issued by the Town.
(3) State property.
(4) Public or private institutions of higher education property.
(5) Town property.
(c) All billings,credits,exemptions,rules,and other procedures relating to this drainage
fee shall be subject to the provisions of V.T.C.A.,Local Government Code, Section
402.041 et seq., and shall specifically include the following:
(1) There shall be a charge on each monthly utility statement for the Municipal
Drainage Utility System pursuant to Ordinance No. 07-71 and as authorized
herein. The Town Manager or his designee is authorized to collect such
charges in a manner consistent with the Town Charter and state law. The
drainage fee will be a separate line item on the utility statement and shall be
clearly identified as a separate charge.
(2) Except as otherwise provided herein, billing, charges and collection
procedures shall be consistent with that for the water and sewer services.
(3) Drainage charges shall be identified separately on the utility billing. Billing
shall be consistent with V.T.C.A.,Local Government Code, Section 402.048,
as it exists or may be amended.
(4) Delinquent charges shall be collected in a manner consistent with V.T.C.A.,
Local Government Code 402.050, as it exists or may be amended and other
applicable law.
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(5) The Town Manager or his designee(s)may,from time to time,adopt rules for
the administration of the drainage charge.
SECTION 4: Penalty Provision. Any person,firm,entity or corporation who violates any
provision of this Ordinance, as it exists or may be amended, shall be deemed guilty of a
misdemeanor, and upon conviction therefore, shall be fined in a sum not exceeding Five Hundred
Dollars ($500.00). Each continuing day's violation shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the
violation. Prosper retains all legal rights and remedies available to it pursuant to local, state, and
federal law.
SECTION 5: Savin gs/lie pga#ing Qaus . 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 Severa aili . Should any section, subsection, clause or phrase of this
Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full for force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clauses and phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall go into effect on January 1, 2011.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 14th day of December, 2010.
W w.
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. .,
Ray Bildt ,Mayor
AT1' YOI ECTLYi `tM9 wri�9ir
+ _. ............................... ..
atthew D. Denton, TRMC
1`own Secretary '
Date(s) of Publication gCr416r -7 a la Zlas Morning News,
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ltiit�ttt
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