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ORD 2024-16 Building Standards Commission Members TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2024-16 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS; AMENDING CHAPTER 3 "BUILDING REGULATIONS"; ARTICLE 3.15 "BUILDING STANDARDS COMMISSION"; SECTION 3.15.002 "MEMBERS" OF THE CODE OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, TO MODIFY THE COMPOSITION OF THE BUILDING STANDARDS COMMISSION; PROVIDING THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (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, the Town Council is authorized by Chapter 54 of the Texas Local Gov't Code to provide for the appointment of a Building Standards Commission to hear and determine cases concerning alleged violations of Ordinances regulating buildings and structures, to order appropriate remedial actions, and to impose civil penalties as allowed by law; and WHEREAS, on June 23, 2015, the Town Council adopted Ordinance 2015-13 establishing a Building Standards Commission; and WHEREAS, multiple members of the Zoning Board of Adjustment currently sit on the Building Standards Commission, as these two bodies review requested changes from established zoning and/or building standards; and WHEREAS, with the Town of Trophy Club being largely built out, the number of cases considered by these two boards is very low and can be handled efficiently by the same individuals being appointed to both groups; and WHEREAS, the Town Council has determined that it is appropriate to change the membership of the Building Standards Commission to be the same as those individuals appointed to the Zoning Board of Adjustment. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES All of the premises and recitals above are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. ORDINANCE NO. 2024-16 PAGE 2 SECTION 2. AMENDMENTS Section 3.15.002 "Members" of Chapter 3 "Building Regulations" of Article 3.15 entitled "Building Standards Commission"of the Code of Ordinances, Town of Trophy Club, Texas (the "Code") is hereby amended by revising and replacing only Subsection (a) of Section 3.15.002 in its entirety to read as follows: § 3.15.002 Members. "(a) Composition, appointment, qualifications. The commission shall be comprised of the same members appointed to the Town's Zoning Board of Adjustment, and the commission shall consist of five (5) regular members and four (4) alternate members, all appointed by the Town Council. Alternate members shall have the same duties and responsibilities as regular members who shall serve in the absence of one (1) or more regular members when requested to do so by the town manager, or designee. All cases shall be heard by at least four (4) members. To the extent possible, members of the commission should be qualified in one (1) or more of the fields of fire prevention, building construction, sanitation, plumbing, electricity, mechanical systems, engineering, architecture or public health. Failure of a person to be qualified in any of such fields shall not prevent or disqualify that person from sitting on the commission." All other subsections of Section 3.15.002 not revised herein remain unaltered. SECTION 3. CUMULATIVE This Ordinance shall be cumulative of all other provisions of ordinances of the Town, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. SEVERABILITY It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase of this Ordinance shall be declared unconstitutional by a the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance; since the same would have been enacted by the Town Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. ORDINANCE NO. 2024-16 PAGE 3 SECTION 5. SAVINGS All rights and remedies of the Town are expressly saved as to any and all violations of the ordinances of the Town that have accrued 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 6. EFFECTIVE DATE This Ordinance shall become effective on October 1, 2024, and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town o Trophy Club, Texas, this the 26th day of August, 2024. 44a4° TRO,o6, o 44t c J nnette Tiffany, or , ATTEST: 9 `� /pG'?Ry .\9�� Tammy Dixon, n Secretary APPROVED AS TO FORM: Dean Ro , o orney