ORD 2006-41TOWN OF TROPHY CLUB, TEXAS
TOWN ORDINANCE NO. 2006-41
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES,
ENTITLED "ADMINISTRATION", ARTICLE VIII, ENTITLED
"SCHEDULE OF FEES", BY AMENDING SUBSECTION "AA"
"TREE REMOVAL", BY ESTABLISHING THE MITIGATION
FEE FOR REMOVAL OF TREES; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENT; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 2006-37 was adopted on September 18, 2006 and provided
for the adoption of a new schedule of fees for the Town of Trophy Club (hereinafter referred to as
"Town" ); and
WHEREAS, due to changes in costs incurred by the Town which require an amendment
to various fees, the Town now finds it necessary and proper to amend Ordinance No. 2006-37 by
adding fees for Tree Mitigation into the Schedule of Fees; and
WHEREAS, the fees adopted hereby are reasonable and reflect reimbursement for
administrative costs incurred by the Town in providing various services to the public; and
WHEREAS, the Town is authorized to require the payment of reasonable fees for
services provided; and
WHEREAS, the Town Council hereby finds that the amendment of Section AA of Section
8.03 of Article VIII, Chapter 1, of the Code of Ordinances as further specified herein serves the
best interests of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.03. Article VIII entitled "Schedule of Fees" of Chapter 1, entitled "Administration" of the Code of
Ordinances of the Town is hereby amended to revise Section 8.03, subsection 'AK entitled "Tree
Removal" so that 8.03(AA) is hereby revised to read as follows:
AA. Tree Removal
Tree Removal Permit $25.00 per tree
Tree Mitigation Fee $150.00 per caliper inch
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the
Schedule of Fees and shall not repeal any of the provisions of such Ordinances except in those
instances where provisions of those Ordinances are in direct conflict with the provisions of this
Ordinance; whether such Ordinances are, codified or uncodified, and all other provisions of the
Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions
of this Ordinance, shall remain in full force and effect. Notwithstanding the foregoing, any
complaint, action, cause of action or claim which prior to the effective date of this Ordinance has
been initiated or has arisen under or pursuant to such repealed Ordinance(s) shall continue to be
governed by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 4.
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 the
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.
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 and Effective Date clause in the minutes of the Town
Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the
Town.
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 of this Ordinance shall be fined, upon
conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00),
and a separate offense shall be deemed committed upon each day during or on which a violation
occurs or continues.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance with
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this
the 2nd day of October, 2006.
Mayor
Town of Trophy Club, Texas
ATTEST:
Town Secretary /
Town of Trophy Club, Texas
[SEAL]
Town Attorney
Town of Trophy Club, Texas