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ORD 2005-05TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-05 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 91-02, ADOPTING DESIGN STANDARDS FOR PAVING, DRAINAGE AND UTILITY IMPROVEMENTS, AND ADOPTING NEW PROVISIONS FOR DESIGN STANDARDS FOR ROADWAY, DRAINAGE, WATER & WASTEWATER AND CONSTRUCTION SPECIFICATIONS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING CRITERIA FOR ROADWAY DESIGN; PROVIDING CRITERIA FOR DRAINAGE DESIGN; PROVIDING DESIGN CRITERIA FOR WASTEWATER PROJECTS; PRESCRIBING CONSTRUCTION SPECIFICATIONS; PROVIDING A CONSTRUCTION PLAN CHECKLIST; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO TIIOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING A PUBLICATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its charter adopted by the electorate pursuant to Article Xt, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, on January 15, 1991, the Town adopted Ordinance No. 91-02, an ordinance regulating design standards for paving, drainage and utility improvements within the Town of Trophy Club, and WHEREAS, on June 2, 2003, the Town Council approved revisions to the Design Standards adopted in 1991 by incorporating such approved revisions into Ordinance No. 2001-21 P&Z; and WHEREAS, staff recommends an update to the current standards in order to update drainage criteria for storm frequencies and studied information; storm water management, typical roadway section of major roadways to include brick pavers for crosswalks and in medians, and minimum size for water and sanitary sewer mains from six inches to eight inches; 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 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 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 Design Standards and Construction Specifications" 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 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. 91-02 is 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. 91-02 on the date of adoption of this Ordinance or under such portion of any other Ordinance incorporating Design Standards for Roadway, Drainage, Water & Wastewater and Construction Specifications shall continue to be governed by the provisions of such Ordinances and for that purpose the Ordinances shall remain in full force and effect. SECTION 4. SAVINGS 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 Design Standards for Roadway, Drainage, Water & Wastewater and Construction Specifications 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 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 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 hereof shall be fined, upon conviction, in an amount not 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. 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 and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 8. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Co cid l of the Tow of Tr � phy Club, Texas, this 21" day of March, 2005. 7 � / / of Trophy Club, Texas EFFECTIVE DATE: March 26, 2005 frs X" I ATTEST: 1 Lisa Ramsey, Interim Town �ecretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas