ORD 2011-23TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-23
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SECTION 7.1 ENTITLED "RESPONSE TO EMERGENCY"
OF ARTICLE VII ENTITLED "EMERGENCY SITUATIONS" OF
CHAPTER 10 ENTITLED "PUBLIC SAFETY" OF THE CODE OF
ORDINANCES OF THE TOWN BY ADDING SUBSECTION "C"
ENTITLED "EMERGENCY ROADWAY ACCESS"; PROVIDING FOR
THE INCORPORATION OF PREMISES; PROVIDING FOR
AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING
AN EFFECTIVE DATE.
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, during emergency situations, the Police Department and Fire
Department provide much needed critical services; and
WHEREAS, the Town Council of the Town of Trophy Club, Texas deems it
necessary and beneficial to adopt regulations clarifying the authority of emergency
responders to use means necessary to access all areas of the Town to provided
needed emergency services; and
WHEREAS, the Town Council finds that the adoption of the proposed ordinance
serves 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
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 7.1 entitled "Response to Emergency" of Article VII entitled "Emergency
Situations" of Chapter 10 entitled "Public Safety" is hereby amended to add Subsection
"C entitled "Emergency Roadway Access" which shall be and read in its entirety as
follows:
7.1 Response to Emergency
"(C) Emergency Roadway Access
In the event that an emergency situation, man-made or natural, prevents
emergency responders from accessing any location in the Town where
their services are needed, authorized emergency responders may take all
necessary action, including but not limited to utilizing private streets,
drives, or other private property, to access a location(s) as they determine
necessary to provide emergency services. Emergency situations include
all force majeure, including but not limited to inclement weather, snow or
ice accumulations, downed power lines or trees or other catastrophic
events. The Town Emergency Management Coordinator, or designee, is
authorized to direct any Town employee, agent, or officer to utilize Town
services and assets to take all action necessary to provide emergency
services, including but not limited to removal of downed trees, power lines,
or other obstructions, sanding private roads or drives, or other actions as
deemed necessary and appropriate."
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting the emergency roadway access and emergency response 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
ORD 2011-23 Page 2 of 3
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.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
the Caption and Effective Date of this Ordinance as required by Section 52.011 of the
Texas Local Government Code.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect upon its passage and publication 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 20`h day of June, 2011
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
ATTEST:
CRY
hraY11rm f��SHannon DePrater; Town Secretary Town of Trophy Club, Texas
APPROVED TO AS FORM:
Patricia A. Adams ,Town Attorney
Town of Trophy Club, Texas
ORD 2011-23 Page 3 of 3