ORD 2007-20TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2007 - 20
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS TEMPORARILY
SUSPENDING CERTAIN BUILDING PERMIT FEES UNDER CHAPTER 1 OF
THE CODE OF ORDINANCES, BY AMENDING SECTION 8.01 ENTITLED
"APPLICABILITY/CONFLICT AND WAIVER" OF ARTICLE VIII ENTITLED
"SCHEDULE OF FEES" OF CHAPTER 1 ENTITLED "ADMINISTRATION" OF
THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB TO ADD
SUBSECTION "C" ENTITLED "TEMPORARY SUSPENSION'; PROVIDING
FOR THE INCORPORATION OF PREMISES; PROVIDING AN AMENDMENT
SETTING FORTH TERMS AND CONDITIONS OF THE TEMPORARY
SUSPENSION OF FEES AND PROVIDING A TERMINATION DATE FOR THE
SUSPENSION; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Disaster Declaration 1709 -DR was signed by President Bush on June 29,
2007; and
WHEREAS, the Town of Trophy Club (hereinafter referred to as "Town"); suffered
widespread and severe damage and loss of property resulting from storms and flooding occurring
on June 181h, 2007; and
WHEREAS, on July 10th, 2007, FEMA amended Disaster Declaration 1709 -DR to
include eleven additional counties that are now eligible for individual assistance to help
homeowners, renters and businesses recover from the effects of the recent severe storms,
tornadoes and flooding and such assistance includes Individual Assistance for damages resulting
from the extensive flooding that has occurred since the initial disaster declaration; and
WHEREAS, a total of seventeen counties are now eligible for individual assistance as a
result of the 2007 summer storms; and
WHEREAS, the Town Council has determined it necessary and appropriate to facilitate
the repair of damaged structures and to prevent further loss of property value by temporarily
suspending certain building permit fees for those individuals adversely affected by the summer
storms who are eligible to receive federal assistance as a result of Disaster Declaration 1709 -DR;
and
WHEREAS, the Town Council has determined that this temporary suspension is
necessary for the public health, safety and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
TROPHY CLUB, TEXAS.
SECTION 1.
INCORPORATION OF PREMISES
All of the above premises are found to be true and correct and are incorporated into the
body of this Ordinance as if copied in their entirety.
SECTION 2.
AMENDMENT
Section 8.01 entitled "Applicability/Conflict and Waiver' of Article VIII entitled "Schedule of
Fees' of Chapter 1 entitled "Administration" of the Code of Ordinances of the Town of Trophy
Club is hereby amended to add subsection "C' entitled "Temporary Suspension" which shall be
and read in its entirety as follows:
"C. Temporary Suspension. Based on the widespread and severe damage and
loss of property occurring from storms and flooding on or about June 18, 2007, which
resulted in the issuance of Disaster Declaration 1709 -DR, those fees imposed for
building permits under Section 8.03 of this Article and specifically identified in this
section (hereinafter "Select Permit(s)") are temporarily suspended for Qualified
Residents (defined herein) who file an application for a Select Permit during the
Temporary Suspension Period (defined herein). As used in this section, Qualified
Resident shall mean a resident who has registered with FEMA for aid due to the
events that resulted in the issuance of Disaster Declaration 1709 -DR and for whom a
determination of qualification has been made by the Town Manager. The Temporary
Suspension Period shall mean the period commencing upon the effective date of this
Ordinance and continuing in full force and effect for thirty (30) days thereafter. Permit
applications for Select Permit(s) which are filed by Qualified Residents after the
expiration of the Temporary Suspension Period shall be assessed all applicable
permit fees. During such Temporary Suspension Period, Qualified Residents shall be
required to file an application and obtain all required permits from the Town; however,
no permit fee shall be assessed to Qualified Residents for those Select Permit(s)
which are specifically identified as follows:
1. Article VIII, Section 8.03 Subsection I entitled Electrical Permits;
2. Article VIII, Section 8.03 Subsection J entitled Fence Permits;
3. Article VIII, Section 8.03 Subsection P entitled Mechanical Permits;
4. Article VIII, Section 8.03 Subsection T entitled Retaining Wall Permit;
5. Article VIII, Section 8.03 Subsection U entitled Re -Roofing Permit.
The Town Manager is authorized to refund fees for Select Permit(s) to Qualified
Residents who filed a permit application prior to the effective date of this Ordinance."
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the Town affecting 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 and in
the event of such repeal, this Ordinance shall be in effect only for the time period specified herein;
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 or amended 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.
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 fees 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.
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 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 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 and by amending the Code of Ordinances to reflect the changes adopted herein by
Council.
SECTION S.
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 of Trophy Club, Texas this the 23 rd day of July
2007.
Nick Sanders, Mayor
Town of Trophy Club, Texas
Effective Date:
[SEAL] r TROp>�
ATTEST: l
o
Li a Ramsey, Town Secretary t
Town of Trophy Club, Texas
04D
h9
APPROVED TO AS FORM: /
Town Attorney
Town of Trophy Club, Texas