ORD 2012-10TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-10
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
AMENDING SECTION 2.02, "SPEED OF VEHICLES" OF ARTICLE II,
"TRAFFIC & VEHICLES" OF CHAPTER 10 "PUBLIC SAFETY" OF THE
CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS
BY THE ADDITION OF SUBPARAGRAPH (D) "TEMPORARY
CONSTRUCTION OR MAINTENANCE ZONES" TO DESIGNATE
AREAS OR PORTIONS OF STREETS AS TEMPORARY
CONSTRUCTION ZONES AND REQUIRING A REDUCED SPEED LIMIT
OF TWENTY (20) MILES PER HOUR WHEN CONSTRUCTION OR
MAINTENANCE IS BEING UNDERTAKEN AND APPROPRIATE
SIGNAGE IS IN PLACE; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A
SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PUBLICATION CLAUSE; PROVIDING THAT
A VIOLATION SHALL BE A CLASS "C" MISDEMEANOR
PUNISHABLE BY A PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00) FOR EACH VIOLATION AND NOT TO EXCEED
($400.00) FOR EACH VIOLATION WHEN WORKERS ARE PRESENT;
PROVIDING AN ENGROSSMENT AND ENROLLMENT CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to the Charter of the Town, State law, and its inherent
police powers, the Town Council of the Town is empowered to adopt ordinances and
rules that are for the good government of the Town; and
WHEREAS, due to the hazards presented to drivers, pedestrians and
construction workers as a result of road construction and maintenance throughout the
Town, the Town Council has determined that public safety and welfare require a change
to the prima facie speed in designated construction or maintenance zones; and
WHEREAS, the Town Council has determined it to be in the best interest of the
Town and its residents to amend the Code of Ordinances to designate new temporary
designated construction or maintenance zones which shall remain in effect until the
completion of construction and removal of signage as require by state law to designate
the areas as construction or maintenance zones; and
WHEREAS, the Town Council hereby finds that the amendment of Section 2.02
of Article II, Chapter 10 of the Code of Ordinances with the addition of Subparagraph
"0" entitled Temporary Construction or Maintenance Zones as further specified herein
serves 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
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Subsection 2.02 entitled "Speed of Vehicles" of Article " entitled, "Traffic &
Vehicles" of Chapter 10, entitled "Public Safety" of the Code of Ordinances of the Town
of Trophy Club, Texas is hereby amended to add Subparagraph "0" entitled "Temporary
Construction or Maintenance Zones" which shall be and read in its entirety as follows:
2.02 Speed of Vehicles.
"D. Temporary Construction or Maintenance Zones
The following areas, streets or portions thereof shall be designated as temporary
construction or maintenance zones, and it shall be unlawful for any person to
drive any vehicle thereon at a speed greater than twenty (20) miles per hour
within the designated temporary construction zone:
1. On Trophy Club Drive from a distance of 1,030 feet southeast of the
intersection of Trophy Club Drive and Trophy Lake Drive to a distance of 100
feet north of the intersection of Trophy Club Drive and Durango Drive.
2. On Trophy Lake Drive for a distance of 360 feet southwest of the intersection
of Trophy Lake Drive and Trophy Club Drive to intersection of Trophy Lake
Drive and Trophy Club Drive.
The twenty (20) mile per hour speed limit for the above designated temporary
construction or maintenance zones shall be in effect as long as street
construction or maintenance is being undertaken, the area is marked by signs
indicating that it is a construction or maintenance work zone, indicating where the
zone beings and ends, and stating "Fines double when workers present."
SECTION 3.
SAVINGS AND REPEALER
This Ordinance shall be cumulative of all other ordinances of the Town affecting
traffic control 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
ORD 2012-10 Page 2 of4
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 its application 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 the Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
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 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 Hundred
Dollars ($200.00) for a violation, except that the offense is punishable by a fine of not
less than Two Dollars ($2.00) nor more than Four Hundred Dollars ($400.00) if the
offense is committed in a construction or maintenance work zone when workers are
present and proper written notices are in place.
SECTION 7.
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.
ORD 2012-10 Page 3 of4
SECTION 8.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of passage and
publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas this the ih day of May, 2012.
ATTEST:
APPROVED TO AS FORM:
Patricia A. Adams , Town Attorney
Town of Trophy Club, Texas
ORD 2012-10
7Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
Page 4 of4