ORD 2012-19TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-19 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE
TOWN, ENTITLED "ZONING", ARTICLE II, ENTITLED "DEFINITIONS,"
SECTION 2.02 ENTITLED "GENERAL DEFINITIONS" TO ADOPT A
DEFINITION FOR "BANK OR FINANCIAL INSTITUTION"; PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS; 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; PROVIDING A SAVINGS CLAUSE; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS AND
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 public hearing and due deliberations and consideration of the
recommendation of the Planning & Zoning Commission, and the information and other
materials received at public meetings, the Town Council has concluded that the
amendments of this Ordinance are in the best interests of the Town of Trophy Club,
Texas; and
WHEREAS, having determined that a definition for Bank or Financial Institution
has not been .established in the Zoning Ordinance, Staff recommends adopting a
definition for those uses; and
WHEREAS, having determined that adopting the definition set forth below for
Bank or Financial Institution as part of the Zoning Ordinance is a proper exercise of
governmental authority necessary to regulate orderly development and use of land,
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 if! their entirety.
SECTION 2.
AMENDMENTS
2.01 Article II, Entitled "Definitions," of Chapter 13, entitled "Zoning", of the Code of
Ordinances of the Town of Trophy Club is hereby amended so that Section 2.02 entitled
"General Definitions" is amended to add a definition for "Bank or Financial Institution",
which definition shall be and read in its entirety as follows and shall be placed in alpha
numeric order as number 20 of the Subsection A "Definitions", and all other definitions
shall remain the same in content but definitions subsequently listed shall be
renumbered accordingly:
Section 2.02 General Definitions
A. The following words, when used in this ordinance, shall have the meanings
respectively ascribed to them in this section, unless such definition would be
inconsistent with the manifest intent of the Planning and Zoning Commission and
the Town Councilor where the context of this Ordinance clearly indicates
otherwise:
"20. Bank or Financial Institution: An establishment, open to the public, for the
deposit, custody, loan, exchange or issue of money, the extension of credit
and/or facilitating the transmission of funds and other financial services and
that is licensed by the appropriate state or federal agency as a bank, savings
and loan association, or credit union. This excludes pawnshops, check
cashing businesses, and payday advancelloan businesses. "
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 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.
ORD 2012-19 Page 2 of 4
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 zoning uses,
specifically bank or financial institution uses, 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 inconsistent with this
Ordinance. 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 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.
ORO 2012-19 Page 3 of4
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 24th day of September, 2012.
ATTEST:
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
ORO 2012-19
C6nnie White, Mayor
Town of Trophy Club, Texas
Page 4 of 4