ORD 2011-15TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-15
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SUBSECTION "B" ENTITLED "BASIS FOR
ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD" OF SECTION
1.05 ENTITLED "GENERAL PROVISIONS" OF ARTICLE ONE
ENTITLED "FLOOD DAMAGE PREVENTION" OF CHAPTER FOUR
ENTITLED "FLOOD DAMAGE PREVENTION" OF THE CODE OF
ORDINANCES OF THE TOWN; PROVIDING FOR THE
INCORPORATION OF PREMISES; PROVIDING FOR AN
AMENDMENT; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING SEVERABILITY;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING
THAT ANY PERSON WHO VIOLATES THE PROVISIONS HEREOF
SHALL BE GUILTY OF A CLASS C MISDEMEANOR PUNISHABLE BY
A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) AND THAT EACH DAY THE VIOLATION IS ALLOWED TO
EXIST OR CONTINUES TO EXIST SHALL BE A SEPARATE OFFENSE
FOR EACH VIOLATION; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas has in the Flood Control
Insurance Act, Texas Water Code, Section 16.315, delegated the responsibility of local
governmental units to adopt regulations designed to minimize flood losses.
WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"),
is authorized and empowered by law, in accordance with the National Flood Insurance
Program/Federal Ernergency Management Association to regulate the developrnent of
land and property development within the Town; and,
WHEREAS, due to changes in the Texas Water Code and flood plain
designations, on April 4, 2011 the Town adopted a new Article 1 entitled "Flood Damage
Prevention" of Chapter 4 of the Code of Ordinances of the Town; and
WHEREAS, subsequent to the adoption of the new Article 1 of Chapter 4, the
Town was notified by Tarrant County of the fact that updates had been made to the
floodplain maps for Tarrant County on September 25, 2009 and of the need for the
inclusion of those updated Tarrant County maps in the Town's ordinance; and
WHEREAS, the Town Council hereby finds that the adoption of an amendrnent
to Subsection "B" entitled "Basis for Establishing Areas of Special Flood Hazard" of
Section 1.05 entitled "General Provisions" of existing Article 1 entitled "Flood Damage
Prevention" of Chapter 4 of the Code of Ordinances of the Town as set forth below is in
the best interests of the health, safety and welfare of the citizens of the Town.
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 having been found by the Town Council to be true
and correct are incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Subsection "8" entitled "8asis for Establishing Areas of Special Flood Hazard" of
Section 1.05 entitled "General Provisions" of Article 1 entitled "Flood Damage
Prevention" of Chapter 4 of the Code of Ordinances of the Town is hereby amended so
that Section 1.05(8) shall be and read in its entirety as follows and all other provisions
contained in Section 1.05 shall remain the same:
"Section 1.05 General Provisions
B. Basis For Establishing Areas of Special Flood Hazard
The Areas of Special Flood Hazard identified by the Federal Emergency
Management Agency in the current scientific and engineering report
entitled, "The Flood Insurance Study (FIS) for Denton County, Texas and
Incorporated Areas," dated April 18, 2011, with accompanying Flood
Insurance Rate Maps (FIRM), dated April 18, 2011; "The Flood Insurance
Study (FIS) for Tarrant County, Texas and Incorporated Areas," dated
September 25, 2009 with accompanying Flood Insurance Rate Maps
(FIRM) dated September 25, 2009, and any revisions thereto are hereby
adopted by reference and declared to be a part of this Ordinance."
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 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. The penalty provided herein shall be
cumulative of all other remedies available for enforcement of the provisions of this
Ordinance. The remedy provided herein shall be cumulative of all other remedies
authorized by law.
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SECTION 4.
CUMULATIVE REPEALER CLAUSE
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 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 rernaining
portions shall remain in full force and effect.
SECTION 6.
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 Flood damage
prevention regulations 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 7.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the
Caption, Penalty Clause, and Effective Date Clause 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 by copying the exact Caption and Effective Date clause in the
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minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in
the Ordinance records of the Town.
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 18th day of April, 2011.
EFFECTIVE DATE:
ATTEST:
dh!7 iW r!}1 Q "]1 fFf! I]
'SMannon DePrater, Town Secretary
Town of Trophy Club, Texas
APPROVED AS TO FORM:
t6bA~£A~dCUud
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORO 2011-15
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
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