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ORD. 2021-24 - PID Water Fee Schedule TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2021-24 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SUBSECTION I, "ANNUAL CAPITAL IMPROVEMENT 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, 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 2021; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN 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; 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 Town of Trophy Club Code of Ordinances; and WHEREAS, Appendix A, Fee Schedule, Section A1.014 of the 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 April 15, 2014 (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 of Article VII of the Contract requires the Town to a charge a fee to the residents of the PID for the "Annual Capital Improvements and Maintenance Charge" due to MUD1; and ORD2021-24 Page 1 of 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 2020; and WHEREAS, the Town Council hereby finds that the amendment of Section A1.014 within Appendix A of the Code of Ordinances amending the Town's Fee Schedule to adopt the Annual Capital Improvement 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: 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 Subsection (i) entitled "Annual capital improvement and maintenance charge" of Section A1.014, "Water and wastewater fees for Public Improvement District No. 1,"within Appendix A, "Fee Schedule," of the Town of Trophy Club Code of Ordinances is hereby amended to read as follows and which shall be added to all other charges imposed under Section A1.014, and all such other fees and provisions of Section A1.014 not specifically amended hereby shall remain in full force and effect: "Appendix A - FEE SCHEDULE Section A1.014—Water and wastewater fees for Public Improvement District No. 1 (i) Annual capital improvement and maintenance charge: $9:45-to $9.55 (monthly fee per connection) 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 ORD 2021-24 Page 2 of 4 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 Clause of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 8. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. ORD 2021-24 Page 3 of 4 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 25th day of October 2021. I Alicia leury, ay Town f Troph CI , Texas ".) ATTEST: OF I hYc 0 4�a acek, TR C/CMC/MMC ~ Town Secretary/RMO * Town of Trophy Club, Texas �'9/'/vAW 1•� APPR VED TO AS FORM: 7 J. , o n Attorney To o rophy Club, Texas ORD 2021-24 Page 4 of 4 I c*- PID SURCHARGE TOWN OF for Calendar Year 2022 TROPHY CLUB Description Standard 0&M Revenue from PID Surcharge 49,613.00 30% 0&M proportion I&S Revenue from PID Surcharge 115,924.00 70% I&S proportion Total 165,537.00 Number of PID Water Connections 1,444.00 Standard rate for 12 months(per month) $ 9.55 Change in Rate from CY21($9.45) $ 0.10 Rate=((Total/Number of Residents)/12 Months) 1�tT 110EPAL IITELrrY DISTRICT October 5, 2021 Mike Erwin Emailed Finance Manager Town of Trophy Club Received By: 1 Trophy Wood / I Trophy Club,TX 76262 Date: PID Surcharge for Calendar Year 2022 In accordance with Section 7.2 of the Amended and Restated Contract for Wholesale Water Supply and Wastewater Treatment Services and Water and Wastewater Operational Services dated April 12, 2014, the District is providing notice of the Annual Capital Improvements and Maintenance Charge requirements for calendar year 2022. Total amount to be collected from Town retail water and wastewater customers is calculated below. MUD TARRANT COUNTY: 510,691,116 MUD DENTON COUNTY: 1,468,987,935 DENTON CO.PID: 824,066,245 O&M TAX/SURCHARGE RATE TAX/SURCHARGE RATE=REQUIRED REVENUE/TOTAL VALS1100 REQUIRED REVENUE Vals/100= 28,037,453 0&M FY 2022 Tax/Surcharge Rate= 0.00602 $185,705* Revenue from MUD Tax= $ 136,092 $168,800** Revenue from PID Surcharge= $ 49,613 *MUD(All of Dept.39 Budget) **PID(Legal and Auditor only Dept 39) Total: $ 185,705 I&S TAX/SURCHARGE RATE TAX/SURCHARGE RATE=REQUIRED REVENUE/TOTAL VALS/100 REQUIRED REVENUE Vals/100= 28,037,453 TAX NEW DEBT(I&S) FY 2022 PID Surcharge Rate= 0.01407 Revenue from MUD Tax= $ 278,488 $394,413 Revenue from PID Surcharge= $ 115,924 Total: $ 394,413 Total Due to Trophy Club MUD No.1 PID Surcharge Calendar 2022 $ 165,537 Trophy Club Municipal Utility District No. 1 100 Municipal Drive, Trophy Club, Texas 76262 (682) 831-4600 > r11AL UTILITY DISMCT October 5, 2021 The Town of Trophy Club is responsible for calculating the PID surcharge rate and must provide the new rate to Trophy Club Municipal Utility District No. 1 with an approved Town Rate Ordinance. In order for the January 2022 billing to reflect a new PID surcharge rate,the new Town Rate Ordinance must be received by the District no later than December 31,2021. The current 2021 PID surcharge rate per connection per month is set at$9.45,and as of September 301h the PID had 1,444 total water connections. In January, the District will reconcile the total funds collected from the PID surcharge for the calendar year and will submit any overage to the Town or if there is a shortage an invoice will be provided. Thank you for your prompt attention to this matter,and please contact me if you have any questions. Sincerely, Steven Krolczyk Finance Manager Trophy Club Municipal Utility District No. 1 100 Municipal Drive Trophy Club, TX 76262 Phone-682-831-4692 Trophy Club Municipal Utility District No. 1 100 Municipal Drive, Trophy Club, Texas 76262 (682) 831-4600