ORD 2008-10TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2008-10
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 ADDING "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 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; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 2008-02 was adopted on January 21, 2008
and provided for the adoption of a new schedule of fees for the Town of Trophy
Club (hereinafter referred to as "Town"); and
WHEREAS, on March 16, 2007, a petition was submitted and filed with
the Town Secretary of the Town of Trophy Club, Texas pursuant to the Public
Improvement District Assessment Act, Chapter 372, Texas Local Government
Code (the "PID Act"), requesting the creation of a Public Improvement District
over a portion of the area of the Town to be known as the Town of Trophy Club
Public Improvement District No. 1 (the "District'); and
WHEREAS, the Town of Trophy Club, Texas, pursuant to and in
accordance with the terms, provisions and requirements of the Public
Improvement District Assessment Act, Chapter 372, Texas Local Government
Code (the "PID Act'), established the 'Town of Trophy Club Public Improvement
District No. 1" (the "District'), pursuant to Resolution No. 2007-08 adopted by the
Town Council of the Town (the "Town Council') on May 7, 2007; and
WHEREAS, the District shall be provided with water and wastewater and
all its related services; and
WHEREAS, all water and wastewater services are currently provided by
either Trophy Club MUD 1 or Trophy Club MUD 2 (MUDS) within their respective
districts; and
WHEREAS, on November 12, 2007, the Town Council agreed
unanimously to an Interlocal Agreement/Contract between the Town of Trophy
Club and the Trophy Club MUDS to have said MUDs provide water and
wastewater services to the District; and
WHEREAS, the Town is authorized to require the payment of reasonable
fees for services provided; and
WHEREAS, the Town Council hereby finds that the addition 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 and that the fees adopted hereunder
are set at amounts which reasonably compensate the Town for services
provided.
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
add Section 8.16, entitled "Public Works for Public Improvement District No. 1" so
that Section 8.16 is hereby added to be and read in its entirety as follows:
"Section 8.16 — Public Works for Public Improvement District No. 1
Connection Fee:
5/8" x3/4" $2,300.00
Impact Fee:
5/8" meter $ 616.00
1" meter $1,536.00
Meter Fee:
5/8" x3/4" $ 160.00
Domestic 1" 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
Monthlv 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
Monthlv Commercial Wastewater Fees:
Administration $ 11.50
0-6999 gallons per month $ 2.19/1,000
gallon
7,600 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 3`d day of March, 2008.
Mayor, Nick Sanders
Town of Trophy Club, Texas
ATTEST: 7
41
Town'Secretary, Lisa Ramsey
Town of Trophy Club, Texas
[SEAL]
Town Attorney, Patricia Adams
Town of Trophy Club, Texas