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ORD 2003-04 P&ZTOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2003 - 04 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 2001-21 P&Z OF THE TOWN, GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION OF LAND WITHIN AND WITHOUT THE CORPORATE LEMTS OF THE TOWN OF TROPHY CLUB, TEXAS BY AMENDING SECTION 7.2, ENTITLED "PERFORMANCE BONDS, PAYMENT BONDS, MAINTENANCE BONDS & FINANCIAL ASSURANCES" OF ARTICLE 7, ENTITLED "DEVELOPER'S AGREEMENT, FINANCIAL ASSURANCE AND CONSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS" BY ADDING SUBSECTION (6) "THIRD PARTY ASSURANCES" TO SECTION 7.2 IN ORDER TO PROVIDE AN ALTERNATIVE FINANCIAL ASSURANCE METHOD; PROVIDING THAT ALL OTHER PROVISIONS OF SECTION 7.2 AND ARTICLE 7 REMAIN UNAFFECTED; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING SAVINGS; 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 FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas, is authorized and empowered by law, in accordance with Chapter 212 of the Texas Local Government Code to regulate the subdivision of land and property development within the Town; and WHEREAS, on September 17, 2001, the Town adopted Ordinance No. 2001-21 P&Z, governing and regulating the platting and subdivision of land within and without the corporate limits of the Town of Trophy Club; and WHEREAS, the Town Council now deems it necessary for the safe, orderly, and healthful development of the Town and in the best interest of the Town of Trophy Club, Texas, to amend Section 7.2 of Ordinance No. 2001-21 P&Z by adding a new subsection (b) to Section 7.2 entitled "Third Party Assurances" in order to provide an additional alternative financial assurance method applicable to the subdivision of land within and without the corporate limits of the Town. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Page 1 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 Ordinance No. 2001-21 P&Z of the Town of Trophy Club, Texas, the same being the Town's Ordinance Governing and Regulating the Platting and Subdivision of Land Within and Without the Corporate Limits of The Town Of Trophy Club, is hereby amended in the following particulars, and all other articles, chapters, sections, paragraphs, sentences, phrases and words, including but not limited to those specifically contained in Article 7 and Section 7.2, are not amended but are hereby ratified and affirmed: Article 7, Section 7.2, "Performance Bonds, Payment Bonds, Maintenance Bonds & Financial Assurances" is amended to add subsection (6) as follows: (6) Third Party Assurances: As an alternative means for compliance with the requirements contained in subsections (1), (2), and (3) of this Section 7.2, the Developer may submit to the Town financial assurances for performance, payment and maintenance from a single general contractor for the project, provided that such assurances meet all other requirements of this Ordinance and name the Town as dual obligee. 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. 2001-21 P&Z or any other Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. Page 2 SECTION 4. SAVINGS CLAUSE 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 regulations governing and regulating the platting and subdivision of land 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 CLAUSE 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 6. PENALTY CLAUSE 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. SECTION 7. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish in one issue of the official newspaper of the Town of Trophy Club, the Caption, Penalty Clause and Effective Date Clause 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 Clause and Effective Date Clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. Page 3 SECTION 9. 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 3rd day of March, 2003.' 0 Town Secreta' Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas of Trophy Club, Texas Page 4