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ORD 2011-11TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-11 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES OF THE TOWN, ENTITLED "PUBLIC WORKS", ARTICLE VI, ENTITLED "STORMWATER RUNOFF", SECTION 6.05 ENTITLED "RUNOFF FROM CONSTRUCTION ACTIVITY", SUBSECTION B ENTITLED "RESPONSIBILITIES" TO CLARIFY REGULATION OF AIRBORNE POLLUTANTS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town is a home rule municipality organized under the Constitution and the laws of the State of Texas; and WHEREAS, in June of 2009, staff reviewed Section 6.05 of Article VI of Chapter 6 of the Code of Ordinances and made certain recommendations regarding the regulation of runoff from construction activity; and WHEREAS, having operated under and enforced the provisions of Section 6.05 of Article VI, staff has determined it appropriate to make certain revisions to clarify standards and facilitate enforcement; and WHEREAS, having determined that amending Section 6.05 in accordance with the provisions set forth below is an appropriate and beneficial governmental function, Council hereby determines that the adoption of this Ordinance serves the health, safety and welfare of the Town. 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. AMENDMENTS 2.01. Subsection "8" entitled "Responsibilities" of Section 6.05 entitled "Runoff From Construction Activity" of Article VI, entitled "Stormwater Runoff", of Chapter 11 entitled "Public Works", of the Code of Ordinances of the Town of Trophy Club is hereby amended so that the first paragraph of Section 6.05(8) entitled "Responsibilities" is amended and shall be and read in its entirety as set forth below: Section 6.05 Runoff From Construction Activity "8. Responsibilities All Persons shall be accountable for any erosion of their real property or construction site, whether such real property is owned or otherwise under the direct or indirect control of such Person, when the result of such activity is the accumulation of sediment, including soil, rock, mud, or debris which washes, slides or otherwise is moved from the real property or construction site onto dedicated streets, alleys, any waterways, utility facilities, right-of- way, easements or onto other private properties. Any accumulation or deposit of soil material beyond the limits of such premises or in Town streets, alleys or drainage facilities or other private property in an amount sufficient to constitute a threat to public safety and comfort as determined by the Designated Official, shall constitute a violation of this Article. This includes off-site tracking by vehicles entering and exiting the site, paints, solvents, cleaners, wind blown debris, or other materials associated with construction activity at a site. Utilization of wet saws or a dust collection system is required on all brick/concrete cutting. Moisture content of worksite shall be sufficient so as to not allow erosion by air." SECTION 3. 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 Five Hundred Dollars ($500.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 4. SAVINGS That all rights and remedies of the Town of Trophy Club are expressly saved to any and all violations of the provisions of any Ordinance affecting accessory structures which have accrued 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 ORO 2011-11 Page 2 of 4 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. CUMULATIVE REPEALER That 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. 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 such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of that Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 6. 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 rernaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 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. SECTION 8. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter and state law. SECTION 9. EFFECTIVE DATE That this Ordinance shall be in full force and effect from and after its date of passage, in accordance with law, and it is so ordained. ORO 2011-11 Page 3 of 4 PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 4th day of April, 2011. ATTEST: \:Shannon DePra:fer, Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORO 2011-11 ~ayor, Connie White Town of Trophy Club, Texas [SEAL] Page 4 of 4