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
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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.
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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
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~ayor, Connie White
Town of Trophy Club, Texas
[SEAL]
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