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ORD 2005-13TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-13 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2003-02 WHICH AMENDED ORDINANCE NO. 91-02 THE SAME BEING AN ORDINANCE ADOPTING DESIGN STANDARDS FOR PAVING, DRAINAGE AND UTILITY IMPROVEMENTS BY ADDING SECTION XIX ENTITLED "WAIVER", AND REPEALING ORDINANCE NO. 2005-05, 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 STANDARDS; PROVIDING REQUIREMENTS FOR WAIVER REQUESTS; 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 THOUSAND 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 XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, on March 3, 2003, the Town Council enacted Ordinance No. 2003-02, an Ordinance amending Ordinance No. 91-02, adopting design standards for paving, drainage and utility improvements by adding Section XIX entitled "Waiver"; and WHEREAS, on March 21, 2005, the Town Council repealed Ordinance No. 91-02 by adopting Ordinance No. 2005-05, an ordinance updating the previously adopted standards regulating design standards for paving, drainage and utility improvements within the Town of Trophy Club; and WHEREAS, since the passage of Ordinance No. 2005-05, Town staff had identified the need to incorporate provisions regulating subdrains and concrete flumes within the Town of Trophy Club, and; WHEREAS, staff has reviewed Ordinance No. 2005-05 and the proposed criteria relating to subdrains and concrete flumes and has determined it to be in the best interests of the Town to repeal the Design Standards Ordinance and adopt provisions regulating design standards for paving, drainage and utility improvements within the Town of Trophy Club by adding criteria relating to subdrains and concrete flumes; and WHEREAS, the amendment to Ordinance No. 91-02 which was adopted by Ordinance No. 2003-02 remains in effect but is not included as part of Ordinance No. 2005-05; and WHEREAS, in an effort to ensure that all Town Ordinance provisions are easily accessed by the public, staff has determined it appropriate to repeal Ordinance No. 2005-05 to include in that Ordinance all provisions relating to design standards for paving, drainage and utility 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; 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 this Ordinance by repealing and replacing Ordinance Nos. 2003-02 and 2005-05. 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 Nos. 2003-02 and 2005-05 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 Nos. 2003-02 and 2005-05 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 S. 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 G. 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 ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 16°i day of May, 2005. Mayor EFFECTIVE DATE: May 21, 2005 ATTEST: Lisa Ramsey, Interim Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: UI Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas [SEAL] J �r �RY 1.19$