ORD 2014-32TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2014-32
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED
"ADMINISTRATION", ARTICLE Vlll, ENTITLED "SCHEDULE OF
FEES", BY ADDING A SUBSECTION ENTITLED "ANNUAL CAPITAL
IMPROVEMENTS AND MAINTENANCE CHARGE" TO SECTION 8.16,
"PUBLIC WORKS FOR PUBLIC IMPROVEMENT DISTRICT NO. 1" TO
ADOPT A MONTHLY SURCHARGE APPLICABLE TO CONNECTIONS
IN THE TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 IN
ORDER TO PAY THE PID PORTION OF MUD1 OPERATIONS AND
MAINTENANCE BUDGET AND ANTICIPATED NEW DEBT ISSUE IN
FISCAL YEAR 2014-2015; 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 of Article VII of the Contract requires the Town to a
charge a fee to the residents of the PID for the "Annual Capital Improvements and
Maintenance Charge" due to MUD1; and
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WHEREAS, MUD1 anticipates issuing debt by the end of 2014; therefore,
pursuant to the Contract, the Town has determined it appropriate to adopt the fee set
forth below in accordance with the provision of the Contract providing for an Annual
Capital Improvements and Maintenance Charge in order to impose the fee required to
fund the PID's percentage share of the MUD1 Operations and Maintenance budget and
anticipated new debt issue in fiscal year 2014-2015; and
WHEREAS, the Town Council hereby finds that the amendment of Section 8.16
of Article VIII, Chapter 1, of the Code of Ordinances amending the Town's Schedule of
Fees to adopt the Annual Capital Improvements and Maintenance Charge in the form of
a flat monthly fee as further specified herein meets the Town's 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 amended to add a new fee to Section
8.16 "Public Works for Town of Trophy Club Public Improvement District No. 1 ", entitled
"Annual Capital Improvements and Maintenance Charge" which shall be and read as
follows and which shall be added to all other charges imposed under Section 8.16, and
all such other fees and provisions of Section 8.16 not specifically amended hereby shall
remain in full force and effect:
Section 8.16 — Public Works for Town of Trophy Club Public Improvement
District No. 1
Annual Capital Improvements and Maintenance Charge $8.90 (monthly
fee per
connection)
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
ORD 2014-32 Page 2 of 4
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.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 23d day of September, 2014.
r
p c C. Nick Sanders, Mayor
Q7� Town of Trophy Club, Texas
ATTEST:��✓�,
Ta` y Ards Town Secretary
Town of Trophy Club, Texas
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
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