ORD 2001-21 P&ZTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2001-21 P&Z
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING ORDINANCE NO. 98-08 P&Z OF THE TOWN,
GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION
OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF
THE TOWN OF TROPHY CLUB, TEXAS; REPEALING ORDINANCE
NO. 2001-17 P&Z, THE SAME AMENDING ORDINANCE NO. 98-08 P&Z
BY ADDING ARTICLE 7 TO ADOPT PROVISIONS FOR THE
DEVELOPER'S AGREEMENT, FINANCIAL ASSURANCE AND
CONTSTRUCTION CONTRACTS FOR PUBLIC IMPROVEMENTS;
AND PROVIDING FOR THE ADOPTION OF NEW PROVISIONS
GOVERNING AND REGULATING THE PLATTING AND SUBDIVISION
OF LAND WITHIN AND WITHOUT THE CORPORATE LIMITS OF
THE TOWN OF TROPHY CLUB; PROVIDING GENERAL PROVISIONS
AND REQUIREMENTS; PROVIDING DEFINITIONS; ESTABLISHING
GENERAL PLAT SUBMITTAL REQUIREMENTS; PROVIDING FOR
IMPROVEMENTS; ESTABLISHING SUBDIVISION DESIGN
STANDARDS; PROVIDING FOR ENFORCEMENT TO INCLUDE AN
APPEAL PROCESS, TOWN AUTHORITY, APPLICABLE WAIVERS,
AND PENALTY; PROVIDING FOR THE DEVELOPER'S AGREEMENT,
FINANCIAL ASSURANCE, AND CONSTRUCTION CONTRACTS FOR
PUBLIC IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF
PERMITS AND REQUIRING APPLICABLE FEES THROUGHOUT;
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 April 21, 1998, the Town adopted Ordinance No. 98.08 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, on August 20, 2001, the Town adopted Ordinance No. 2001-17
P&Z, an ordinance amending Ordinance No. 98-08 P&Z, by adding Article 7 providing
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for the developer's agreement, financial assurance and construction contracts for public
improvements, 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 repeal Ordinance No, 98--08 P&Z and Ordinance 2001-17 P&Z, and to adopt
new regulations governing 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:
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.
ADOPTION OF PROVISIONS
That Exhibit "A" entitled "Town of Trophy Club, Texas Subdivision
Regulations" is attached hereto and incorporated herein for all intents and purposes has
been established and is hereby adopted by the Town Council,
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; provided however, that
Ordinance No. 98-08 P&Z and Ordinance No. 2001-17 P&Z are hereby repealed.
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. 98-08
P&Z or Ordinance No. 2001-17 P&Z 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.
SECTION 4.
SAVINGS CLAUSE
All rights and remedies of the Town of Trophy CIub, 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
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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 8.
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.
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.
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PASSED AND APPROVED by the ToN
Texas, this the 17`x' day of September, 2001.
ATTEST:
Town Secretary l/
Towel of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM;
" . i
Town Attorney
Town of Trophy Club, Texas
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