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ORD 1985-28R E P E A L E D ORDINANCE NO. 85-2B TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 0 85-28 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, PROVIDING REGULATIONS FOR A RESIDENTIAL -10,000 SQUARE FEET PLANNED DEVELOPMENT DISTRICT; PROVIDING USE, HEIGHT, AREA AND BUILDING AND PARKING REGULATIONS: PROVIDING FOR PLATTING; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000,00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is a duly incorporated municipality operating pursuant to the general laws of the State of Texas; and WHEREAS, pursuant to articles 1011a through 1011e of the Texas Revised Civil Statutes, as amended, the Town Council is empowered to adopt regulations governing the use of property located within the corporate limits of the Town; and WHEREAS, steps have been taken by the Town Planning and Zoning Commission and the Town Council to adopt certain zoning regulations for the Town; and WHEREAS, after Public Notices were given in compliance with State law and Public Hearings were conducted, the Planning and Zoning Commission has recommended to the Town Council the adoption of certain zoning regulations; and WHEREAS, after due deliberation and consideration of the information submitted during the Public Hearings and the consideration of the recommendation of the Planning and Zoning Commission, the Town Council has concluded that the adoption of this ordinance establishing a Residential -10,000 Square Feet Planned Development District is in the best interest and support of the health, safety morals and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. That the Town Council of the Town of Trophy Club hereby adopts the Residential -10,000 Square Feet Planned Development District Regulations that are attached hereto and made a part hereof and marked "Exhibit "A". Section 2. That the zoning replations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. Section 3. This ordinance shall be cumulative of all other ordinances of the Town of Trophy Club, Texas, and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 4. if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed One Thousand Dollars ($1,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 6. The fact that the present zoning ordinances and regulations of the Town of Trophy Club, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the Town of Trophy Club, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, on this the 3 day of December , 1985. APPROVED 1 CAMN APPROVED AS TO FORM AND LEGALITY Town Attorney, Town of Trophy Club, Texas 0010) -3-