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ORD 1998-28TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 98-28 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NOS. 98-07, 96-03, 95-12, 95-04, 92-03, 87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02, 85-26, 85-23, 85-19, 85-15 OF THE TOWN RELATING TO VARIOUS OFFENSES PUNISHABLE BY FINE; PROVIDING REVISED PENALTY AMOUNTS FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 98-07 regulates sexually oriented businesses and the Town wishes to impose a more stringent penalty as allowed by state law; WHEREAS, Ordinance No. 96-03 pertaining to school zones allows for a fine amount inconsistent state law; WHEREAS, Ordinance No. 95-12 pertaining to swimming pools states a single fine amount for all offenses arising under the ordinance, and state law provides for various penalties for the various items prohibited in the ordinance; WHEREAS, Ordinance No. 95-04 amending the Town Zoning Map states a fine amount inconsistent with state law provisions pertaining to violations of zoning regulations; WHEREAS, Ordinance No. 92-03 governing emergency medical services and overweight vehicles pertains to the health, safety, and welfare of the community; and WHEREAS, Ordinance Nos. 87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02, 85-26, 85- 23, 85-19, 85-15 have not been updated according to changes in state law since the times of their enactments, and such update is desired by the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. 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. Section 2. Ordinance No. 98-07 of the Town of Trophy Club, Texas (the "Town") is hereby corrected in the heading of the ordinance to state that the fine amount for violation of Section 13 of the ordinance is punishable by a fine not to exceed Two Thousand Dollars (52,000). -1- DOC k: 645335 Section 3.. Ordinance No. 96-03 of the Town of Trophy Club, Texas is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for violation of the school zone portion of the ordinance is punishable by a fine not to exceed Two Hundred Dollars ($200.00) for each offense. Section 4. Ordinance No. 95-12 of the Town of Trophy Club, Texas is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for violation of Section 4 subsections (D),(E),(G),(H),(I),(K) and (L) is punishable by a fine not to exceed Two Thousand dollars ($2,000.00) for each violation and a separate offense shall be deemed committed upon each day during on or which a violation occurs; Section 4(B)(1) and (2) is punishable by a fine not to exceed One Thousand dollars ($1,000.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs; a violation all other provisions is punishable by a fine not to exceed Five Hundred dollars ($500.00) for each violation and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 5. Ordinance No. 95-04 of the Town of Trophy Club, Texas, is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for the ordinance is punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 6. Ordinance No. 92-03 of the Town of Trophy Club, Texas is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for violation of ordinance is punishable by a fine not to exceed Two Thousand dollars ($2,000.00) for each offense. Section 7. Ordinance Nos. 87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02, 85-26, 85-19 of the Town of Trophy Club, Texas are hereby corrected in the headings and amended in the penalty provisions of the ordinances to state that the fine amount for violation of ordinance is punishable by a fine not to exceed Two Thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 8. Ordinance Nos. 85-23 and 85-15 of the Town of Trophy Club, Texas are hereby corrected in the headings and amended in the penalty provisions of the ordinances to state that the fine amount for violation of ordinance is punishable by a fine not to exceed Five Hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 9. This Ordinance shall be cumulative of all other ordinances of the City affecting traffic control and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. DOC Y,: 645335 Section 10. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause 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 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 11. This Ordinance shall become effective from and after its date of passage and publication as provided by law. PASSED AND APPROVED by the Town C this the 20th day of October , 1998. ATTEST: Town Secret4y, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas -3- DOC a: 645335 i-1 of th7Town fTrophy Club, Texas Town of Trophy Club, Texas TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 98-28 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NOS. 98-07, 96-03, 95-12, 95-04, 92-03, 87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02, 85-26, 85-23, 85-19, 85-15 OF THE TOWN RELATING TO VARIOUS OFFENSES PUNISHABLE BY FINE; PROVIDING REVISED PENALTY AMOUNTS FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 98-07 regulates sexually oriented businesses and the Town wishes to impose a more stringent penalty as allowed by state law; WHEREAS, Ordinance No. 96-03 pertaining to school zones allows for a fine amount inconsistent state law; WHEREAS, Ordinance No. 95-12 pertaining to swimming pools states a single fine amount for all offenses arising under the ordinance, and state law provides for various penalties for the various items prohibited in the ordinance; WHEREAS, Ordinance No. 95-04 amending the Town Zoning Map states a fine amount inconsistent with state law provisions pertaining to violations of zoning regulations; WHEREAS, Ordinance No. 92-03 governing emergency medical services and overweight vehicles pertains to the health, safety, and welfare of the community; and WHEREAS, Ordinance Nos. 87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02, 85-26, 85- 23, 85-19, 85-15 have not been updated according to changes in state law since the times of their enactments, and such update is desired by the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. 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. Section 2. Ordinance No. 98-07 of the Town of Trophy Club, Texas (the "Town") is hereby corrected in the heading of the ordinance to state that the fine amount for violation of Section 13 of the ordinance is punishable by a fine not to exceed Two Thousand Dollars ($2,000). -1- Section 3.. Ordinance No. 96-03 of the Town of Trophy Club, Texas is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for violation of the school zone portion of the ordinance is punishable by a fine not to exceed Two Hundred Dollars ($200.00) for each offense. Section 4. Ordinance No. 95-12 of the Town of Trophy Club, Texas is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for violation of Section 4 subsections (D),(E),(G),(H),(I),(K) and (L) is punishable by a fine not to exceed Two Thousand dollars ($2,000.00) for each violation and a separate offense shall be deemed committed upon each day during on or which a violation occurs; Section 4(B)(1) and (2) is punishable by a fine not to exceed One Thousand dollars ($1,000.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs; a violation all other provisions is punishable by a fine not to exceed Five Hundred dollars ($500.00) for each violation and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 5. Ordinance No. 95-04 of the Town of Trophy Club, Texas, is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for the ordinance is punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 6. Ordinance No. 92-03 of the Town of Trophy Club, Texas is hereby corrected in the heading and amended in the penalty provision of the ordinance to state that the fine amount for violation of ordinance is punishable by a fine not to exceed Two Thousand dollars ($2,000.00) for each offense. Section 7. Ordinance Nos. 87-07, 87-06, 87-05, 86-28, 86-07, 86-06, 86-02, 85-26, 85-19 of the Town of Trophy Club, Texas are hereby corrected in the headings and amended in the penalty provisions of the ordinances to state that the fine amount for violation of ordinance is punishable by a fine not to exceed Two Thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 8. Ordinance Nos. 85-23 and 85-15 of the Town of Trophy Club, Texas are hereby corrected in the headings and amended in the penalty provisions of the ordinances to state that the fine amount for violation of ordinance is punishable by a fine not to exceed Five Hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed upon each day during on or which a violation occurs. Section 9. This Ordinance shall be cumulative of all other ordinances of the City affecting traffic control and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. -1)- Section 10. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause 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 that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 11. This Ordinance shall become effective from and after its date of passage and publication as provided by law. PASSED AND APPROVED by the Town 0 this the 20th day of October . 1993. ATTEST: Town Secret4y, Town of Trophy Club, Texas [SEAL] APPROVED AS TO FORM: l 7 ' „t2 -L� To Attorney, Town of Trophy Club, Texas it of the Town f Trophy Club, Texas , Town of Trophy Club, Texas