ORD 2023-05 Amending Fees Public WorksTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO.2023-05
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTIONS (C) METER FEE, (G) MONTHLY
COMMERCIAL WASTEWATER FEES, (K) SECURITY DEPOSITS, (L)
RESIDENTIAL FIRE LINES, CONNECTIONS, AND FEES, (M) WATER
AND SEWER TAP FEES, (N) TEMPORARY WATER SERVICE, AND (0)
BILLING PROCEDURES AND CHARGES, 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
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ORD 2023-05 Page 1 of 6
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, 2023 with an effective date of April 1, 2023; and
WHEREAS, the Town Council hereby finds that amending Subsections (c), (g)
and (k) through (s) 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 (c), (g), and (k) through (s) 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
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(c) Meter fee:
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.
(1) 5/8" meter: $3581-8.00.
(2) 1" meter: $384428.00.
(3) 1-1/2" meter: $7,0905.00.
(4) 2" - 10" Quoted at time of Purchase
(g) Monthly commercial wastewater fees - effective April 1, 2023:
(1) Base rate: $206022.15.
(2) Volumetric rate: $6,7-98.57/1,000 gallons.
Commercial sewer usage is billed based on actual water usage per month.
(k) Security Deposits:
(1) Builders: $7- 100.00
(2)—Reside^+i Refs: $75-00
(3-)(aResidential and 4Lessees: $1500.00
(1) Residential Fire Lines. Connections, and Fees
(1) Residences between 6,000-8,000 square feet shall have installed on its
one -inch water service line, for fire protection, a one -inch U-branch, with a separate
meter and meter -box. Cost will be quoted at the time of request and payable at
time of permitting.
(2) Residences over 8,000 square feet, in addition to its regular one -inch
water service line, shall have installed a separate one -and one-half inch water
service line for fire protection with its own meter and meter -box. Cost will be quoted
at the time of request and payable at time of permitting.
(m) Water and Sewer Service Taps: Actual cost plus 10%. An estimate will be
provided prior to work being performed. When water taps have been made by
someone other than the District personnel, there is an installation/inspection fee of
($50.00) fifty dollars plus the cost of the appropriate meter.
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ORD 2023-05 Page 1 of 6
(n) Temporary Water Service — Construction Meters — Security Deposit $1,500
(o) Billing Procedures and Charges
(1) Disconnection fees for non-payment for residential homeowners and
Lessees:
(a) Additional Security Deposit of $100.00
(b) Service Fee $50.00
(c) After hours reconnection fees, if applicable
(d) All outstanding balances must be paid
(2) Same -Day Service - $25.00 (for the start or termination of water and sewer
service, or to perform re -reads the same day as requested).
(3) Accuracy Reading Fee
(a) $25.00 if the original reading appears to be accurate. If the original meter
reading appears to be in error, no fee will be charged
(b) $125 to remove meter and bench test
[Al Mafar data 1 nnninn Foo — nno rintn Inn nor voar allnWarl of nn rharno Fnrh
(tp) Service line inspection and lead test
(fag) Water and wastewater rates and fees
(ar) Town fees as set forth above
(es) Rates and fees for water and wastewater service applicable
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.
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ORD 2023-05 Page 1 of 6
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.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect on April 1, 2023 in accordance with law, and it is
so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 28th day of March, 2023.
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ATTEST:
Anita Otterson
Town Secretary
Town of Trophy Club, Texas
TO
hd-Dodd III
Attorney
of Trophy Club, Texas
193
of Trophy Club, Texas
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