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ORD 2008-17TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-17 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 AMENDING SECTION "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 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, 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, Chapter 1, Article VIII, Section 8.16 of 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, Since Town Design Standards require a minimum one inch (1") meter and the regulations currently in Section 8.16 impose fees for meters smaller than one inch (I"), the Town has determined that Section 8.16 of Article VIII, Chapter 1 of the Code of Ordinances should be amended so that all references to meter sizes of five - eights inch (5/8") and three-fourths inch (3/4") are changed to a meter size of one inch (1"); and WHEREAS, the fees imposed in Section 8.16 of Article VIII will remain the same; and WHEREAS, the Town Council hereby finds that the amendment 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. 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 revise Section 8.16, entitled "Public Works for Public Improvement District No. 1" so that Section 8.16 is hereby revised to be and read as follows: "Section 8.16 — Public Works for Public Improvement District No. 1 Connection Fee: 1" $2,300.00 Impact Fee: 1" meter $1,536.00 Meter Fee: Domestic V 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 Monthly 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 Monthly Commercial 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 -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 7T" day of July, 2008. Nick Sanders, Mayor Town of Trophy Club, Texas ATTEST: IfW1'101) -L[s Hennek--Towfl-Seeretary�I1GlP1nOV1 �EQrGtt�r���j�u�tq �OLUn CfLt0.rL1� Town of Trophy Club, Texas 0 [SEAL] Patricia A. Adams, Town Attorney Town of Trophy Club, Texas v �f'Ry