ORD 2011-10TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-10
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SECTION 8.01 ENTITLED "ADOPTION" OF ARTICLE Vlll
ENTITLED "INTERNATIONAL ENERGY CONSERVATION CODE", OF
CHAPTER 3 ENTITLED `BUILDINGS AND CONSTRUCTION" OF THE
CODE OF ORDINANCES OF THE TOWN TO ADOPT THE 2009
INTERNATIONAL ENERGY CONSERVATION CODE FOR CERTAIN
STRUCTURES; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A
CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; 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; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE OF
APRIL 1, 2011.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is
a home rule municipality empowered to do all acts and make all regulations which may
be necessary or expedient for the promotion of the public health, safety and general
welfare; and
WHEREAS, the Town adopted the 2003 Edition of the International Energy
Conservation Code in 2004; and
WHEREAS, the Texas State Energy Conservation Office (SECO) has adopted a
rule to update the state's energy codes codified in 34 TAC, 19.53. This rule will update
the Texas Building Energy Performance Standards that is currently based on the 2000
International Energy Conservation Code with the 2001 Supplement. The effective
implementation date of the 2009 Edition for construction other than one -family and two-
family residential dwellings is to be April 1, 2011; and
WHEREAS, the Town of Trophy Club Building Inspections Officials have
reviewed the International Energy Conservation Code, 2009 Edition, (hereinafter
"IECC") and find that it is in the best interest of the Town of Trophy Club to adopt the
2009 Edition of the International Energy Conservation Code for all buildings and
structures other than one -family and two-family residential dwellings as reflected in this
Ordinance; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas deems it
necessary and beneficial to adopt the updated 2009 Edition of the International Energy
Conservation Code as specified in this Ordinance to safeguard the health, property,
safety and general welfare of the citizens of the Town of Trophy Club by regulating and
controlling the use, occupancy, maintenance, repair, design, construction and quality of
materials for residential structures within the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That all of the above premises are true and correct and are hereby incorporated
in the body of this Ordinance as if fully set forth herein.
SECTION 2.
AMENDMENTS
2.01. Section 8.01 entitled "Adoption" of Article VIII, entitled `International Energy
Conservation Code", of Chapter 3 entitled "Buildings and Construction", of the Code of
Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new
Section 8.01 entitled "Adoption", of Article VIII of Chapter 3 shall be adopted and shall
be and read in its entirety as follows:
Section 8.01 Adoption
A. 2003 Edition - One -Family and Two -Family Residential Dwellings. The
Town Council of the Town of Trophy Club, Texas, does hereby adopt the
International Energy Conservation Code, 2003 Edition, published by the
International Code Council, Inc., including all specific local amendments
referenced in this Article, to regulate One -Family Residential dwellings and Two -
Family Residential dwellings within the Town of Trophy Club.
B. 2009 Edition - Commercial Buildings and Structures. The Town Council
of the Town of Trophy Club, Texas, does hereby adopt the International Energy
Conservation Code, 2009 Edition, published by the International Code Council,
Inc., to regulate all Commercial buildings and all structures other than One -
Family Residential dwellings and Two -Family Residential dwellings identified in
and subject to the 2009 Edition of the International Energy Conservation Code.
One -Family and Two -Family Residential dwellings are expressly excluded from
the regulations contained in the 2009 International Energy Conservation Code,
and pursuant to subsection "A" shall remain regulated by the 2003 Edition of the
International Energy Conservation Code.
ORD 2011-10 Page 2 of 4
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting tree preservation and removal 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 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 in accordance with the Town Charter.
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.
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.
ORD 2011-10 Page 3 of 4
SECTION 8.
EFFECTIVE DATE
This Ordinance shall take effect on April 1, 2011, 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 21St day of March, 2011
ATTEST:
rI l i 1/'1 f1 "r l/ at t /01 Ct l I,-
`SHannon DePrater; Town Secretary
Town of Trophy Club, Texas
APPROVED TO AS FORM:
PERricia A. Adam!;-, Town Attorney
Town of Trophy Club, Texas
f °� teF&
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ORD 2011-10 Page 4 of 4