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Ord 606 Amending Chapter 2 Removing the Fee and Use ScheduleTOWN OF WESTLAKE ORDINANCE NO. 606 ORDINANCEAN OF E TOWN OF AMENDING CHAPTER 2, ARTICLE V, DIVISION OF OF CODE OF ORDINANCES. PROVIDING PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING 1, iESTABLISHING DATE. WHEREAS, the Town of Westlake, Texas is a general law Town acting under the Local Government Code; and WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best interest of the citizens, businesses and property owners in the Town of Westlake, to remove the Fee and Use Schedule from the Code of Ordinances to facilitate a quicker and more cost effective method of updating the Fee Schedule; and WHEREAS, upon the recommendation of the Westlake Director of Planning and Development, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that the Code of Ordinances be amended to remove the Fee and Use Schedule and add a provision that will require the Fee and Use Schedule, and all subsequent revisions, to be approved by Town Council Resolution in the future; NOW, !:.BE IT ORDAINED i OF TOWN OF SECTION 1: That, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2:_ That the following sections of Chapter 2 of the Code of Ordinances, are hereby amended, to read as follows: Chapter 2 ADMINISTRATION* ARTICLE V. FINANCE DIVISION 2 FEES AND USE SCHEDULE The fees and use charges authorized by the Town of Westlake Code of Ordinances, and 1 any Ordinances approved by the Town Council whether codified or not, shall be contained within a Fees and Use Schedule that shall be approved by the Town Council of the Town of Westlake by Resolution. Copies of the approved Fees and Use Schedule shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. SECTION 4: PENALTY. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. SECTION 6: SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the Town Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake are expressly saved as to any and all violations of the provisions of the Code of Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting such code 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 8: PUBLICATION. The Town Secretary of the Town of Westlake is hereby directed to publish in the official newspaper of the Town of Westlake, the caption, penalty clause, publication clause and the effective date of this ordinance. SECTION 9: EFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as required by law. FA PASSED AND APPROVED this 12 day of JANUARY 2009. ATTEST: Birn 'u'tter,TRMC, Town Secretary F.-vibil,M1,1911 I I III! 1XI 111.2 Irl III L. Stadt6n Logy, T´┐ŻowijAttorney I J-1 Laura Wheat, Mayor