ORD 2022-09 - Water & Wastewater feesTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2022-09
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 THE TOWN, 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 22, 2022 with an effective date of April 1, 2022; 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 (fl 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 2022-_ Page 2 of 5
(fl Monthly residential (single-family homes) wastewater fees - effective April 1,
2022:
(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: $22.15.
(B) 0-4,000 gallons: $3.57/1,000 gallons
(C) 4,001-8,000 gallons: $5.09/1,000 gallons.
(D) 8,001-12,000 gallons: $7.18/1,000 gallons.
(E) >12,001 gallons: $10.22/1,000 gallons.
(g) Monthly commercial wastewater fees -effective April 1, 2022:
(1) Base rate: $20.60.
(2) Volumetric rate: $6.78/1,000 gallons.
Commercial sewer usage is billed based on actual water usage per month.
ORD 2022-_ 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 2022-_ Page 4 of 5
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect on April 1, 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 14th day of April 2022.
VC 1 �
ici Fleury, Mayor Town
Of Trophy Club, Texas
[SEAL]
ATTEST:
(")" -a4-,- /:
Anita Otterson
Interim Town Secretary
Town of Trophy Club, Texas
APPROVEDTOAS FORM:
J. Dw' o . II, Town Attorney
Town of Trophy Club, Texas
ORD 2022-_ Page 5 of 5