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ORD 2012-19TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-19 P&Z AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE TOWN, ENTITLED "ZONING", ARTICLE II, ENTITLED "DEFINITIONS," SECTION 2.02 ENTITLED "GENERAL DEFINITIONS" TO ADOPT A DEFINITION FOR "BANK OR FINANCIAL INSTITUTION"; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENTS; 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 A SAVINGS CLAUSE; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING A SAVINGS AND 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, after public hearing and due deliberations and consideration of the recommendation of the Planning & Zoning Commission, and the information and other materials received at public meetings, the Town Council has concluded that the amendments of this Ordinance are in the best interests of the Town of Trophy Club, Texas; and WHEREAS, having determined that a definition for Bank or Financial Institution has not been .established in the Zoning Ordinance, Staff recommends adopting a definition for those uses; and WHEREAS, having determined that adopting the definition set forth below for Bank or Financial Institution as part of the Zoning Ordinance is a proper exercise of governmental authority necessary to regulate orderly development and use of land, 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 if! their entirety. SECTION 2. AMENDMENTS 2.01 Article II, Entitled "Definitions," of Chapter 13, entitled "Zoning", of the Code of Ordinances of the Town of Trophy Club is hereby amended so that Section 2.02 entitled "General Definitions" is amended to add a definition for "Bank or Financial Institution", which definition shall be and read in its entirety as follows and shall be placed in alpha numeric order as number 20 of the Subsection A "Definitions", and all other definitions shall remain the same in content but definitions subsequently listed shall be renumbered accordingly: Section 2.02 General Definitions A. The following words, when used in this ordinance, shall have the meanings respectively ascribed to them in this section, unless such definition would be inconsistent with the manifest intent of the Planning and Zoning Commission and the Town Councilor where the context of this Ordinance clearly indicates otherwise: "20. Bank or Financial Institution: An establishment, open to the public, for the deposit, custody, loan, exchange or issue of money, the extension of credit and/or facilitating the transmission of funds and other financial services and that is licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union. This excludes pawnshops, check cashing businesses, and payday advancelloan businesses. " 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 each day during or on which a violation occurs or continues. ORD 2012-19 Page 2 of 4 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 zoning uses, specifically bank or financial institution uses, 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 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 remaining 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. ORO 2012-19 Page 3 of4 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. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 24th day of September, 2012. ATTEST: APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas ORO 2012-19 C6nnie White, Mayor Town of Trophy Club, Texas Page 4 of 4