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ORD 2009-02TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-02 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", SECTION 8.03, ENTITLED "COMMUNITY DEVELOPMENT DEPARTMENT", SUB-SECTION F ENTITLED "CONTRACTOR REGISTRATION" BY ADDING A REGISTRATION FEE FOR IRRIGATORS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PENALTY NOT LESS THAN ONE DOLLAR ($1.00) AND NOT MORE THAN 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, 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 WHEREAS, the Town requires certain contractors providing services within its boundaries to register their names and business information with the Town so that the Town is aware of contractors providing services within its boundaries and requires such contractors to pay a fee to cover the costs of that registration; and WHEREAS, it was determined that there is a need to add Irrigators to the list of contractors that should be registered with the Town; and WHEREAS, the Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town, and based upon those costs, the Town has determined the amount of fee that reasonably covers the costs for registration of Irrigators; and WHEREAS, the Town has determined that the amount of fee imposed for the registration of Irrigators is reasonable, covers administrative costs of registration of such contractors and is necessary to protect the health, safety and welfare of its residents receiving services from such contractors; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Ordinance 2009-02 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. AMENDMENTS 2.03 Article VIII entitled, "Schedule of Fees" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.03, entitled "Community Development Department", Subsection F, entitled "Contractor Registration" is hereby amended to add a fee for the registration of "Licensed Irrigators" so that Section 8.03(F) shall be and read in its entirety as follows: F. Contractor Registration Master Electrician $125.00 HVAC $125.00 Fire Protection $125.00 Irrigation $125.00 Master Plumber $125.00 Backflow Testing $75.00 All Registration Renewals $50.00 SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Sclledule 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 orpursuant 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 of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. Ordinance 2009-02 2 ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. PENALTY It shall be unlawful for any person to recklessly 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 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, Texas, this the 19th day of January, 2009. Mayor, Nick Sanders Town of Trophy Club, Texas ATTEST: J ~,~~!ftJ-A---~__~ ~ecreta , .. Henn~ Town of Trophy Club, Texas [SEAL] ~vQ~ •Town Attorney, Patricia Adams Town of Trophy Club, Texas Ordinance 2009-02 -1c s6'6'<,~ 0::; <::t' ~, ~":'-'. 3