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ORD 2025-09 Meter Fee Water and Wastewater TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2025-09 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SUBSECTION (c)(2)&(3) "METER FEE", 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 CODE OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; 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, the Town of Trophy Club, Texas (the "Town") is a home rule municipality acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, fees imposed by the Town are adopted by Ordinance and are codified in Appendix A of the Code of Ordinances of the Town; and WHEREAS, Appendix A, Article A1 .000, Section A1 .014 of the Code of Ordinances, Town of Trophy Club, Texas, contains water and wastewater fees for the Trophy Club Public Improvement District No. 1 (hereinafter "PID"). including monthly residential (single-family) and commercial water fees; and WHEREAS, the Town is the owner and operator of a water and sewer system designed to serve present and future inhabitants of the PID (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 (the "MUD") dated July 25, 2017, and as subsequently amended by the Town and the MUD (collectively the "Contract"). 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, the Contract requires that the MUD shall provide to Town any amended or revised MUD Rate Order adopted by the MUD, and the Town shall adopt a Town Rate Order identical to the amended or revised MUD Rate Order; and WHEREAS, the Town received MUD Rate Order No. 2025-0317A, which was approved by the MUD on March 17, 2025, with an effective date of April 1 , 2025; and ORDINANCE NO. 2025-09 PAGE 2 WHEREAS, Town Council finds and determines that this Ordinance meets its contractual obligations pursuant to the Contract and is adopted in the exercise of the Town's governmental functions and legislative power and is necessary to protect the health, safety, and welfare of the general public and the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENTS Only Subsection (c)(2) & (3) "Meter Fee" 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 Code of Ordinances, Town of Trophy Club, Texas, is hereby amended and replaced in its entirety as follows, and all other subsections not expressly mentioned hereafter shall remain the same: "(C)Meter Fee:" (2) 1" meter: $538.00 (3) 1-1/2" meter: $1,568.00 SECTION 3. CUMULATIVE This Ordinance shall be cumulative of all other provisions of ordinances of the Town, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. SEVERABILITY It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by a valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance; since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. ORDINANCE NO. 2025-09 PAGE 3 SECTION 5. SAVINGS All rights and remedies of the Town are expressly saved as to any and all violations of the ordinances of the Town that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts. 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 is hereby directed to publish the caption and penalty of this Ordinance as required by Section 3.16 of the Town's Charter. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect, in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of April 2025. .00PHyc 0 GcP e n ett a , Mayor ATTEST: AW- 03 Tammy ixon, Town creta De g a, T9. orney