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ORD 2009-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-13 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE TOWN, ENTITLED "PUBLIC WORKS", ARTICLE VI, ENTITLED "STORMWATER RUNOFF", SECTION 6.05 ENTITLED "RUNOFF FROM CONSTRUCTION ACTIVITY"', SUBSECTION A, B, and C TO ADD ADDITIONAL CONTROLS OVER EROSION, AND OFF-SITE TRACKING BY VEHICLES FROM CONSTRUCTION SITES, AND CONTROLS FOR AIRBORNE POLLUTANTS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is a home rule municipality organized under the Constitution and the laws of the State of Texas; and WHEREAS, after due deliberations of the information and other materials received at public meeting, the Town Council has concluded that the amendments of this Ordinance are in the best interests of the Town of Trophy Club, Texas, and of the public health, safety and general welfare; and WHEREAS, after review by the Town staff, who are charged with maintaining safety standards, Staff recommended that the Town's Ordinance for Runoff from Construction Activity be amended to allow additional erosion controls, to allow control of off-site tracking by vehicles entering and exiting the site, and to allow control of airborne pollutants; and WHEREAS, having determined that changing the regulations of runoff from construction activity in accordance with the provisions set forth below is an appropriate and beneficial governmental function, Council hereby determines that the adoption of this Ordinance serves the health, safety and welfare of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. AMENDMENTS Section 6.05 Runoff From Construction Activity A. Applicability This section applies to all construction and/or land disturbing activities that exceed three thousand square feet in area, either alone or as part of a larger development, in the Town of Trophy Club, or its extraterritorial jurisdiction. The provisions of this section shall apply to all Persons filling, grading, excavating or otherwise conducting land -disturbing activities or causing directly or ordering land -disturbing activities to occur within the Town, whether they be contractors, subcontractors, supervisors, inspectors, managers, agents, employees or otherwise. This section shall apply regardless of whether a Person is required to obtain a permit from the Town in order to conduct such land -disturbing or construction activity. B. Responsibilities All Persons shall be accountable for any erosion of their property or construction site, whether such property is owned or otherwise under the direct or indirect control of such Person, when the result of such activity is the accumulation of sediment, including soil, rock, mud, or debris which washes, slides or otherwise is moved from the real property or construction site onto dedicated streets, alleys, any waterways, utility facilities, right-of-way, easements or onto other private properties. Any accumulation or deposit of soil material beyond the limits of such premises or in Town streets, alleys or drainage facilities or other private property in an amount sufficient to constitute a threat to public safety and comfort as determined by the Designated Official, shall constitute a violation of this Article. This includes off-site tracking by vehicles entering and exiting the site, paints, solvents, cleaners, wind blown debris, or other materials associated with construction activity at a site. In addition, airborne pollutants, including but not limited to dirt, sand, and concrete/brick dust are to be kept under containment so as to not harm the life, health, or welfare of other workers, residents, or animals. Utilization of wet saws or a dust collection system is required on all brick/concrete cutting. Moisture content of worksite shall be sufficient so as to not allow erosion by air. All Persons shall be responsible for all cleanup operations incidental to or related to land - disturbing activity under their direct or indirect ownership or control. Cleanup responsibilities shall include, without limitation, the leveling, establishment of ground cover, erosion control and removal of all trash or other materials not suitable for fill including those deposited on streets, alleys, utility facilities, rights-of-way or easements or such other remedial action as determined appropriate by the Designated Official in order to protect the public safety and welfare. Every landowner of premises through which a watercourse passes, including such person's lessee, licensee, agent, or assign shall keep and maintain that part of the watercourse within the premises free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. in Ordinance 2009-13 2 addition, such landowner shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse or disrupt the natural flow of water through the watercourse. C. Remedial Action Authorized If a Person fails in any respect to fulfill the requirement of this Article, the Designated Official may go upon the Person's property and perform such work as may be necessary to fulfill such requirements and may level, establish ground cover, construct erosion control, remove all soil, rock, debris and other materials not suitable for fill including those deposited on streets, alleys, utility facilities, rights-of-way or easements, at the Person's expense and charge same against the Person's deposit. If a deposit has not been made with the Town, or if the cost incurred by the Town exceeds the amount of the deposit, the Town may bill such person for the unpaid expenses and if the person fails to pay the Town for such expenses within thirty days of being billed for same, the Town shall have the right to place a lien on the Land property which shall be filed with the county clerk for all amounts expended by the Town in excess of the deposit plus interest at the current lawful rate. SECTION 3. 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 than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved to any and all violations of the provisions of any Ordinance affecting accessory structures which 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 5. CUMULATIVE REPEALER That 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. 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 Ordinance 2009-13 3 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2009-15 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, ABANDONING ALL OF ITS INTEREST, WHETHER OBTAINED THROUGH DEDICATION, OWNERSHIP, OR OTHERWISE, IN A TRACT OF LAND OF APPROXIMATELY 5,625 SQUARE FOOT IN SIZE, MORE OR LESS, AND LOCATED NEAR THE MEDLIN MIDDLE SCHOOL IN TROPHY CLUB, DENTON COUNTY, TEXAS; PROVIDING FOR THE INCORPORATION OF FINDINGS; PROVIDING FOR THE TOWN'S ABANDONMENTIRELI NQUISHMENT OF A 5,625 SQUARE FOOT TRACT OF LAND MORE SPECIFICALLY DESCRIBED AND IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A SAVINGS AND REPEALING CLAUSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE. WHEREAS, the Town of Trophy Club, Texas ("Trophy Club"), has received a request from Northwest Independent School District, to abandon all of its interest, whether obtained through dedication, ownership, or otherwise, in an approximately 5,625 square foot tract of land, and all private improvements located thereon and all private appurtenances thereto, such land being located near the Medlin Middle School in Trophy Club, Texas and more particularly described in Exhibit "A", a copy of which is attached hereto and incorporated herein (hereinafter referred to as the "Real Estate"); and WHEREAS, the Town has entered in to a transaction with Northwest Independent School District for the purchase of a tract of land from NISD for the location of a Town water tower, and as part of that transaction, the Town received a reduction in the purchase price for the future water tower site in consideration of the Town Council's relinquishment of all interest in the Real Estate; and WHEREAS, the Town Council of the Town of Trophy Club (the "Town Council") through the passage of this Ordinance in accordance with the Town's Home Rule Charter, hereby relinquishes all right, title and interest to the Real Estate including all private improvements located thereon and all private appurtenances thereto, in accordance with the terms of this Ordinance; and WHEREAS, the Town Council has investigated and has determined that the relinquishment serves the best interests of the public and hereby approves the relinquishment of the Town's interest in the Real Estate via the passage of this Ordinance. ORDINANCE NO. 2009-15 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1: Findings Incorporated. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2: Abandonment/Relinquishment of Real Estate. The Town of Trophy Club through the passage of this Ordinance hereby abandons all of its interest and rights in and to the Real Estate, including all private improvements located thereon and all private appurtenances thereto, as described in Exhibit "A" hereto, whether obtained through dedication, ownership, or otherwise; provided however that the Town expressly reserves all rights, title and interest in public infrastructure and improvements located upon, under, and/or adjacent to the Real Estate. Section 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent that they are in conflict. Any remaining portions of such ordinances shall remain in full force and effect. Section 4, Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Section 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, on this 22nd day of June, 2009. ATTESTED AND CORRECTLY/ RECORDED: 7e a Hennek, Town Secreta O Connie White, Mayor 6F TRO A �j- � GgRY 01 PROVED AS TO FORM: tricia A. 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Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6. 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 i. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish the Caption, Penalty and Effective Date 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 as required by the Town Charter and state law. SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and 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 1st day of June, 2009. A�e4i zr Mayor, Connie White Town of Trophy Club, Texas [SEAL] Ordinance 2009-13 4 ATTEST: Lisa Hennek, wn Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: atricia A. Adams,Town Attorney Town of Trophy Club, Texas Ordinance 2009-13