ORD 2005-23TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2005-23
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ORDINANCE NO. 2005-13, THE SAME BEING AN
ORDINANCE ADOPTING STANDARDS FOR ROADWAY, DRAINAGE,
WATER & WASTEWATER AND CONSTRUCTION SPECIFICATIONS;
BY AMENDING SUBSECTION 1, ENTITLED "ROADWAY DESIGN",
SECTION 1.7 ENTITLED "SIDEWALKS" PROVIDING FOR
INCORPORATION OF PREMISES; 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 (hereinafter referred to as the "Town") 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WHEREAS, on March 21, 2005, the Town Council repealed Ordinance No. 91-02 by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 criteria for paving, drainage and utility improvements within the Town of
Trophy Club; and
WHEREAS, on May 16, 2005, the Town Council enacted Ordinance No. 2005-13, an
Ordinance repealing Ordinance Nos. 2003-02 and 2005-05 in their entirety, and adopting a new
Ordinance regulating design criteria for paving, drainage and utility improvements within the
Town of Trophy Club, by adding Section XI entitled "Waivers" and by incorporating provisions
regulating subdrains and concrete flumes within the Town; and
WHEREAS, since the passage of Ordinance No. 2005-13, Town staff has identified the
need to revise the criteria related to sidewalks within the Town of Trophy Club, and;
WHEREAS, staff has reviewed Ordinance No. 2005-13 and the proposed criteria
relating to sidewalks and has determined it to be in the best interests of the Town to amend the
Design Standards Ordinance and by revising the criteria relating to sidewalks; 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 amending Ordinance No. 2005-13.
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.
AMENDMENT
Ordinance No. 2005-13 of the Town is hereby amended by adding the section with the
following particulars, and all articles, chapter, sections, paragraphs, sentences, phrases and words
are not amended by are hereby ratified and affirmed:
Section 1, "Roadway Design", is amended to add subsection 1.7 entitled "Sidewalks" to
be and read as follows:
1.7 Sidewalks
Sidewalks shall be constructed along all streets, regardless of the street
classification. See standard street sections for locations.
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. 2005-13 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. 2005-13 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 Council of the Town of Trophy Club, Texas,
this 6"' day of September, 2004.
Mayor
Town of Trophy Club, Texas
Effective Date: September 10, 2005
ATTEST:
``fawn Secretary l
Town of Trophy Club, Texas
APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas
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