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ORD 1998-29RD 09/17/2001 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 98-29 P & Z AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCES 94-09, 96-16, AND 97-10P&Z AND REPLACING THEM BY ADOPTING THE UPDATED COMPREHENSIVE ZONING ORDINANCE, AS PREPARED AND SUBMITTED BY MUNICIPAL PLANNING RESOURCES GROUP, INC.; DECLARING THE 1998 PRINTING OF THE COMPREHENSIVE ZONING ORDINANCE TO BE THE OFFICIAL COMPREHENSIVE ZONING ORDINANCE; CORRECTING AND ADOPTING THE OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($3,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (all references hereafter to "Town" shall refer to the Town of Trophy Club, Texas), has adopted a Comprehensive Zoning Ordinance by adopting Ordinance No. 94-09, effective July 7, 1994; and WHEREAS, the Town Council amended Ordinance No. 94-09 through Ordinance Nos. 96-16 and 97-10P&Z; and WHEREAS, the Town Council deemed it necessary and in the best interest of the Town to update the Comprehensive Zoning Ordinance; and WHEREAS, Municipal Planning Resources Group, Inc. (hereinafter "MPRG") was called upon by the Town to develop and print the updated version of the Comprehensive Zoning Ordinance; and WHEREAS, the updated draft of the Comprehensive Zoning Ordinance prepared and submitted by MPRG, was submitted to the Planning and Zoning Commission of the Town for its review and recommendation; and WHEREAS, incorporated in the updated draft of the Comprehensive Zoning Ordinance were certain amendments thereto, as proposed by MPRG and reviewed by the Town Planner and ORDINANCE- Page I DOC 657332 the Town Attorney, which were deemed by the preparers thereof to be necessary and in the Town's best interests; and WHEREAS, the Planning and Zoning Commission and the Town Council of the Town of Trophy Club, Texas (the "Town"), have heretofore conducted substantial studies and a number of public hearings and work sessions, upon the giving of public notice, which included input from the Town's professional planner and owners and developers of land within the Town regarding the proposed updated Comprehensive Zoning Ordinance; and WHEREAS, the Town Council does hereby find and conclude based upon the information and data presented in the studies and at the public hearings and work sessions that adoption of the Comprehensive Zoning Ordinance prepared by MPRG is in the public's best interest and in support of the health, safety, morals and general welfare of the Town; and WHEREAS, it is the intent of the Town Council to repeal Ordinance Nos. 94-09, 96-16, and 97-10P&Z by and through the adoption of this Ordinance; and WHEREAS, it is necessary and in the best interests of the Town to update the official town map by adopting a new official town map which reflects all amendments and changes to the map which have taken place since the creation of the previous town map. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Section 1. The above and foregoing recitals are found to be true and correct and are incorporated into the body of this Ordinance for all purposes. Section 2. The updated Comprehensive Zoning Ordinance prepared by Municipal Planning Resources Group, Inc. ("MPRG"), a true and correct copy of which is attached hereto and incorporated herein and labeled Exhibit A is hereby adopted by the Town Council as the Comprehensive Zoning Ordinance (1998 Printing) of the Town of Trophy Club, Texas. Section 3. A copy of the Comprehensive Zoning Ordinance shall be kept in the office of the Town Secretary with the original of this Ordinance and shall be available for inspection during regular business hours. Section 4. That the official zoning map of the Town, a true and correct copy of which is attached hereto, labeled Exhibit B and incorporated herein, is hereby corrected and adopted to reflect the zoning district classifications as approved by the Town Council. Section 5. Any person, f= or corporation violating any of the provisions of this ordinance shall be punished by a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense and each and every day such offense shall continue shall be deemed to constitute a separate offense. ORDINANCE- Page 2 DOC A: 657332 Section 6. This Ordinance repeals Ordinance Nos. 94-09, 96-16, and 97-10P&Z and replaces them with this Ordinance adopting the 1998 Comprehensive Zoning Ordinance as prepared by MPRG, provided, however, that 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 the repealed Ordinances shall continue to be governed by the provisions of those Ordinances and for that purpose Ordinance Nos. 94-07, 96-16, and 97-10P&Z shall be deemed to remain and continue in full force and effect. It is further the intent hereof that if any section or provision of this ordinance or the application of that section or provision to any person, firm, corporation, situation or circumstance is for any reason judged invalid, the adjudication shall not affect any other section or provision of this ordinance or the application of any other section or provision to any other person, firm, corporation, situation or circumstance, nor shall adjudication affect any other section or provision of the Comprehensive Zoning Ordinance of the Town of Trophy Club, Texas, and the Town Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions of this ordinance shall remain in full force and effect. Section 7. That all ordinances of the Town of Trophy Club in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of that conflict. Section 8. That this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, this 1st day of December , 1998. ATTES 2�� GGf/Gr G Town Secretary( Town of Trophy Club, Texas APPROVED AS TO FORM: — a""J, "-- Town Attorney Town of Trophy Club, Texas ORDINANCE - Page 3 DOC N: 657332 of Trophy/Club, Texas