ORD 2019-09 Water & WW Fee Amendment TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2019-09
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTIONS (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 Appendix A 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 March 20, 2019 with an effective date of April 1, 2019;
and
WHEREAS, the Town Council hereby finds that amending Subsections (f) and
(g) of Section A1.014, Water and wastewater fees for PID No. 1, of Article A1.000,
General Provisions, of Appendix A, Fee Schedule, of the Town of Trophy Club Code of
Ordinances, as further specified herein, meets its 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 (f) and (g) of Section A1.014, Water and wastewater fees for PID
No. 1, of Article A1.000, General Provisions, of Appendix A, Fee Schedule, of the Town
of Trophy Club Code of Ordinances are hereby amended as follows and all other
subsections not expressly mentioned hereafter shall remain the same:
"APPENDIX A FEE SCHEDULE
ARTICLE A1.000 GENERAL PROVISIONS
Section A1.014 Water and Wastewater Fees for Public Improvement District No. 1
ORD 2018-09 Page 2 of 5
(f) Monthly residential (single-family homes) wastewater fees - effective April 1,
2019:
(1) 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 affect the first of
April each year.
(2) 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.
(3) A customer with a water leak during the averaging months may request a
reduction in the sewer usage calculation. Any customer filling a pool after
resurfacing, construction or major repairs during the averaging months may
request that their winter average calculation be adjusted. Requests for a
reduction in sewer usage calculations must be submitted in writing to the
General Manager and have documentation showing the 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.
(A) Base rate: $20.60.
(B) 0-4,000 gallons: $3.80/1,000 gallons
(C) 4,001-8,000 gallons: $5.40/1,000 gallons.
(D) 8,001-12,000 gallons: $7.65/1,000 gallons.
(E) >12,001 gallons: $10.90/1,000 gallons.
(g) Monthly commercial wastewater fees - effective April 1, 2019:
(1) Base rate: $20.60.
(2) Volumetric rate: $6.37/1,000 gallons.
Commercial sewer usage is billed based on actual water usage per month.
ORD 2018-09 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 2018-09 Page 4 of 5
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect on April 1, 2019 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 March 2019.
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C. Nick Sanders, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
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Town of Trophy Club, Texas 4t O‘
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. D v. o d II, Town Attorney
own of Trophy Club, Texas
ORD 2018-09 Page 5 of 5