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ORD 2012-07TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-07 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ARTICLE II, ENTITLED "TRAFFIC AND VEHICLES" OF CHAPTER 10, ENTITLED "PUBLIC SAFETY", SECTION 2.05, "PARKING", SUBSECTION B, PARAGRAPH 1 (g) OF THE CODE OF ORDINANCES OF THE TOWN TO DESIGNATE AN ADDITIONAL NO PARKING ZONE ON PARKVIEW DRIVE DURING DESIGNATED HOURS ON SCHOOL DAYS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE AUTHORIZING UPON CONVICTION, A FINE OF NOT LESS THAN ONE DOLLAR ($1.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00), AS ALLOWED BY LAW, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality duly formed under the Constitution and the laws of the State of Texas; and WHEREAS, the regulation of traffic is essential to the furtherance of public health, safety and welfare; and WHEREAS, in order to maintain adequate passage for emergency vehicles and to maximize traffic safety and visibility, Town staff has identified locations for which it is necessary to deSignate a NO PARKING zone; and WHEREAS, due to changes in traffic and road conditions, Town staff has identified the need to designate an additional NO PARKING zone on a portion of Parkview Drive during designated hours on school days; and WHEREAS, the Town Council determines that regulating parking in certain areas within the Town will increase visibility and further the public health, safety and welfare. 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 II entitled, "Traffic & Vehicles" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to modify Section 2.05, entitled "Parking", Subsection B, Paragraph 1 (g), so that paragraph (1) (g) shall be and read as follows: B. Parking of Vehicles Prohibited 1. It shall be unlawful for any person to leave, park or stand a motor vehicle, mobile home, motor home, recreational vehicle, trailer or boat upon the following portions of the public streets located within the Town: "g. Along the East and West Sides of Parkview Drive from Durango Drive to Bobcat Boulevard between the hours of 7:00 A.M. and 9:00 A.M. and between the hours of 2:30 P.M. and 4:30 P.M. on school days;" SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town affecting the vehicle parking regulations 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 of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. ORD 2012-07 Page 2 of 3 SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance in the Ordinance records of the Town and to properly record this Ordinance in accordance with the Town Charter. 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 than Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. 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. 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 March, 2012. ~ JL;dL donnie White, Mayor Town of Trophy Club, Texas ATIEST: [SEAL] ORD 2012-07 Page 3 of 3