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ORD 2016-08TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2016-08 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING SUBSECTION "F", "COMMUNITY POOL FEES", OF SECTION A1.012 "PARKS AND RECREATION AND SPECIAL EVENTS" OF ARTICLE A1.000, "GENERAL PROVISIONS" OF APPENDIX A "FEE SCHEDULE" OF THE TOWN OF TROPHY CLUB CODE OF ORDINANCES AND ADOPTING A NEW SUBSECTION "F", "COMMUNITY POOL FEES", OF SECTION A1.012 "PARKS AND RECREATION AND SPECIAL EVENTS" OF ARTICLE A1.000, "GENERAL PROVISIONS" OF APPENDIX A "FEE SCHEDULE"; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING FOR A SAVINGS AND REPEALER; PROVIDING A SEVERABILITY; PROVIDING AN ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; 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 has constructed aquatic amenities for use, and has determined that based upon the costs of providing those amenities, it is necessary to review fees set forth in the Town's Schedule of Fees for use of those facilities; and WHEREAS, Town Council has the authority via ordinance to establish reasonable fees to cover the costs of services provided by the Town; and WHEREAS, having reviewed the current use fee categories charged for the general entrance of the Town's aquatic amenities and in determining that those amenities can be overcrowded creating safety concerns and a reduced participation by residents; the Town Council therefore finds that the proposed fee adjustments are reasonable and necessary to create a more safe environment and provide for a more positive user experience to our residents. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: 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. AMENDMENT 2.01 Subsection 'T', "Community Pool Fees" of Section A1.012, "Parks and Recreation and Special Events", of Article A1.000, "General Provisions" of Appendix A, "Fee Schedule" of the Town of Trophy Club Code of Ordinances, is hereby repealed and a new Section A1.012 (f) entitled "Community Pool Fees" is hereby adopted, so that Subsection 'T' shall be and read in its entirety as follows: "Section A.012 Parks and Recreation and Special Events (f) Community pool fees. Pool rental fees listed below are for a minimum two-hour period. Resident Rates: Resident(s) and/or guest(s) under 35 inches admitted free of charge. Daily rate $4.00 / individual Individual season pass $25.00 Family season pass (5 passes) $75.00 With the purchase of a family season pass, you automatically receive five (5) passes. All non -assigned passes will be placed on your account to be used by your guest(s) when a family pass member accompanies them. Additional family members $10.00 / member Resident guest pass $20.00 / pass This pass will be unassigned and valid for the entire season Single entry guest pass $4.00 / guest A resident must accompany the guest(s). Local business group rate* (with a minimum of 8 bathers) $3.00 / user In order to receive the local business group rate, group shall schedule date(s), time(s) of use with the Parks and Recreation Department, and provide the physical location of the business. Pool Rental Rates: Resident Rental Rates: Large pool rental $300.00 Spray pad rental (Friday p.m. and Saturday and Sunday) $300.00 Spray pad rental (Monday thru Friday a.m.) $225.00 Pavilion reservation $100.00 Community pool complex rental $700.00 Nonresident Rental Rates Large pool rental $330.00 Spray pad rental (Friday p.m. and Saturday and Sunday) $330.00 Spray pad rental (Monday thru Friday a.m.) $225.00 Community pool complex rental $770.00 ORD 2016-08 Page 2 of 4 The minimum rental time allowed is two (2) hours. Additional rental hours will be charged at one-half (1/2) of the two (2) hour rate fee set forth above. Cancellations with less than a twenty-four (24) hour notice will result in the forfeiture of the rental cost. Cancellations with less than a one (1) week notice will result in the forfeiture of fifty percent (50%) of the rental cost. SECTION 3. SAVINGS AND REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether such Ordinances are codified or uncodified, 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 or pursuant 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 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. 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. ORD 2016-08 Page 3 of 4 SECTION 6. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Fees and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect upon its passage and publication in accordance with the law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 8th day of March 2016. ATTEST: J'A��. Holly Fimbr s, Town Secretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams , Town Attorney Town of Trophy Club, Texas C. Nick Sanders, Mayor Town of Trophy Club, Texas [SEAL] r;IseTAppm v'� �IIRY1, ORD 2016-08 Page 4 of 4