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Agenda Packet Parks 02/13/2007Town of Trophy Club Parks & Recreation Board 100 Municipal Drive Trophy Club, Texas 76262 Tuesday, February 13, 2007 7:00 P.M. A.1 Call to order and announce a quorum. A.2 Citizen Presentations: this is an opportunity for citizens to address the Park & Recreation Board on any matter whether or not it is posted on the agenda. The Board is not permitted to take action on or discuss any presentations made to the Board at this time concerning an item not listed on the agenda. The Board will hear presentations on specific agenda items prior to the Board addressing those items. A.3 Discuss and take appropriate action on the approval of the January 9, 2007 minutes. A.4 Discuss and take appropriate action concerning the renaming of Marshall Creek Park. A.5 Park Board to discuss and make recommendations concerning the proposed PD-27 amendment. A.6 Discuss and make recommendations to Town Council concerning a no-smoking ordinance that could include public parks and park facilities. A.7 Parks and Recreation Staff update and discussion regarding project updates as listed below: There will be no action taken on any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. a. Future Recreation Facility Sub-Committee b. Pitch, Hit & Run scheduled for March 24, 2007 at Independence Park from 10-2pm c. Arbor Day / Soccer Fest scheduled for April 14, 2007 at Harmony Park from 11-3pm d. Aquatic program schedule e. Schedule of fees f. Marshall Creek Park operations A.8 Items for future agendas: a. Drainage area adjacent to Lakeview Park b. Investigate use of effluent water on parkland c. Discuss median design specs for future development d. Investigate sponsorship opportunities with sport associations e. Long range park planning f. Community pool addition g. Grand opening at Marshall Creek Park h. Explore WI-FI possibilities at park facilities A.9 Next meeting will be Tuesday, March 6, 2007 at 7p.m. A.10 Adjourn. PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-13-2007 Subject: Agenda Item No.A.1 Call to order and announce a quorum. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: Information Memorandum PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-13-2007 Subject: Agenda Item No.A.2 Citizen Presentations: this is an opportunity for citizens to address the Park & Recreation Board on any matter whether or not it is posted on the agenda. The Board is not permitted to take action on or discuss any presentations made to the Board at this time concerning an item not listed on the agenda. The Board will hear presentations on specific agenda items prior to the Board addressing those items. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: Information Memorandum PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-13-2007 Subject: Agenda Item No.A.3 Discuss and take appropriate action on the approval of the January 9, 2007 minutes. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: Minutes 010907 MINUTES OF A REGULAR PARKS & RECREATION BOARD MEETING FOR THE TOWN OF TROPHY CLUB LOCATION: 100 MUNICIPAL DRIVE, TROPHY CLUB, TEXAS TUESDAY, JANUARY 9, 2007 7:00 P.M. STATE OF TEXAS § COUNTY OF DENTON § The Parks & Recreation Board of the Town of Trophy Club, Texas, met in a Regular Session on Tuesday, January 9, 2007 at 7:00 p.m. The meeting was held within the boundaries of the Town and was open to the public. PARKS AND RECREATION BOARD MEMBERS PRESENT Pauline Twomey Chair Steve Gregory Vice Chair Steven Kohs Secretary Dave Glaser Board Member Matthew Graham Board Member Bill Matthai Board Member Chris McCollister Board Member Stephen Skeen Board Member JD Stotts Board Member Kathleen Wilson Board Member PARKS AND RECREATION BOARD MEMBERS ABSENT Wendy Hill Board Member STAFF AND GUEST(S) PRESENT Adam Adams Staff Liaison/Parks and Recreation Director Mindy Herring Recreation Supervisor A.1 Park & Recreation Board Chair Pauline Twomey called the Regular Session to order at 7:18 p.m. noting a quorum was present. A.2 Citizen Presentations: this is an opportunity for citizens to address the Park & Recreation Board on any matter whether or not it is posted on the agenda. The Board is not permitted to take action on or discuss any presentations made to the Board at this time concerning an item not listed on the agenda. The Board will hear presentations on specific agenda items prior to the Board addressing those items. No citizen presentations. A.3 Town Manager Brandon Emmons to discuss possible Parks and Recreation issues and facilities related to Parks and Recreation concerning the future development. Town Manager Brandon Emmons spoke on possible Parks and Recreation facilities based on the future development. A.4 Discuss and take appropriate action regarding future Board operations based on the Park & Recreation Board Ordinance. Chairwoman Twomey explained that per the ordinance Board Member Grahams’ position as parliamentarian is not an official position on the Board. He provides that service as a volunteer within his capacity as a Board Member. Board Member Graham made a motion to change irregularities in the ordinance’s numbering system to make it more compliant with standard outline form. Board Member Matthai seconded. Motion passes unanimously. Board Member Stotts made a motion to recommend an amendment to Section 3 paragraph 8 to state the following; A member’s absence from three (3) meetings annually without formal consent of the chair shall be deemed to constitute the resignation of that member and shall be certified by the chairperson to the Town Council. Board Member Glaser seconded. Motion passes unanimously. A.5 Discuss and take appropriate action concerning fees at Park and Recreation facilities as proposed by staff. Board Member Skeen made a motion to approve Marshall Creek Park fees as proposed by staff (Section C; 1-4). Board Member Wilson seconded. Motion passes 10; 0; 1, with Board Member Gregory abstaining. A.6 Discuss to take appropriate action concerning adoption of fees for sport associations that utilize Town facilities. Wade Mullis 20 Meadow Ridge, Trophy Club, President of TCRYBA spoke concerning fees. Board Member Matthai made a motion to re-open agenda item A.5. Board Member Gregory seconded. Motion passes unanimously. Terry Flickinger 24 Hillcrest, Trophy Club spoke concerning fees. Matt B. 15 Jamie Court, Trophy Club spoke concerning fees. Wade Mullis 20 Meadow Ridge, Trophy Club spoke concerning non-resident user fees. Board Member Matthai made a motion to approve the proposed fee changes effective March 1, 2007 for reservations and after hour pool rental. Board Member Wilson seconded. Board Member Graham moves to amend the motion by adding $5 to non-resident reservations. Board Member Matthai agreed to amend his motion and seconded the amendment. The amendment is voted upon and passes unanimously. The amended motion is voted upon and the amended motion passes unanimously. Dave Jahn Gentry Court, Trophy Club spoke concerning fees. Wade Mullis 20 Meadow Ridge, Trophy Club spoke concerning sport associations fees. Steve List 101 Lakeside Drive, Trophy Club, President of TCRSA spoke concerning fees. Board Member Wilson made a motion to reject any adoption of resident user fees. Board Member Graham seconded. Board Member Gregory asked for discussion. Motion passes unanimously. A.7 Discuss to take appropriate action concerning adoption of resident user fees at the Community Pool. Chairwoman Twomey advised the board that absent board member Wendy Hill, submitted a letter expressing opposition to resident user fees. Board Member Stotts made a motion that we do not have any changes to the fees regarding the pool. Board Member Wilson seconded. Board Member Matthai asked for discussion. Motion passes unanimously. A.8 Discuss and take appropriate action regarding Marshall Creek Sub-Committee. Chairwoman Twomey submitted her verbal resignation from the Marshall Creek Sub-Committee. Board Member Wilson made a motion to replace Chairwoman Twomey with Board Member Stotts on the Marshall Creek Sub-Committee. Motion passes unanimously. A.9 Discuss and take appropriate regarding the creation of a Recreation Facility Sub-Committee. Board Member Graham made a motion to create a Recreation Facility Sub-Committee consisting of Matthew Graham, Bill Matthai, Kathleen Wilson and Steven Gregory. Board Member Kohs seconded. Motion passes unanimously. A.10 Parks and Recreation Staff update and discussion regarding project updates as listed below: There will be no action taken on any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. a. Recreation programs & events b. Marshall Creek Park c. Other Park Facilities A.11 Items for future agendas: Drainage area adjacent to Lakeview Park Investigate use of effluent water on parkland Discussion median design specs in future development Investigate sponsorship opportunities with sports association Long range park planning Community Pool addition A.12 Discuss and take appropriate action on the approval of the December 5, 2006 minutes. Board Member Graham made the motion to amend the minutes by removing his name from those in attendance at the December 5, 2007 meeting. Board Member McCollister made a motion to approve the minutes with the amendment made by Board Member Graham. Seconded by Board Member Stotts. Motion passes unanimously. A.13 Next meeting will be Tuesday, February 13, 2007 at 7:15 p.m. A.14 Adjourn. Board Member Skeen made a motion to adjourn at 10:31pm. Seconded by Board Member McCollister. ___________________________________________ Steven Kohs Parks and Recreation Board Secretary PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-13-2007 Subject: Agenda Item No.A.4 Discuss and take appropriate action concerning the renaming of Marshall Creek Park. EXPLANATION: To promote the re-grand opening of Marshall Creek Park the Parks and Recreation Department asked the citizens of Trophy Club to submit possible names that would better identify it with the community. The Parks and Recreation Board needs to discuss and choose one of the following names to make recommendation to Council. RECOMMENDATION: STAFF COMMENTS: Names to consider: 1. Carter Park 2. Liberty Park 3. Freedom Park 4. Highland Park 5. Eagle Park 6. Trophy Lake Park 7. Trophy Wood Park 8. Trophy Park 9. Victory Park 10. Gateway Park 11. Challenger Park 12. Trophy Club Park 13. Sunrise Park 14. Trophy Leisure Club 15. Trophy Recreational Activities Park 16. Byron Nelson Park 17. Trophy Park 18. Ben Hogan Park 19. Trophy Park at Grapevine Lake. PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-13-2007 Subject: Agenda Item No.A.5 Park Board to discuss and make recommendations concerning the proposed PD-27 amendment. EXPLANATION: Parks & Recreation Board reviewed the original PD as submitted by D.R Horton. The revised amendment is being brought back before the Board for review. RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: Parkland Dedication Ordinance TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2005-19 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, REPEALING ORDINANCE NO. 2001-02 RELATING TO THE DEDICATION OF PARK LAND AND OPEN SPACE; AND ADOPTING NEW PROVISIONS FOR THE DEDICATION OF PARK LAND AND OPEN SPACE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A PURPOSE; ESTABLISHING DEDICATION PROCEDURES; PROVIDING FOR MONEY IN LIEU OF LAND; PRESCRIBING ADDITIONAL REQUIREMENTS; ESTABLISHING CRITERIA FOR CREDIT FOR CONVEYANCE OF FLOODPLAINS; PROVIDING FOR MINIMUM PARK IMPROVEMENTS; PROVIDING FOR A BIENNIAL REVIEW; ESTABLISHING REQUIREMENTS TO BE SATISFIED PRIOR TO DEVELOPMENT; PROVIDING FOR PERMITS AND SERVICES TO BE WITHHELD; PROVIDING FOR THE REDETERMINATION OF REQUIREMENTS FOR PROPSED ADDITIONAL DWELLING UNITS; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A CUMULATIVE REPEALER; PROVIDING FOR SAVINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR 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 Chapter 9 of the Texas Local Government Code; and WHEREAS, on February 19, 2001, the Town Council enacted Ordinance No. 2001-02, an Ordinance repealing Ordinance Nos. 94-01 and 99-12, and adopted a new Ordinance relating to the dedication of park land and open space, and; WHEREAS, staff recommends an update to the current Park Land Ordinance, including a Park Land Methodology, set forth in Exhibit “A”, (a copy of Exhibit “A” is attached hereto and incorporated herein by this reference); and WHEREAS, the Town Council now deems it necessary for the safe, orderly, and healthful development of the Town and in the best interest of the Town of Trophy Club, Texas, to adopt new regulations governing the Park Land Dedication within the corporate limits of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCILOF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. PURPOSE This article is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development in the Town. This article is enacted in accordance with the home rule powers of the Town, granted under the state constitution, and the statutes of the state including, but not by way of limitation, V.T.C.A., Local Government Code § 54.004, and ch. 212. It is hereby declared by the Town Council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for neighborhood parks is by integrating such a requirement into the procedure for planning and developing property or subdivision in the Town, whether such development consists of new construction on vacant land or rebuilding and remodeling of structures on existing residential property. Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities and within convenient distances from a majority of the residences to be served thereby. The primary cost of neighborhood parks should be borne by the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Therefore, this article is adopted to effect the purposes stated. SECTION 3. DEDICATION PROCEDURES A. Whenever a Final Plat is filed on record with the county clerk of Denton or Tarrant County for development of a residential area in accordance with the planning and zoning ordinances of the Town, such plat shall contain a clear fee simple dedication of an area of land to the Town for park purposes, which area shall equal one (1) acres for every 44 proposed dwelling units. B. The Town Council declares that development of an area smaller than five (5) acres for public park purposes is impractical. Therefore, if fewer than 220 dwelling units are proposed by a plat filed for approval, the developer shall be required to pay the applicable cash in lieu of land amount provided by Section 4, rather than to dedicate any land area. No plat showing a dedication for park purposes of less than five (5) acres shall be approved. C. In all other instances, the Town shall have the right to accept the dedication for approval on the final plat, or to refuse the dedication, after consideration of the recommendation of the planning and zoning commission and the Parks and Recreation Director, and to require payment of cash in lieu of land in the amount provided by Section 4, if the Town determines that sufficient park area is already in the public domain in the area of the proposed development, or if the recreation potential in the area of the proposed would be better served by expanding or improving existing parks. SECTION 4. MONEY IN LIEU OF LAND Where Town Council determines that a payment of money in lieu of land shall be made, the following provisions shall apply. A. Amount Required to be Paid: 1. Any payment of money required to be paid by this Ordinance shall be in an amount equal to the average per acre value of the whole property included within the residential development. The acquisition price for land shall be equal to the appraised value of the land existing in effect at the time of Final Plat approval. 2. In determining the average per acre value of the total land included within the proposed residential development, the Town Council may base its determination on one or more of the following: a. The most recent appraisal of all or part of the property made by the central appraisal district; or b. Confirmed sale prices of all or part of the property to be developed, or comparable property in close proximity thereof, which have occurred within two (2) years immediately proceeding the date of determination; or c. Where, in the judgment of the Town Council, (i) or (ii) above would not, because of changed conditions, be a reliable indication of the then current value of land being developed, an independent appraisal of the whole property shall be obtained by the Town and paid for by the developer. SECTION 5. ADDITIONAL REQUIREMENTS A. Any land dedicated to the Town under this article must be suitable for park and recreation uses. The following characteristics of a proposed area are generally unsuitable: 1. Any area primarily located in the 100-year floodplain. 2. Any areas of unusual topography, slope or other characteristics which renders same unusable for organized recreational activities or other parks and recreational uses. Such characteristics of a park land dedication area may be grounds for refusal of any preliminary plat. B. Land listed in paragraph A of this Section may be accepted by the Town Council, provided that suitable land in the proper amount is dedicated which is contiguous with the unsuitable land. C. Drainage areas may be accepted as part of a park if the channel is constructed in accordance with Town engineering standards, and if no significant area of the park is cut off from access by such channel. D. Each park must have ready access to a public street. E. Unless provided otherwise in this section, an action by the Town shall be by the Town Council, after consideration of the recommendations of the planning and zoning commission and the Parks and Recreation Director and his recommendation to the Town Council. SECTION 6. CREDIT FOR CONVEYANCE OF FLOODPLAINS A. In cases where floodplain land or property is proposed for conveyance to satisfy the park land requirements, a credit will be given upon the following criteria: 1. Three (3) acres of floodplain shall be equal to one (1) acre of non-floodplain. SECTION 7. MINIMUM PARK IMPROVEMENTS A. In cases where land dedication is chosen, the following minimum criteria must be adhered to by the developer, at the developer expense, prior to acceptance of the improvements by the Town. The Developer shall: 1. Grade and clear unwanted vegetation, to be determined by the Town; 2. Provide water and sewer service to the site. SECTION 8. BIENNIAL REVIEW Prior to one (1) year after the effective date of this Ordinance, the Parks & Recreation Director shall review the Park Land Dedication Ordinance and make any recommendations for revision to the Town Council. Thereafter, at least once every two (2) years, the Parks & Recreation Director shall review the Parkland Dedication Ordinance and make any recommendations for revision to the Town Council. SECTION 9. REQUIREMENTS TO BE SATISFIED PRIOR TO DEVELOPMENT It shall be unlawful for any person who is required to convey land, or pay money in lieu of land, as required by this Ordinance, to begin, or allow any other person or contractor to begin, any construction or improvements on any land within the development to which this Ordinance applies, until the required conveyance of land, or payment of money in lieu of land is made to the Town in accordance with this Ordinance. SECTION 10. PERMITS AND SERVICES TO BE WITHHELD No building permits shall be issued for, and no permanent utility services shall be provided to any land within any development to which this Ordinance applies until the required conveyance of land or payment of money in lieu of land is made to the Town in accordance with this Ordinance. SECTION 11. REDETERMINATION OF REQUIREMENTS FOR PROPOSED ADDITIONAL DWELLING UNITS After the Town Council has made a determination of the requirements of this Ordinance, or after the requirements of this Ordinance have been met, based upon the proposed number of residential dwelling units for any land to which this Ordinance applies, any person who desires to construct a number of dwelling units in excess of the number dwelling units for which the requirements of this Ordinance were determined or met, must submit to the Town Council a revised zoning proposal for additional dwelling units for the development. Once the Town Council has approved a zoning ordinance increasing the number of dwelling units allowed on a platted lot, the developer shall either convey additional park land through a plat or replat, or shall pay a fee in lieu of park land for the additional dwelling units, at issuance of building permits. Where a payment of money was originally made to meet the requirements of this Ordinance, the person proposing to construct additional dwelling units may be required to convey land for all or part of the development. In such case, after the required conveyance is made, the payments, or portion thereof, previously made, which are satisfied by the dedication of land, shall be returned by the Town. SECTION 12. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 13. 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; provided, however, that Ordinance No. 2001-02 is hereby repealed. 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 Ordinance No. 2001-02 on the date of adoption of this Ordinance or under such portion of any other Ordinance relating to Park Land Dedication shall continue to be governed by the provisions of such Ordinances and for that purpose the Ordinances shall remain in full force and effect. SECTION 14. SAVINGS All rights and remedies of the Town of Trophy Club, Texas, are expressly saved as to any and all violations of the provisions of any other Ordinance affecting Park Land Dedication which have secured 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 15. 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, which remaining portions shall remain in full force and effect. SECTION 16. 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, Penalty and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 17. PUBLICATION The Town Secretary of the Town of Trophy Club is hereby directed to publish, the Caption, Penalty and Effective Date of this Ordinance as required by Section 52.011 of the Texas Local Government Code. SECTION 18. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 15th day of August, 2005. Mayor Town of Trophy Club, Texas EFFECTIVE DATE: [SEAL] ATTEST: Town Secretary Town of Trophy Club, Texas APPROVED AS TO FORM: Town Attorney Town of Trophy Club, Texas Exhibit “A” Park Land Methodology Land Requirements: 8 acres / 1,000 population 1 acre per 125 Total Population: 7,700 people 2.83 Person Per Household (PPH) 125 People / 2.83 PPH = 44 DUs 1 acre per 44 DUs Park Acquisition Cost (Determines Fee in Lieu of Land) Assumption 1 acre = fair market value Fair market value / 44 DUs = per DU DU – Dwelling Unit PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-13-2007 Subject: Agenda Item No.A.6 Discuss and make recommendations to Town Council concerning a no-smoking ordinance that could include public parks and park facilities. EXPLANATION: Town Council will be reviewing the adoption of a no-smoking ordinance that could be broadened to include no smoking in certain parks and park facilities. This is an opportunity for the Board to make recommendations as to the parameters of that document. RECOMMENDATION: STAFF COMMENTS: (aa) PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-13-2007 Subject: Agenda Item No.A.7 Parks and Recreation Staff update and discussion regarding project updates as listed below: There will be no action taken on any individual project posted under this item and discussion will be limited. If extensive discussion is required, the item may be placed on a future agenda. a. Future Recreation Facility Sub-Committee b. Pitch, Hit & Run scheduled for March 24, 2007 at Independence Park from 10-2pm c. Arbor Day / Soccer Fest scheduled for April 14, 2007 at Harmony Park from 11-3pm d. Aquatic program schedule e. Schedule of fees f. Marshall Creek Park operations EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: Schedule of Fees TOWN OF TROPHY CLUB, TEXAS TOWN ORDINANCE NO. 2007- 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”, BY AMENDING SECTION “8.15” “PARKS AND RECREATION;” PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2006-37 was adopted on September 18, 2006 and provided for the adoption of a new schedule of fees for the Town of Trophy Club (hereinafter referred to as “Town”); and WHEREAS, due to changes in costs incurred by the Town which require an amendment to various fees, the Town now finds it necessary and proper to amend Ordinance No. 2006-37 by revising the fees associated with Parks and Recreation user fees for Marshall Creek Park, sports facilities and the community swimming pool; and WHEREAS, the fees adopted hereby are reasonable and reflect reimbursement for administrative and operational costs incurred by the Town in providing various services to the public; and WHEREAS, the Town is authorized to require the payment of reasonable fees for services provided; and WHEREAS, the Town Council hereby finds that the amendment of Section 8.15 of Article VIII, Chapter 1, of the Code of Ordinances as further specified herein serves the best interests of the Town. 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 Article VIII entitled “Schedule of Fees” of Chapter 1, entitled “Administration” of the Code of Ordinances of the Town is hereby amended to revise Section 8.15, entitled “Parks & Recreation” so that 8.15 is hereby revised as follows: All fees are to be paid at the time of reservation and are based on availability. Amounts shown are for each separate use/session. A session is based on 2-hour minimum. Fees are not applicable to members of the Trophy Club youth sports associations when they are participating in Trophy Club youth sports association sponsored activities. A. Reservations (Effective March 1, 2007) Resident Non-Resident 1. Beck Baseball Field – Lighted $40.00 $60.00 2. Beck Baseball Field - Unlighted $20.00 $40.00 3. Harmony Soccer Field - Lighted $50.00 $80.00 4. Harmony Soccer Field – Unlighted $30.00 $60.00 5. Harmony Softball Field - Unlighted $20.00 $30.00 6. Independence Baseball Field - Lighted $50.00 $80.00 7. Independence Baseball Field - Unlighted $30.00 $60.00 Sport field rentals are based on a 2-hr minimum. Additional hour is ½ the rate. 8. Pavilion Rental $20.00 $45.00 Pavilion rental based on a 3 hour minimum. $10 each additional hour. B. Pool After Hours Rental (Effective March 1, 2007) Resident Non-Resident 1. Small Pool (1-25 people) $100.00 $125.00 2. Large Pool (1-50) $150.00 $175.00 3. Large Pool (51-100) $200.00 $225.00 4. Large Pool (101+) $250.00 $275.00 5. Both Pools (1-50) $200.00 $225.00 6. Both Pools (51-100) $250.00 $275.00 7. Both Pools (101+) $300.00 $325.00 8. Pool Dep. (1-50) $100.00 $100.00 9. Pool Dep. (51-100+) $250.00 $250.00 Pool rentals are based on a 2 hour minimum. C. Pool Daily Use Fees (Effective March 1, 2007) Resident Non-Resident 1. Daily Pool Fee (Age 3 & Under Free) $2.00 $4.00 2. Individual Season Pass $25.00 $75.00 3. Family Season Pass $75.00 $150.00 D. Marshall Creek Park (Effective May 1, 2007) Resident Non-Resident 1. Vehicle Entry $3.00 $3.00 2. ATV/Motorcycle $12/$10 $12/$10 3. Boat Entry $5.00 $5.00 4. Vehicle Entry Season Pass $20 $50 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 portions 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 by copying the exact Caption and Effective Date clause in the minutes of the Town Council of the Town of Trophy Club and by filing this Ordinance in the Ordinance records of the Town. SECTION 6. PENALTY It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 7. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this the 19th day of February, 2007. _______________________________ Mayor Town of Trophy Club, Texas ATTEST: _________________________________________ Town Secretary Town of Trophy Club, Texas [SEAL] _______________________________ Town Attorney Town of Trophy Club, Texas PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-13-2007 Subject: Agenda Item No.A.8 Items for future agendas: a. Drainage area adjacent to Lakeview Park b. Investigate use of effluent water on parkland c. Discuss median design specs for future development d. Investigate sponsorship opportunities with sport associations e. Long range park planning f. Community pool addition g. Grand opening at Marshall Creek Park h. Explore WI-FI possibilities at park facilities EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: Information Memorandum PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-13-2007 Subject: Agenda Item No.A.9 Next meeting will be Tuesday, March 6, 2007 at 7p.m. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: PARKS AND RECREATION BOARD MEMORANDUM From: The Office of the Parks and Recreation Director Date: 2-13-2007 Subject: Agenda Item No.A.10 Adjourn. EXPLANATION: RECOMMENDATION: STAFF COMMENTS: (aa) Attachments: Information Memorandum