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ORD 2006-37TOWN OF TROPHY CLUB, TEXAS TOWN ORDINANCE NO. 2006-37 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED "ADMINISTRATION', ARTICLE VIII, ENTITLED "SCHEDULE OF FEES", BY AMENDING SUBSECTION "L" "HEALTH PERMITS", TO REVISE FEE AMOUNT FOR CHILDCARE CENTERS; BY AMENDING SECTION 8.03, ENTITLED, "COMMUNITY DEVELOPMENT DEPARTMENT" BY AMENDING SUBSECTION "Y", "STORMWATER DRAINAGE UTILITY", TO REVISE FEE AMOUNTS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2006-14 was adopted on June 5, 2006 and provided for the adoption of a new schedule of fees for the Town of Trophy Club (hereinafter referred to as `Town"); and WHEREAS, due to changes in costs incurred by the Town which require an amendment to various fees, the Town now finds it necessary and proper to amend Ordinance No. 2006-14 by revising the fees associated with Storm Drainage Utility, Health Inspections for Childcare Facilities, and adding fees for Tree Mitigation into the Schedule of Fees; and WHEREAS, the fees adopted hereby are reasonable and reflect reimbursement for administrative costs incurred by the Town in providing various services to the public; and I WHEREAS, the Town is authorized to require the payment of reasonable fees for services provided; and WHEREAS, the Town Council hereby finds that the amendment of Sections L, and Y, of Section 8.03 of Article VIII, Chapter 1, of the Code of Ordinances as further specified herein 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 Article VIII entitled "Schedule of Fees" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town is hereby amended to revise Section 8.03, subsection "L" entitled "Health Permits" so that 8.03(L) is hereby revised as follows: L. Health Permits Food Establishment Retail Food Store Mobil Food Unit Roadside Food Vendor Child Care Centers Temporary Food Establishment 2.02 Article VIII entitled "Schedule of Fees" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town is hereby amended to revise Section 8.03, subsection "Y" entitled "Stormwater Drainage Utility" so that 8.03(Y) is hereby revised to read as follows: Y. Stormwater Drainage Utility Residential Single Family Multi -Family Properties Apartments — Limit Development Director to be set by Community Non -Residential Properties Impervious Area in Square Feet 0 - 10,000 sf impervious area 10,001 — 50,000 sf impervious area 50,001 - 100,000 sf impervious area 100,001 — 200,000 sf impervious area 200,001 —400,000 sf impervious area 400,001 — 3,000,000 sf impervious area $225.00 $525.00 $100.00 $100.00 225.00 $35.00 Monthly Fee $3.00 $1.50 per unit The greater of a $15.00 flat fee or $0.18 per 100 sf $22.50 $30.00 $37.50 $45.00 $52.50 SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Schedule of 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 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 sOch 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 by copying the exact Caption 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. 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 thaq Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. 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, Texds, this the 18th day of September, 2006. &�-�� Mayor Town of Trophy Club, Texas ATTEST: Town Secretary Town of Trophy Club, Texas [SEAL] /Oy `� O c Town Attorney Town of Trophy Club, Texas h \�Ry 1, �9�