ORD 2003-02TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2003- 02
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 91-02,
ADOPTING DESIGN STANDARDS FOR PAVING, DRAINAGE AND
UTILITY IMPROVEMENTS BY ADDING SECTION XIX ENTITLED
"WAIVER"; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; 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 FOR
PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Trophy Club Town Council previously enacted Ordinance No. 91-02
regulating the Design Standards for Paving, Drainage and Utility Improvements (hereinafter
"Design Standards"); and
WHEREAS, since the passage of Ordinance No. 91-02 adopting the Design Standards,
the Town has received requests for waivers or exceptions to those requirements but has been
unable to consider such requests because Ordinance No. 91-02 does not contain a waiver
provision; and
WHEREAS, the staff has reviewed Ordinance No. 91-02 and the proposed waiver
thereto and has determined it to be in the best interests of the Town to amend that the Design
Standards Ordinance by adding a section that would allow an applicant to request a waiver under
limited circumstances; and
WHEREAS, the Planning and Zoning Commission now recommends that Town Council
approve the amendment to Ordinance No. 91-02, Design Standards; and
WHEREAS, having considered the recommendation of the Planning and Zoning
Commission, the Town Council finds it necessary and beneficial to amend Ordinance No. 91-02
to add Section XIX entitled "Waiver";
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
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.
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SECTION 2.
AMENDMENT
Ordinance No. 91-02 of the Town of Trophy Club, Texas, adopting Design Standards For
Paving, Drainage And Utility Improvements is hereby amended in the following particulars by
adding Section XIX, entitled "WAVER", and all other articles, chapters, sections, paragraphs,
sentences, phrases and words are not amended but are hereby ratified and affirmed:
XIX.
WAIVER
19.01 Request for Waiver. A waiver to one or more requirements of this Ordinance
may be granted upon the request of the Owner of the affected property or his/her authorized
agent under one or more of the following circumstances:
(A) The waiver request is for alternative construction material(s) or
method(s) and (i) such alternative construction material(s) or method(s)
are equivalent to or better than the construction material(s) or method(s)
required by the Design Standards and (ii) the quality of the completed
improvement is equal to or better than that which would be achieved if
strict compliance with the Design Standards was required.
(B) The waiver request is to: (i) construct an addition to or continuation of an
existing right-of-way; or (ii) make an improvement to, increase, or
decrease the size of an existing easement where the requested
construction or improvement does not comply with the currently adopted
Design Standards; and (iii) the request does not decrease the size or width
of the driving lanes or the adjacent utility easements
19.02 Review of Waiver Application. The person seeking the waiver shall have the
burden to demonstrate compliance with the requirements of section 19.01.. An application for
waiver shall first be reviewed by the Public Works Director and Town Engineer who shall make
a recommendation for approval or denial to Town Council. Town Council shall have final
authority and discretion to approve or deny the requested waiver.
SECTION 3.
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 Ordinance No. 91-02
on the date of adoption of this Ordinance shall continue to be governed by the provisions of such
Ordinance prior to the adoption of this amendment thereto and for that purpose the Ordinance
shall remain in full force and effect.
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SECTION 4.
SAVINGS
All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all
violations of the provisions of any other Ordinance affecting fence regulations which have
secured 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.
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 d.
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 hereof shall be fined, upon conviction, in an
amount not 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 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 S.
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, Penalty and Effective Date in the minutes of the Town
Council and by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication as
provided by law, and it is so ordained.
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PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas,
this 3rd day of March, 2003.
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Town of Trophy Club
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APPROVED AS TO FORM: a�3
Town Attorney
Town of Trophy Club
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