ORD 2025-07 Water/Wastewate Fee TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2025-07
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SUBSECTION (i), "ANNUAL CAPITAL IMPROVEMENTS
AND MAINTENANCE CHARGE," OF SECTION A1.014, "WATER AND
WASTEWATER FEES FOR PUBLIC IMPROVEMENT DISTRICT NO. 1,"
WITHIN APPENDIX A, "FEE SCHEDULE," OF THE CODE OF
ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, TO ADOPT A
MONTHLY SURCHARGE APPLICABLE TO CONNECTIONS IN THE
TROPHY CLUB PUBLIC IMPROVEMENT DISTRICT NO. 1 IN ORDER TO
PAY THE PID PORTION OF MUD1 OPERATIONS AND MAINTENANCE
BUDGET AND DEBT FOR CALENDAR YEAR 2025; 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;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Town of Trophy Club (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 and codified in Appendix A,
"Fee Schedule," of the Code of Ordinances, Town of Trophy Club, Texas (the "Code");
and
WHEREAS, Appendix A, "Fee Schedule," Section A1 .014 of the Code contains
fees for public works for the Trophy Club Public Improvement District No. 1 ("PIO"),
including fees for meters utilized within the PIO; and
WHEREAS, the Town is the owner and/or 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 dated April
15, 2014 (the "Contract"), the Trophy Club Municipal Utility District No. 1 ("MUD1 ") 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, Sections 7.1 and 7.2 of Article VII of the Contract require the Town to
ORDINANCE NO. 2025-07 PAGE2
charge a fee to the residents of the PIO for the "Annual Capital Improvements and
Maintenance Charge" due to MUD1; and
WHEREAS, MUD1 has issued debt; therefore, pursuant to the Contract, the Town
has determined it appropriate to adopt the fee set forth below in accordance with the
provision of the Contract providing for an Annual Capital Improvements and Maintenance
Charge in order to impose the fee required to fund the PID's percentage share of the
MUD1 Operations and Maintenance budget and debt for calendar year 2025; and
WHEREAS, the Town Council hereby finds that the amendment of Section A1.014
of the Town's Fee Schedule to adopt the Annual Capital Improvements and Maintenance
Charge in the form of a flat monthly fee as further specified herein meets the Town's
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, 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.
AMENDMENT
Subsection (i), "Annual capital improvements and maintenance charge" of Section
A1.014, "Water and wastewater fees for Public Improvement District No. 1," of Appendix
A, "Fee Schedule," of the Town of Trophy Club Code of Ordinances is hereby amended
to read as follows, and all other fees and provisions of Section A1.014 not specifically
amended hereby shall remain in full force and effect:
"(i) Annual capital improvements and maintenance charge: $8.27 (monthly fee per
connection)"
SECTION 3.
SAVINGS AND REPEALER
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
ORDINANCENO. 2025-07 PAGE3
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 this Ordinance, and the Town Council hereby declares
it would have passed such remaining portions of this 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.
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 of this Ordinance in the official newspaper of the Town of Trophy Club, Texas, as
required by Section 3.16 of the Charter of the Town of Trophy Club, Texas.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of publication in accordance
with Section 3.16 of the Charter of the Town of Trophy Club, Texas, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 10th day of February 2025.
ORDINANCE NO. 2025-07 PAGE4
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Tammy Dixon, wn S r ary
APPROVED TO AS FORM:
Dean g 'a, Attorrfey
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STATE OF TEXAS
COUNTY OF TARRANT
I, JOHN M. BONDURANT, JR., PUBLISHER
ORDINANCE N0.2025-07
of the COMMERCIAL RECORDER, am over the age
AN ORDINANCE. of THE
TOWN OF TROPHY CLUB,
of 18, have knowledge of the facts stated herein,
TEXAS AMENDING SUBSEC-
and am otherwise competent to make this
I�
TION (i), "ANNUAL CAPITAL
MAIN-
IMPROVEMENTS AND MAIN-
affidavit. The COMMERCIAL RECORDER, of Fort
TENANCE CHARGE," SEC -
R AND
TION A1.014, WATER AND
A1.
Worth, Tarrant County, Texas, is a newspaper of
WASTEWATER FEES FOR
PUBLIC IMPROVEMENT
general circulation which has been published in
DISTRICT NO. 1," WITHIN
Tarrant Count regularly and continuous) for a
Y g Y Y
APPENDIX A, `'FEE SCHED-
ULE,' of THE CODE OF ORDI-
period of over one year prior to the first day of
NANCES, TOWN OF TROPHY
CLUB, TEXAS, TO ADOPT A
publication of this notice. The COMMERCIAL
MONTHLY SURCHARGE AP-
RECORDER is qualified to publish legal notices
PLICABLE TO CONNECTIONS
IN THE 'TROPHY CLUB PUB-
accordingto Article 28e, Revised Civil statutes of
LKIMPROVEMI:NTDISTRICT
NO. 1 IN ORDER TO PAY THE
Texas.
PID PORTION OF MUD1 OP-
ERATIONS AND MAINTE-
NANCE BUDGET AND DEBT
I, solemnly swear that the notice hereto attached
FOR CALENDAR YEAR 2025;
was published in the COMMERCIAL RECORDER
p
PROVIDING A SAVINGS AND
REPEALER CLAUSE; PRO -
on the following dates, to -wit:
VIDING A SEVERABILITY
.CLAUSE; PROVIDING FOR
ENGROSSMENT AND EN -
February 12, 2025
ROLLMENT; PROVIDING A
PENALTY NOT TO EXCEED
THE SUM OF FIVE HUNDRED
DOLLARS ($500.00) FOR
EACH OFFENSE AND A SEP-
ARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH
DAY DURING OR ON WHICH
Sworn to and subscribed before me this
A VIOLATION OCCURS OR
CONTINUES; PROVIDING FOR
PUBLICATION; AND PROVID-
12th day of February, A.D. 2025
ING AN EFF-KI'IVE DATE.
2-12
Notary Public, Tarrant County, Texas
FEUPEFANIDOJR
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Fps March 20, 2023