ORD 2016-44 TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2016-44
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING SUBSECTIONS D, F, G, I, AND P 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 AND ADOPTING NEW SUBSECTIONS D, F,
G, AND I 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 TROPHY CLUB CODE OF ORDINANCES, TOWN OF TROPHY
CLUB, TEXAS; 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 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
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, 2016 with an effective date of October 1,
2016; and
WHEREAS, the Town Council hereby finds that the amendment of Subsections
D, F, G, and I 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.
AMENDMENT
2.01 Subsections D, F, G, I, and P 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 D, F, G, and I of Section A1.014
entitled "Water and Wastewater Fees for Public Improvement District No. 1" are hereby
adopted and shall be and read in its 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
(d) Monthly residential (single-family homes) and commercial water fees:
(1) Base Rates:
ORD 2016-44 Page 2 of 5
Meter Size Monthly Base Rate
5/8" & 3/4" $17.15
1" $32.23
1.5" $56.94
2" $86.58
3" $155.76
4" $254.59
6" $501.64
(2) Volumetric Rates:
Gallons Used Rate per 1000 gallons
0 to 6,000 $3.96
6,001 to 17,000 $4.61
17,001 to 25,000 $5.34
25,001 to 50,000 $6.20
50,001 + $7.21
(f) Monthly Residential (Single-Family Homes) Wastewater Fees - Effective October
1, 2016
(1) Base Rate $ 17.50
(2) 0-18,000 gallons per month $ 2.84/1,000 gallons
Residential sewer usage shall be capped at 18,000 gallons per month.
(3) Winter Averaging - Effective April 1, 2017
Base Rate $ 15.35
0-4,000 gallons $ 2.89/1,000 gallons
4,001-8,000 gallons $ 3.61/1,000 gallons
8,001-12,000 gallons $ 4.51/1,000 gallons
>12,001 gallons $ 5.64/1,000 gallons
(g) Monthly Commercial Wastewater Fees - Effective October 1, 2016
(1) Base Rate $ 17.50
(2) Volumetric Rate $ 2.84/1,000 gallons
ORD 2016-44 Page 3 of 5
Commercial sewer usage shall be billed based upon actual water usage per
month.
(3) Effective April 1, 2017
Base Rate $ 15.35
Volumetric Rate $ 6.34/1,000 gallons
Commercial sewer usage shall be billed based upon actual water usage per
month.
(i) Annual capital improvement and maintenance charge: $ 0.63 per month
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.
ORD 2016-44 Page 4 of 5
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.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect on October 1, 2016 in accordance with law, and
it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 27th day of September 2016.
C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
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ORD 2016-44 Page 5 of 5