ORD 2019-27 Water & WW fees PID 1 TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2019-27
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SUBSECTION I, "ANNUAL CAPITAL IMPROVEMENT AND
MAINTENANCE CHARGE," OF SECTION A1.014, "WATER AND
WASTEWATER FEES FOR PUBLIC IMPROVEMENT DISTRICT NO. 1,"
WITHIN APPENDIX A, "FEE SCHEDULE," OF THE CODE OF
ORDINANCES, 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 DEBT FOR
CALENDAR YEAR 2020; 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;
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 Town of Trophy Club Code of Ordinances; and
WHEREAS, Appendix A, Fee Schedule, Section A1.014 of the 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; and
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
WHEREAS, MUD1 has issued debt; 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 debt for calendar year
2020; and
WHEREAS, the Town Council hereby finds that the amendment of Section
A1.014 within Appendix A of the Code of Ordinances amending the Town's Fee
Schedule to adopt the Annual Capital Improvement 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 Subsection (i) entitled "Annual capital improvement and maintenance charge" of
Section A1.014, "Water and wastewater fees for Public Improvement District No. 1,"
within Appendix A, "Fee Schedule," of the Town of Trophy Club Code of Ordinances is
hereby amended to read as follows and which shall be added to all other charges
imposed under Section A1.014, and all such other fees and provisions of Section
A1.014 not specifically amended hereby shall remain in full force and effect:
"Appendix A - FEE SCHEDULE
Section A1.014 —Water and wastewater fees for Public Improvement
District No. 1
(i) Annual capital improvement and maintenance charge: $ 9.48 (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 2019-27 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.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption, Penalty and Effective Date Clause of this Ordinance as required by Section
52.011 of the Texas Local Government Code.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
ORD 2019-27 Page 3 of 4
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 12th day of November 2019.
C. Nick Sanders, ayor
Town of Trophy Club, Texas
[SEAL]
ATTEST: ofROpti,1-
1- 1' , w.
Holly Fimb es, Town Secretary 4t
rig Town of Trophy Club, Texas '9,[,G ���h
\ .ARY 1,
APPROVED T2 AS FORM:
111 1
J. David' l• d I'own Attorney
Town of Trop y lub, Texas
ORD 2019-27 Page 4 of 4