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ORD 2010-15TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2010-15 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES, ENTITLED "ADMINISTRATION", ARTICLE VIII, ENTITLED "SCHEDULE OF FEES", SECTION 8.12, ENTITLED "COMMUNITY POOL," IS HEREBY REPEALED IN ITS ENTIRETY AND A NEW SECTION 8.12 ENTITLED "COMMUNITY POOL COMPLEX" IS ADOPTED PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution ; and WHEREAS, the Town is committed to improving the quality of life by expanding recreational opportunities for its residents; and WHEREAS, it was determined that there is a need to add admission fees for the use of the community pool complex due to the addition of a large spray park component; and WHEREAS, the Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town, and based upon those costs, the Town has determined the amount of fee that reasonably covers the costs for providing pool amenities; and WHEREAS, the Town has determined that based upon projected use , the amount of fee imposed for the use of the community pool complex is reasonable , will defray administrative and operational costs, and is necessary to adequately service the facilities and to protect the health , safety and welfare those who utilize the facilities; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Ordinance 2010-15 File 102010-288 1 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. AMENDMENTS 2.03 Article VIII entitled, "Schedule of Fees" of Chapter 1, entitled "Administration " of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.12, entitled "Community Pool", is hereby repealed in its entirety and a new Section 8.12 entitled "Community Pool Complex" is adopted so that Section 8.12 shall be and read in its entirety as follows : Section 8.12 Community Pool Complex Resident Rates* Daily Rate $3 .00 Off Season Daily Rate­$2 .00 Individual Season Pass $25 .00 Family Pass $65 .00 Non-Resident Rates* Daily Rate $6 .00 Off Season Daily Rate** $4 .00 Individual Season Pass $90 .00 Family Season Pass $200 .00 *Children under 35 inches admitted free of charge. **"Off Season" means the period outside of the normal operating season of the Pool. Pool Rental Rates Small Pool Rental Bathers 01-25 $100 .00 Large Pool Rental Bathers 01-50 $150 .00 Bathers 51-80 $180 .00 Bathers 81-100 $200 .00 Bathers 100 Plus $250 .00 Both Pool Rental (same time) Bathers 01-50 $200 .00 Ordinance 2010-15 File 10 2010-288 2 Bathers 51-80 $250.00 Bathers 81 Plus $300.00 Spray Pad Rental $225.00 Community Pool Complex $500.00 Rental Deposit Charges Bathers 01-50 $100.00 Bathers 51 Plus $250.00 A Deposit Charge will be held with the application until after the reservation is completed. The minimum rental time allowed is two (2) hours. Pool rental fees listed above are for a two (2) hour period. After the initial two (2) hour period, additional rental time will be charged in increments of one-half (1/2) of the fee set forth above per hour of use. Cancellations with less than a twenty-four (24) hour notice will result in the forfeiture of the deposit. Cancellations with less than a one (1) week notice will result in the forfeiture of fifty percent (50%) of the deposit SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting the Schedule of Fees 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 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 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 the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Ordinance 2010-15 File 10 2010-288 3 I SECTION 5. 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 and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect on June 5 , 2010, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club , Texas , this the 1 th day of May , 2010. Mayor, Connie White Town of Trophy Club, Texas ATTEST: V Town Secr~tary, Lisa Hennek Town of Trophy Club, Texas [SEAL] Th!:1JC~flmt. J} Town Attorney, atncla A. Adams Town of Trophy Club, Texas Ordinance 2010-15 File 10 2010-2 88 4