ORD 2003-04 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2003 - 04 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING ORDINANCE NO. 2001-21 P&Z OF THE TOWN,
GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION
OF LAND WITHIN AND WITHOUT THE CORPORATE LEMTS OF
THE TOWN OF TROPHY CLUB, TEXAS BY AMENDING SECTION 7.2,
ENTITLED "PERFORMANCE BONDS, PAYMENT BONDS,
MAINTENANCE BONDS & FINANCIAL ASSURANCES" OF ARTICLE
7, ENTITLED "DEVELOPER'S AGREEMENT, FINANCIAL
ASSURANCE AND CONSTRUCTION CONTRACTS FOR PUBLIC
IMPROVEMENTS" BY ADDING SUBSECTION (6) "THIRD PARTY
ASSURANCES" TO SECTION 7.2 IN ORDER TO PROVIDE AN
ALTERNATIVE FINANCIAL ASSURANCE METHOD; PROVIDING
THAT ALL OTHER PROVISIONS OF SECTION 7.2 AND ARTICLE 7
REMAIN UNAFFECTED; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING SAVINGS;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) 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; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas, is authorized
and empowered by law, in accordance with Chapter 212 of the Texas Local Government
Code to regulate the subdivision of land and property development within the Town; and
WHEREAS, on September 17, 2001, the Town adopted Ordinance No. 2001-21
P&Z, governing and regulating the platting and subdivision of land within and without
the corporate limits of the Town of Trophy Club; and
WHEREAS, the Town Council now deems it necessary for the safe, orderly, and
healthful development of the Town and in the best interest of the Town of Trophy Club,
Texas, to amend Section 7.2 of Ordinance No. 2001-21 P&Z by adding a new subsection
(b) to Section 7.2 entitled "Third Party Assurances" in order to provide an additional
alternative financial assurance method applicable to the subdivision of land within and
without the corporate limits of the Town.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
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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
Ordinance No. 2001-21 P&Z of the Town of Trophy Club, Texas, the same being
the Town's Ordinance Governing and Regulating the Platting and Subdivision of Land
Within and Without the Corporate Limits of The Town Of Trophy Club, is hereby
amended in the following particulars, and all other articles, chapters, sections,
paragraphs, sentences, phrases and words, including but not limited to those specifically
contained in Article 7 and Section 7.2, are not amended but are hereby ratified and
affirmed:
Article 7, Section 7.2, "Performance Bonds, Payment Bonds, Maintenance
Bonds & Financial Assurances" is amended to add subsection (6) as
follows:
(6) Third Party Assurances: As an alternative means for
compliance with the requirements contained in subsections
(1), (2), and (3) of this Section 7.2, the Developer may
submit to the Town financial assurances for performance,
payment and maintenance from a single general contractor
for the project, provided that such assurances meet all other
requirements of this Ordinance and name the Town as dual
obligee.
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances and shall not
repeal any of the provisions of such Ordinances except for those instances where there
are direct conflicts with the provisions of this Ordinance. Ordinances or parts thereof in
force at the time this Ordinance shall take effect and that are inconsistent with this
Ordinance are hereby repealed to the extent that they are inconsistent with this
Ordinance. Provided however, that any complaint, action, claim or lawsuit which has
been initiated or has arisen under or pursuant to Ordinance No. 2001-21 P&Z or any
other Ordinance on the date of adoption of this Ordinance shall continue to be governed
by the provisions of such Ordinance and for that purpose the Ordinance shall remain in
full force and effect.
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SECTION 4.
SAVINGS CLAUSE
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved
as to any and all violations of the provisions of any other Ordinance affecting regulations
governing and regulating the platting and subdivision of land which have secured 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 5.
SEVERABILITY CLAUSE
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 6.
PENALTY CLAUSE
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 Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed 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 in
one issue of the official newspaper of the Town of Trophy Club, the Caption, Penalty
Clause and Effective Date Clause of this Ordinance as required by Section 52.011 of the
Texas Local Government Code.
SECTION S.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross
and enroll this Ordinance by copying the exact Caption, Penalty Clause and Effective
Date Clause in the minutes of the Town Council of the Town of Trophy Club and by
filing this Ordinance in the Ordinance records of the Town.
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SECTION 9.
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 3rd day of March, 2003.'
0
Town Secreta'
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
of Trophy Club, Texas
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