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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 [SEAL] ATTEST: a- - 6cAlA-k;6\h9,8..> c\-- , fyi... Holly Fimb s, Town Secretary Town of Trophy Club, Texas `, A. ynh ti, G AP O, ED �O AS FORM: '`'� ' 1 / J. D Er Dod. Ill, Town Attorney To 1 of Trophy Club, Texas ORD 2017-27 Page 5 of 5