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ORD 2016-22 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-22 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 95-20 P&Z ESTABLISHING PD PLANNED DEVELOPMENT #13, SUCH ORDINANCE HAVING BEEN SUBSEQUENTLY AMENDED BY ORDINANCE NO. 97-16 P&Z, BY ORDINANCE NO. 97-23 P&Z, BY ORDINANCE NO. 2001-09 P&Z, BY ORDINANCE NO. 2002-23 P&Z, BY ORDINANCE NO. 2006-15 P&Z, BY ORDINANCE NO. 2010-28 P&Z, ORDINANCE NO. 2015-08 P&Z AND BY ORDINANCE NO. 2016-02 P&Z OF THE TOWN, THE SAME BEING PD PLANNED DEVELOPMENT #13, AND THE SAME BEING HEREBY FURTHER AMENDED BY THIS ORDINANCE AMENDING EXHIBIT "A" OF ORDINANCE NO. 2016-02 P&Z IN ORDER TO AMEND THE APPROVED SIGN PLAN FOR TRACT 3; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN; PROVIDING APPLICABLE REGULATIONS; PROVIDING A SAVINGS AND REPEALER CLAUSE; 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 A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the sign plan for Tract 3 of PD #13 (the "Land"), located on Lot 3, The Village at 91 Trophy Club Drive, was approved by the Town Council on January 26, 2016 by approval of Ordinance No. 2016-02 P&Z, and WHEREAS, the owner of Tract 3 of PD #13 (the "Land"), located on Lot 3, The Village at 91 Trophy Club Drive, wishes to amend the sign plan, approved as Exhibit "A" in Ordinance No. 2016-02 P&Z, and WHEREAS, said amendments proposed to Ordinance No. 2016-02 P&Z are attached herein as Exhibit "A", and WHEREAS, all legal notices, requirements and conditions having been complied with, the amendment to PD #13 came before the Planning and Zoning Commission and Town Council; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the public hearings and all other relevant information and materials, the Planning and Zoning Commission of the Town has recommended to the Town Council the adoption of the amendments to the Comprehensive Zoning Ordinance as set forth in this Ordinance; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission and the information and other materials received at the public hearing, the Town Council has concluded that the adoption of this Ordinance amending the Comprehensive Zoning Ordinance of the Town is in the best interests of the Town of Trophy Club, Texas and of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 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 2.01 Ordinance No. 95-20 P&Z of the Town of Trophy Club, Texas, creating the Town's PD Planned Development #13 as amended by Ordinance No. 97-16 P&Z, by Ordinance No. 97-23 P&Z, by Ordinance No. 2001-09 P&Z, by Ordinance No. 2002-23 P&Z, by Ordinance No. 2006-15 P&Z, by Ordinance No. 2010-28 P&Z, by Ordinance 2015-08 P&Z and by Ordinance No. 2016-02 of the Town, is hereby further amended by this Ordinance amending Exhibit "A" of Ordinance No. 2016-02 P&Z, by adopting Exhibit "A" — Sign Plan for Tract 3, which replaces Exhibit "A" in Ordinance No. 2016-02 P&Z, and all other articles, chapters, sections, paragraphs, sentences, phrases and words not expressly amended hereby are ratified and affirmed and shall continue in full force and effect: SECTION 3. APPLICABLE REGULATIONS In all respects the Land shall be subject to the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances and regulations of the Town. SECTION 4. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the 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, ORD 2016-22 P&Z Page 2 of 4 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 5. 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 hereof shall be fined, upon conviction, in an amount 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. The penalty provided by this section shall be cumulative of all other penalties allowed by law, including without limitation, civil remedies available for enforcement of this Ordinance. SECTION 6. SEVERABILITY The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause 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 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 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. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by filing this Ordinance in the ordinance records of the Town and in accordance with the Town Charter. ORD 2016-22 P&Z Page 3 of 4 SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 14th day of June 2016. ATTEST: Holly Fimbre , Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: v1 David Dodd, Town Attorney Town of Trophy Club, Texas - l C. 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