ORD 2024-27 Water and Wastewater feesTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2024-27
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SUBSECTION (0)(2) "VOLUMETRIC RA TES", OF SECTION
A1.014 "WATER AND WASTEWATER FEES FOR PUBLIC
IMPROVEMENT DISTRICT NO. 1 ", OF ARTICLE A 1.000 "GENERAL
PROVISIONS", OF APPENDIX A "FEE SCHEDULE", OF THE CODE OF
ORDINANCES, TOWN OF TROPHY CLUB, TEXAS; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT;
PROVIDING THIS ORDINANCE IS CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENAL TY NOT TO EXCEED
THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE AND A SE PARA TE 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, the Town of Trophy Club, Texas (the "Town") is a home rule municipality
acting under its charter adopted by the electorate pursuant to Article XI , Section 5 of the
Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, fees imposed by the Town are adopted by 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 Code of Ordinances,
Town of Trophy Club , Texas , contains water and wastewater fees for the Trophy Club Public
Improvement District No. 1 (hereinafter "PIO"), including monthly residential (single-family)
and commercial water fees; and
WHEREAS, the Town is the owner and operator of a water and sewer system
designed to serve present and future inhabitants of the PIO (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 (the "MUD") dated July
25 , 2017 , as amended by that "First Amendment" dated March 22, 2023 (collectively the
"Contract "), 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, the Contract requires that the MUD shall provide to Town any amended
or revised MUD Rate Order adopted by the MUD and the Town shall adopt a Town Rate
Order identical to the amended or revised MUD Rate Order; and
ORDINANCE NO. 2024-27 PAGE2
WHEREAS, the Town received MUD Rate Order No. 2024-0918A, which was
approved by the MUD on September 18, 2024, with an effective date of October 1, 2024 ;
and
WHEREAS, Town Council finds and determines that this Ordinance meets its
contractual obligations pursuant to the Contract and is adopted in the exercise of the Town 's
governmental functions and legislative power and is necessary to protect the health , safety ,
and welfare of the general public and the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF TROPHY CLUB, TEXAS, THAT:
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
AMENDMENTS
Only Subsection (d)(2) "Volumetric rates" of Section A 1.014 "Water and wastewater
fees for Public Improvement District No. 1 ", of Article A 1.000 "General Provisions ", of
Appendix A "Fee Schedule ", of the Code of Ordinances , Town of Trophy Club, Texas , is
hereby amended and replaced in its entirety as follows , and all other subsections not
expressly mentioned hereafter shall remain the same:
"(2) Volumetric rates:
Gallons Used Rate per
1,000 gallons
0 to 6 ,000 $4.69
6 ,001 to 17,000 $5.46
17 ,001 to 25 ,000 $6 .32
25 ,001 to 50 ,000 $7 .34
50 ,001+ $8.53
"
SECTION 3.
CUMULATIVE
Th is Ord in ance shall be cumulative of all other provisions of ordinances of the Town ,
except where the prov isions of this Ordinance are in direct conflict with the provisions of such
ord in ances , in which event the conflicting provisions of such ordinances are hereby repealed.
ORDINANCE NO . 2024-27 PAGE3
SECTION 4.
SEVERABILITY
It is hereby declared to be the intention of the Town Council that the sections ,
paragraphs , sentences, clauses, and phrases of this Ordinance are severable, and if any
section , paragraph , sentence, clause, or phrase of this Ordinance shall be declared
unconstitutional by a valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences ,
clauses , or phrases of this Ordinance; since the same would have been enacted by the Town
Council without the incorporation in this Ordinance of any such unconstitutional section ,
paragraph , sentence, clause, or phrase .
SECTION 5.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all violations
of the ordinances of the Town that have accrued at the time of the effective date of this
Ordinance ; and, as to such accrued violations and all pending litigation , both civil and
criminal , whether pending in court or not , under such ordinances, same shall not be affected
by this Ordinance, but may be prosecuted until final disposition by the courts.
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 is hereby directed to publish the caption and penalty
of this Ordinance as required by Section 3.16 of the Town's Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect on October 1st, 2024, in accordance with law , and it
is so ordained.
ORD INANCE NO. 2024-27 PAGE4
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas , this
23 rd day of September 2024 .
ATTEST :
APPROVED AS TO FORM :