ORD 2017-27 MUD Fee Schedule TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2017-27
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTIONS (E), MULTI-UNIT BUILDINGS, (F),
MONTHLY RESIDENTIAL WASTEWATER FEES, AND (G), MONTHLY
COMMERCIAL WASTEWATER FEES, OF SECTION A1.014, "WATER
AND WASTEWATER FEES FOR PUBLIC IMPROVEMENT DISTRICT
NO. 1" OF ARTICLE A1.000, "GENERAL PROVISIONS" OF APPENDIX
A, "FEE SCHEDULE" OF THE TOWN OF TROPHY CLUB CODE OF
ORDINANCES; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; PROVIDING FOR SAVINGS AND
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR 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; PROVIDING FOR
PUBLICATION 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, Appendix A, Article A1.000, Section A1.014 of the Town of Trophy
Club 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 July
25, 2017 (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; and
WHEREAS, Section 7.1(a) of the Contract requires that the MUD shall provide to
Town any amended or revised MUD Rate Order adopted by MUD and Town shall adopt
a Town Rate Order identical to the amended or revised MUD Rate Order. The Town
shall adopt a Town Rate Order identical to the amended or revised MUD Rate Order
provided that the Town has received receipt of the amended or revised MUD Rate
Order at least 96 hours before a regularly scheduled Council meeting. In the event that
the Town receives receipt of the amended or revised MUD Rate Order with less than 96
hours before a regularly scheduled Council meeting then the Town shall adopt a Town
Rate Order identical to the amended or revised MUD Rate Order at the second regularly
scheduled Council meeting after receiving receipt of the amended or revised MUD Rate
Order; and
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 September 22, 2017 with an effective date of October 1,
2017; and
WHEREAS, the Town Council hereby finds that the amendment of Subsections
(e), (f), and (g) of Section A1.014 of Article A1.000, of Appendix A, of the Town of
Trophy Club 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.
AMENDMENTS
2.01 Subsections (e), (f), and (g) of Section A1.014 entitled "Water and Wastewater
Fees for Public Improvement District No. 1" of Article A1.000, entitled "General
Provisions" of Appendix A, entitled "Fee Schedule" of the Town of Trophy Club Code of
Ordinances are hereby repealed and new Subsections (e), (f), (g) of Section A1.014
entitled "Water and Wastewater Fees for Public Improvement District No. 1" are hereby
adopted and read in their entirety as follows:
"APPENDIX A FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS
Section A1.014 Water and Wastewater Fees for Public Improvement District No. 1
ORD 2017-27 Page 2 of 5
(e) Multi-unit buildings: Each multi-unit building (apartments, townhomes, business
complex, etc.) served by a single 5/8" meter or 1" 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.
(f) Monthly residential (single-family homes) wastewater fees - effective October 1,
2017:
The District uses winter averaging for the purpose of calculating sewer charges on utility
bills. The sewer charges are based on average water consumption for three months
(December, January and February billing). The average consumption will be analyzed
annually and take effect the first of April each year.
New customers will be assigned a default value user charge that is equal to the average
winter water use for all residential customers. The winter average used for new
residential customer is 7,000 gallons.
Any resident filling a pool due to maintenance or construction during the averaging
months may request that the water used be subtracted from the usage of the month the
water was used. A resident with a houseline leak during the averaging months may
request a reduction in the sewer usage calculation. Requests must be in writing to the
General Manager and have documentation showing maintenance, construction or
repairs as applicable to the issue. The General Manager or a duly authorized representative
may adjust the metered water usage in determining the winter average. To assist in establishing
winter averaging sewer rates, Customers are encouraged to submit requests for sewer average
reductions no later than March 15th.
(i) Base rate: $19.60.
(ii) 0-4,000 gallons: $3.18/1,000 gallons
(iii) 4,001-8,000 gallons: $4.51/1,000 gallons.
(iv) 8,001-12,000 gallons: $6.43/1,000 gallons.
(v) >12,001 gallons: $9.14/1,000 gallons.
(g) Monthly commercial wastewater fees - effective October 1, 2017:
(1) Base rate: $19.60.
(2) Volumetric rate: $5.48/1,000 gallons.
Commercial sewer usage is billed based on actual water usage per month.
ORD 2017-27 Page 3 of 5
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
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.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011
of the Texas Local Government Code.
ORD 2017-27 Page 4 of 5
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect on October 1, 2017 in accordance with law, and
it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 26th day of September 2017.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
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ORD 2017-27 Page 5 of 5