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ORD 2008-10TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-10 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED "ADMINISTRATION", ARTICLE VIII, ENTITLED "SCHEDULE OF FEES", BY ADDING "SECTION 8.16" "PUBLIC WORKS FOR PUBLIC IMPROVEMENT DISTRICT NO. 1;" PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR 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, Ordinance No. 2008-02 was adopted on January 21, 2008 and provided for the adoption of a new schedule of fees for the Town of Trophy Club (hereinafter referred to as "Town"); and WHEREAS, on March 16, 2007, a petition was submitted and filed with the Town Secretary of the Town of Trophy Club, Texas pursuant to the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the "PID Act"), requesting the creation of a Public Improvement District over a portion of the area of the Town to be known as the Town of Trophy Club Public Improvement District No. 1 (the "District'); and WHEREAS, the Town of Trophy Club, Texas, pursuant to and in accordance with the terms, provisions and requirements of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the "PID Act'), established the 'Town of Trophy Club Public Improvement District No. 1" (the "District'), pursuant to Resolution No. 2007-08 adopted by the Town Council of the Town (the "Town Council') on May 7, 2007; and WHEREAS, the District shall be provided with water and wastewater and all its related services; and WHEREAS, all water and wastewater services are currently provided by either Trophy Club MUD 1 or Trophy Club MUD 2 (MUDS) within their respective districts; and WHEREAS, on November 12, 2007, the Town Council agreed unanimously to an Interlocal Agreement/Contract between the Town of Trophy Club and the Trophy Club MUDS to have said MUDs provide water and wastewater services to the District; and WHEREAS, the Town is authorized to require the payment of reasonable fees for services provided; and WHEREAS, the Town Council hereby finds that the addition of Section 8.16 of Article VIII, Chapter 1, of the Code of Ordinances as further specified herein serves the best interests of the Town and that the fees adopted hereunder are set at amounts which reasonably compensate the Town for services provided. 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 Section 8.16, entitled "Public Works for Public Improvement District No. 1" so that Section 8.16 is hereby added to be and read in its entirety as follows: "Section 8.16 — Public Works for Public Improvement District No. 1 Connection Fee: 5/8" x3/4" $2,300.00 Impact Fee: 5/8" meter $ 616.00 1" meter $1,536.00 Meter Fee: 5/8" x3/4" $ 160.00 Domestic 1" meter $ 240.00 Monthlv Residential & Commercial Water Fees Administration $ 11.50 0-6999 gallons per month $ 2.19/1,000 gallon 7,000 to 12,999 gallons per month $ 2.64/1,000 gallon 13,000 to 25,999 gallons per month $ 2.84/1,000 gal 26,000 -plus gallons per month $ 2.94/1,000 gal Monthlv Residential Wastewater Fees: Administration $ 11.50 0-6999 gallons per month $ 2.19/1,000 gallon 7,000 to 12,999 gallons per month $ 2.64/1,000 gallon 13,000 gallons maximum per month Monthlv Commercial Wastewater Fees: Administration $ 11.50 0-6999 gallons per month $ 2.19/1,000 gallon 7,600 to 12,999 gallons per month $ 2.64/1,000 gallon 13,000 -plus gallons per month $ 2.64/1,000 gallon Returned Checks: $ 25.00 Security Deposits: Builders $ 75.00 Residential Owners $ 50.00 Residential Lessees $ 150.00 Service Line Inspection and Lead Test: $ 150.00 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 and by filing this Ordinance in the Ordinance records of the Town. 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. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 3`d day of March, 2008. Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: 7 41 Town'Secretary, Lisa Ramsey Town of Trophy Club, Texas [SEAL] Town Attorney, Patricia Adams Town of Trophy Club, Texas