ORD 2005-13TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-13
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
REPEALING ORDINANCE NO. 2003-02 WHICH AMENDED
ORDINANCE NO. 91-02 THE SAME BEING AN ORDINANCE
ADOPTING DESIGN STANDARDS FOR PAVING, DRAINAGE AND
UTILITY IMPROVEMENTS BY ADDING SECTION XIX ENTITLED
"WAIVER", AND REPEALING ORDINANCE NO. 2005-05, ADOPTING
DESIGN STANDARDS FOR PAVING, DRAINAGE AND UTILITY
IMPROVEMENTS, AND ADOPTING NEW PROVISIONS FOR DESIGN
STANDARDS FOR ROADWAY, DRAINAGE, WATER &
WASTEWATER AND CONSTRUCTION SPECIFICATIONS;
PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING
CRITERIA FOR ROADWAY DESIGN; PROVIDING CRITERIA FOR
DRAINAGE DESIGN; PROVIDING DESIGN CRITERIA FOR
WASTEWATER PROJECTS; PRESCRIBING CONSTRUCTION
STANDARDS; PROVIDING REQUIREMENTS FOR WAIVER
REQUESTS; PROVIDING A CONSTRUCTION PLAN CHECKLIST;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING A PUBLICATION CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club 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 Texas Local Government Code; and
WHEREAS, on March 3, 2003, the Town Council enacted Ordinance No. 2003-02, an
Ordinance amending Ordinance No. 91-02, adopting design standards for paving, drainage and
utility improvements by adding Section XIX entitled "Waiver"; and
WHEREAS, on March 21, 2005, the Town Council repealed Ordinance No. 91-02 by
adopting Ordinance No. 2005-05, an ordinance updating the previously adopted standards
regulating design standards for paving, drainage and utility improvements within the Town of
Trophy Club; and
WHEREAS, since the passage of Ordinance No. 2005-05, Town staff had identified the
need to incorporate provisions regulating subdrains and concrete flumes within the Town of
Trophy Club, and;
WHEREAS, staff has reviewed Ordinance No. 2005-05 and the proposed criteria
relating to subdrains and concrete flumes and has determined it to be in the best interests of the
Town to repeal the Design Standards Ordinance and adopt provisions regulating design standards
for paving, drainage and utility improvements within the Town of Trophy Club by adding
criteria relating to subdrains and concrete flumes; and
WHEREAS, the amendment to Ordinance No. 91-02 which was adopted by Ordinance
No. 2003-02 remains in effect but is not included as part of Ordinance No. 2005-05; and
WHEREAS, in an effort to ensure that all Town Ordinance provisions are easily
accessed by the public, staff has determined it appropriate to repeal Ordinance No. 2005-05 to
include in that Ordinance all provisions relating to design standards for paving, drainage and
utility improvements; 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;
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 adopt this Ordinance by repealing and replacing Ordinance Nos. 2003-02 and 2005-05.
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.
ADOPTION OF PROVISIONS
That Exhibit "A" entitled "Town of Trophy Club, Texas Design Standards and
Construction Specifications" is attached hereto and incorporated herein for all intents and
purposes has been established and is hereby adopted by the Town Council.
SECTION 3.
CUMULATIVE REPEALER
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; provided, however, that Ordinance Nos. 2003-02 and 2005-05 are
hereby repealed. 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 Nos. 2003-02 and 2005-05
on the date of adoption of this Ordinance or under such portion of any other Ordinance
incorporating Design Standards for Roadway, Drainage, Water & Wastewater and Construction
Specifications shall continue to be governed by the provisions of such Ordinances and for that
purpose the Ordinances shall remain in full force and effect.
SECTION 4.
SAVINGS
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 Design Standards for
Roadway, Drainage, Water & Wastewater and Construction Specifications 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 S.
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
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 G.
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 more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
SECTION 7.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll
this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the
Town Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 16°i day of May, 2005.
Mayor
EFFECTIVE DATE: May 21, 2005
ATTEST:
Lisa Ramsey, Interim Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
UI
Town Attorney
Town of Trophy Club, Texas
Town of Trophy Club, Texas
[SEAL]
J
�r
�RY 1.19$