ORD 2014-16TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2014-16
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING CHAPTER 1 OF THE CODE OF
ORDINANCES, ENTITLED "ADMINISTRATION", ARTICLE
VIII, ENTITLED "SCHEDULE OF FEES", BY REPEALING
SECTION 8.16, "PUBLIC WORKS FOR PUBLIC
IMPROVEMENT DISTRICT NO. 1" AND ADOPTING A
NEW SECTION 8.16, "PUBLIC WORKS FOR PUBLIC
IMPROVEMENT DISTRICT NO. 1"; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS OR CONTINUES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Fees imposed by the Town are adopted via Ordinance and are
codified in the Administration Chapter of the Code of Ordinances of the Town: and
WHEREAS, Chapter 1, Article VIII, Section 8.16 of Code of Ordinances contains
fees for public works for the Trophy Club Public Improvement District No. 1 (hereinafter
"PID"), including fees for meters utilized within the PID; and
WHEREAS, the Town of Trophy Club (the "Town") is the owner and/or operator
of a water and sewer system designed to serve present and future inhabitants of the
Trophy Club Public Improvement District No. 1 (the "Town System"); and
WHEREAS, under the Amended and Restated Contract for Wholesale Water
Supply and Wastewater Treatment Services and Water And Wastewater Operational
Services between the Town and Trophy Club Municipal Utility District No. 1 dated April
15, 2014 (the "Contract"), the Trophy Club Municipal Utility District No. 1 (the "MUD")
has agreed to provide the Town with wholesale water and wastewater services and with
operations services related to the Town System within the boundaries of the PID
Property, as that term is defined in the Contract;
WHEREAS, Section 7.1(a) of the Contract requires the Town to adopt a Town
Rate Order identical to an amended or revised Rate Order adopted by the MUD within
sixty (60) days of Town's receipt of an amended or revised MUD Rate Order; and
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WHEREAS, Sections 3.9 and 4.10 of the Contract require the Town to adopt
retail water and wastewater service rules, regulations and policies at least as stringent
as the provisions of amended or revised MUD service rules, regulations or policies (the
"MUD Service Rules and Policies") within sixty (60) days of Town's receipt of the
amended or revised MUD Service Rules and Policies; and
WHEREAS, the Town received a revised MUD Rate Order, with revised MUD
Service Rules and Policies, on April 29, 2014 with an effective date of May 20, 2014;
WHEREAS, the Town Council hereby finds that the amendment of Section 8.16
of Article VIII, Chapter 1, of the Code of Ordinances as further specified herein meets it
contractual obligations pursuant to the Contract and serves the best interests of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article VIII entitled "Schedule of Fees" of Chapter 1, entitled "Administration" of
the Code of Ordinances of the Town is hereby repealed and a new Section 8.16,
entitled "Public Works for Public Improvement District No. 1" is hereby adopted and
shall be and read in its entirety as follows:
"Section 8.16 — Public Works for Town of Trophy Club Public Improvement
District No. 1
Connection Fee:
1"
$2,300.00
Impact Fee:
1" meter $1,173.00
Impact Fees for Meter Sizes less than or greater
than 1" shall be based upon the fee charged by
the Trophy Club Municipal Utility District No. 1
("MUD1") in accordance with its duly adopted
Rate Order.
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Meter Fee:
Domestic 1" meter $ 343.00
Meter Fees for Meter Sizes less than or greater
than 1" shall be based upon the fee charged by
the Trophy Club Municipal Utility District No. 1
("MUD1") in accordance with its duly adopted
Rate Order.
Monthlv Residential (Sinale-Familv Homes) &
Commercial Water Fees:
Administration $ 16.71
0-6000 gallons per month $ 2.70/1,000 gallon
6,001 to 17,000 gallons per month $ 3.14/1,000 gallon
17,001 to 25,000 gallons per month $ 3.64/1,000 gallon
25,001 to 50,000 gallons per month $ 4.23/1,000 gallon
50,000 plus gallons per month $ 4.91/1,000 gallon
Multi -Unit Buildings:
Each multi -unit building (apartments,
business complex, etc.) served by a single
meter shall be billed the base rate for the
meter size servicing the building multiplied
by the number of units in the building or
complex.
Monthly Residential (Single -Family Homes)
Wastewater Fees:
Base Rate 1" Meter $ 14.58
0-18,000 gallons per month $ 2.50/1,000 gallon
Residential sewer usage shall be capped at
18,000 gallons per month.
Monthly Commercial Wastewater Fees:
Base Rate 1" Meter $ 14.58
Volumetric Rate $ 2.50/1,000 gallon
Commercial sewer usage shall be billed
based upon actual water usage per month.
Multi -Unit Buildings:
Each multi -unit building (apartments,
townhomes, business complex, etc.) shall
be billed the base rate for each meter
servicing the building and sewer usage will
be billed based on actual water usage per
month.
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Returned Checks: $ 25.00
Security Deposits:
Builders $ 75.00
Residential Owners $ 75.00
Residential Lessees $ 150.00
Service Line Inspection and Lead Test: $ 150.00
Water and wastewater rates and fees are the same for all properties within the
corporate boundaries of the Town whether service is received directly from MUD1 or
service is received from Town as a wholesale customer of MUD1.
Town fees as set forth above are applicable to the boundaries of the Trophy Club Public
Improvement District No. 1 and are based upon a Rate Order adopted by Trophy Club
Municipal Utility District No 1 ("MUD1"). Customers of the Town receiving service to
property located within the boundaries of the PID shall be subject to the duly adopted
MUD1 Service Rules and Policies, including all fees imposed thereby, as amended from
time to time.
Rates and fees for water and wastewater service applicable to the boundaries of MUD1
are imposed pursuant to a rate order duly adopted by MUD1.
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town
affecting fees and shall not repeal any of the provisions of such Ordinances except in
those instances where provisions of those Ordinances are in direct conflict with the
provisions of this Ordinance; whether such Ordinances are codified or uncodified, and
all other provisions of the Ordinances of the Town of Trophy Club, codified or
uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force
and effect. Notwithstanding the foregoing, any complaint, action, cause of action or
claim which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed by the
provisions of that Ordinance and for that purpose the Ordinance shall be deemed to
remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
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validity of the remaining portions of the Ordinance, and the Town Council hereby
declares it would have passed such remaining portions of the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance in accordance with the Town Charter.
SECTION 6.
PENALTY
It shall be unlawful for any person to violate any provision of this Ordinance, and
any person violating or failing to comply with any provision of this Ordinance shall be
fined, upon conviction, not less than One Dollar ($1.00) nor more than Five Hundred
Dollars ($500.00), and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 16th day of June, 2014.
g r
ATTEST:
Tari Ard, (Town Secretary
ToWA Trophy Club, Texas
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
C
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
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