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ORD 1991-09ORDINANCE O 91-09 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. _.9I_0 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ORDINANCE NO. 86-18 RELATING TO SWIMMING POOLS BY AMENDING SECTION 11 RELATING TO ABOVE GROUND SWIMMING POOLS BY REMOVING ANY PROHIBITION OF CHILDREN'S WADING POOLS; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE WHEREAS, Ordinance No. 86-18 of the Town of Trophy Club, Texas (the "Town") may be interpreted to prevent the use of children's swimming/wading pools; and WHEREAS, the Town Council desires to clarify the said Ordinance so that it will not be interpreted to prevent children's swimming/wading pools. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That Ordinance No. 86-18 of the Town of Trophy Club, Texas relating to swimming pools is hereby repealed in the following particulars, and that all other paragraphs, sentences, phrases and words of the said Ordinance are not amended but are hereby ratified, verified, approved and affirmed: A. That Section 11 of the said Ordinance is hereby amended so that it shall hereafter read as follows: "Section 11. Above ground pools are prohibited; provided, however, that a hot tub or whirlpool with a capacity of not more than 1,500 gallons shall be allowed." Section 2. That 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 City 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 3. That all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed to the extent of such conflict. -1- Section 4. That this Ordinance shall become effective from and after its date of adoption and publication as required by law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this the 18th day of June, 1991. ATTEST: Town Secret Town of Trophy Club,�e)xas APPROVED AS TO FORM: Town Attorney, Town of Trophy Club, Texas Mayor, Town of Trophy Club, Texas -2-