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ORD 2011-06TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2011-06 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING ARTICLE VIII ENTITLED "TREE PRESERVATION AND REMOVAL", OF CHAPTER 12 ENTITLED "SUBDIVISION RULES AND REGULATIONS", AND AMENDING SECTION 1.03 ENTITLED "POWERS AND DUTIES OF THE BOARD" OF ARTICLE I ENTITLED "PARKS AND RECREATION BOARD" OF CHAPTER 9 ENTITLED "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS TO ARTICLE I ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE PARKS AND RECREATION BOARD SERVING AS TREE BOARD AND AMENDMENTS TO ARTICLE VIII AUTHORIZING THE PARKS AND RECREATION BOARD TO SERVE AS THE TREE BOARD, AND REMOVING REFERENCES TO A SEPARATE TREE BOARD; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is a home rule municipality empowered 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, the Tree Board voted unanimously to disband and allow the Parks and Recreation Board to assume its duties upon Council approval; and WHEREAS, the Parks and Recreation Board agreed to assume the duties of the Tree Board upon Council approval and create a sub-committee addressing the specific areas of the Tree Board subsequent to that approval; and WHEREAS, the new duties assigned to the Parks and Recreation Board would allow staff to focus on this area in a more efficient manner; and WHEREAS, the Town Council finds it appropriate to adopt the amendments as proposed. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01. Section 8.02 entitled "Tree Board" of Article VIII, entitled Tree Preservation and Removal", of Chapter 12 entitled "Subdivisions Rules and Regulations", of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section 8.02 entitled "Park Board to Serve as Tree Board", of Article VIII of Chapter 12 shall be adopted and shall be and read in its entirety as follows: Section 8.02 Parks and Recreation Board to Serve as Tree Board A. Role of Parks and Recreation Board: The Parks and Recreation Board shall serve as the Tree Board for the Town (the "Board"). B. Duties and Responsibilities: It shall be the responsibility of the Board to: 1. Determine cash value for a tree replacement; 2. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein; 3. Develop and approve tree lists; 4. Inform and develop an informational tree pamphlet; and 5. Hear appeals. 6. Annually develop a written plan, in conjunction with the Town Manager or his designee for the care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in public ways, streets, alleys, and parks. Such plan will be presented annually to the Town Council and upon acceptance and approval, shall constitute the official comprehensive Tree Plan forthe Town. The Town Manager or his designee shall be charged with carrying out the plan. 7. Ensure the Tree City USA Application for recertification is submitted annually. 2.02 In each of the following Sections and Subsections of Article VIII entitled "Tree Preservation and Removal", of Chapter 12 entitled "Subdivisions Rules and Regulations", the term "Tree Board" shall be replaced by the term "Board" and the remainder of those Sections and Subsections shall not be amended but shall be and read the same: ORD 2011-06 Page 2 of 5 Section 8.04 (A), Section 8.05 (Cl. Section 8.06(A)(1), Section 8.07(A) (1) and (A)(2) , Section 8.08(C)(1 )(c), Section 8.08 (G), Section 8,09(A)(6), Section 8.1 0(A)(2),Section 8.10 (B)(2)(b),(c) and (d), and Section 8.12. 2.03 Section 1.03 entitled "Powers and Duties of the Board" of Article I entitled "Parks And Recreation Board" of Chapter 9 entitled "Parks and Recreation" of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section 1.03 entitled "Powers and Duties of the Board" of Article I of Chapter 9 of the Code of Ordinances is hereby adopted and shall be and read in its entirety as follows: Section 1.03 POWERS AND DUTIES OF THE PARKS AND RECREATION BOARD A. The Parks and Recreation Board shall have the following powers and perform the following duties: 1. Advisory Capacity to Council: The Board shall act principally in an advisory capacity to the Town staff and the Town Council in all matters pertaining to parks and recreation, shall acquaint itself with and make a continuous study of the complete parks and recreation services of the Town; and shall advise the staff and Town Council from time to time as to the present and future policies, maintenance, operation, planning, acquisition, development, and enlargement of the Town parks and recreation services. The Board shall also have such authority as designated to it by Town Ordinance. 2. Study and Development of Recreation and Recreation Areas: The Board shall study and encourage the development of parks and recreation areas and the development of recreation for all residents of the Town. 3. AdviSOry Capacity to the Director: It shall advise The Board on problems of development of recreation areas, facilities, programs and improved recreation services. 4. Recommend Standards: It shall recommend the adoption of standards for areas, facilities, programs and financial support for parks and recreation purposes. 5. Advise on Long-Range Parks and Recreational Capital Improvement Programs: The Board shall advise and recommend to the Parks and Recreation Director the development of long-range capital improvement programs, and when the need exists for additional park and recreational facilities, the Board shall make appropriate recommendation to the Town Council. It may also recommend the acquisition of additional parks, park and recreational equipment and supplies. ORO 2011·06 Page 3 of 5 6. Solicitations: The Board may solicit grants, on behalf of the Parks and Recreation Board; provided however, that the acceptance of any such grant is subject to the approval and acceptance of Town Council. 7. Cooperative Opportunities: The Board may cooperate with other governmental agencies, civic organizations and all citizens of the Town in the advancement of sound parks and recreation planning and programming. 8. Amendments to Ordinance: The Board may, from time to time, recommend to the Town Council amendments to this Ordinance. 9. Reports: The Board shall, through its Chairperson or his/her designee, make an oral and written report semi-annually to the Town Council concerning its activities during the past year and its proposals for the coming year. 10. Budget: The Board shall review the proposed budget for the Parks and Recreation Department, and make any recommendations to the Parks and Recreation Director deemed necessary. The Board is not authorized to add, delete or change in any way the budget as prepared by the Parks and Recreation Director. 11. Additional Rules: The Board shall have authority to adopt such additional rules that are not in conflict with this ordinance that it deems necessary to carry the purpose and intent of this ordinance, subject to Town Council approval. 12. Actions of Board As a Unit. No action of any individual member(s) is authorized except as approved by the Board. Only the Board acting as a whole shall exercise the powers and duties of the Board. B. The Parks and Recreation Board shall serve as the Tree Board for the Town with those Duties and Responsibilities set forth in Article 8, "Tree Preservation and Removal" of Chapter 12, "Subdivision Rules and Regulations" of the Code of Ordinances of the Town, as amended. SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances, whether codified or uncodified, except for those instances where there are direct conflicts with the provisions of this Ordinance. 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. ORD 2011-06 Page 4 of 5 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 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 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 in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 6. 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 of Trophy Club, Texas this the 21 sl day of March, 2011 APPROVED TO AS FORM: ctdtAA~) Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORO 2011-06 Connie White, Mayor Town of Trophy Club, Texas [SEAL] Page 5 of 5