ORD 2022-30 - MUD Rate change September 27, 2022TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO.2022-30
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTION (D) MONTHLY RESIDENTIAL AND
COMMERCIAL 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 "PIO"), including fees for meters utilized within the PIO; 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 PIO 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
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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 21, 2022 with an effective date of October 1,
2022;and
WHEREAS, the Town Council hereby finds that amending Subsection (d) 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 Subsection (d) 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
DESCRIPTION
The changes in the proposed Rate Order are shown below.
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Section 1.09 Water Meter Fees. Fees charged are the actual cost of water meters.
METER SIZE
WATER METER
FEE
UPDATED METER
FEE
5/8"
$318
No Change
1"
$381
No Change
1-1/2"
$780
No Change
Section 2.01 Water Service Rates.
Base , Rates:
METER
SIZE
MONTHLY BASE RATE
Current Effective Oct.1
5/8" & 3/4"
$18.54
$20.26
1"
$34.84
$38.08
1.5"
$61.79
$67.54
2"
$98.87
$108.06 .
3"
$187.37
$204.80
4"
$308.95
$337.68
6"
$617.91
$675.38
Volumetric Rates:
Gallons Used
Rate per 1000 gallons
Current
Oct.1
0 to
6,000
$4.09
$4.60
6,001 to
17,000
$4.76
$5.35 -
17,001 to
25,000
$5.51
$6.19
25,001 to
50,000
$6.40
$7.19
50,001+
$7.44
$8.36
Meter fees for meter sizes less than or greater than 1" shall be based upon the fee charged
by the Trophy Club Municipal Utility District No. 1 ("MUD1 ") in accordance with its duly adopted
rate order.
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 remain3An 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.
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SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect on September 27, 2022 in accordance with law,
and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 27- day of September 2022.
ATTEST:
ait 6&�OOL
Anita Otterson, Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
J/avid Dodd III, Town Attorney
Y wn of Trophy Club, Texas
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