ORD 2004-15TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2004-15
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, IMPOSING
A FEE FOR THE USE OF THE TOWN'S COMMUNITY SWIMMING POOL
FOR NON-RESIDENT/NON-GUEST USERS; PROVIDING FOR THE
INCORPORATION OF PREMISES/PURPOSE; PROVIDING FOR
DEFINITIONS; PROVIDING A CUMULATIVE REPEALER CLAUSE;
PROVIDING FOR SAVINGS; PROVIDING SEVERABILITY; PROVIDING
FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy CIub, Texas (the "Town") is
empowered under the Texas Local Government Code, Section 54.001, to do all acts and make all
regulations which may be necessary or expedient for the promotion of the public health, safety and
general welfare; and
WHEREAS, under the Town's Schedule of Fees, residents of the Town are allowed free
admission to the Town's swimming pool and are allowed free admission for two (2) guests and each
additional non-resident guest is allowed admission for a fee of $5.00; and
WHEREAS, the current Schedule of Fees does not impose a fee for non-resident/non-guest
users of the Town's swimming pool; and
WHEREAS, non-resident users who are not accompanier) by a resident (hereinafter "Non-
Resident/Non-Guest") should be required to pay a fee for the benefit gained from their use of the
pool in order to offset the costs incurred by the Town in providing a community pool; and
WHEREAS, the fees adopted hereby and set forth herein are reasonable and reflect
reimbursement for costs incurred by the Town in providing a swimming pool; and
WHEREAS, payment of such fee is a condition precedent to admission to the Town's
swimming pool; and
WHEREAS, the Town is authorized to require the payment of reasonable fees for services
provided.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES/PURPOSE
The foregoing premises are hereby adopted in their entirety and there is hereby adopted a fee
for Nan-Resident/Non-Guest users of the Town's Community Swimming Pool as more specifically
provided herein.
SECTION 2.
DEFINITIONS
Non-resident/Non-Guest means aperson or persons who do not permanently reside within the
Town of Trophy Club and who is not a guest of a resident of the Town of Trophy Club.
SECTION 3.
NON-RESIDENT/NON-GUEST POOL FEE
Non-Residents/Non-Guests:
2 years old and younger
Free
3 years old and over
$3.00
Individual Season Passes
$50.00
Family Season Pass (up to 5 family members)
$150.00
SECTION 4.
CUMULATIVE REPEALER
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 and where such other Ordinance(s) do not specifically state that fees
contained therein take precedence. 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 orpursuant to any such Ordinance on the date of
adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for
that purpose the Ordinance shall remain in full force and effect.
SECTION 5.
SAVINGS
All rights and remedies of the Town of Trophy Club are expressly saved as to any and all
violations of the provisions of any Ordinances affecting fees and as to any and all claims or causes of
action regarding any fees imposed by Ordinance or other Town regulation which have accrued prior
to or at the time of the effective date of this Ordinance; and, as to such accrued violations and all
pending causes of action, 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 G.
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 or unconstitutionality and that such 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
and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government
Code.
SECTION S.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this
Ordinance by copying the exact Caption and Effective Date in the minutes of the Town Council and
by filing this Ordinance in the ordinance records of the Town.
SECTION 9.
EFFECTIVE DATE
That this Ordinance shall be in full force and effect from and after its date of passage and
publication, in accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Coun 'l'of the`Town of Trophy Club, Texas this
17«' day of May, 2004.
l
ayor /
Town of Trophy Club, Texas
Effective Date: May 22, 2004
[SEAL]
ATTEST:
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Town
Town Secretary 1° c
Town of Trophy Club, Texas
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APPROVED TO AS FORM:
Town Attorney
Town of Trophy Club, Texas