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ORD 2012-12TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2012-12 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 REPEALING SECTION 8.12 ENTITLED "PARKS AND RECREATION" IN ITS ENTIRETY AND ADOPTING A NEW SECTION 8.12 ENTITLED "PARKS AND RECREATION" IN ORDER TO ADD FEES FOR NEW AMENITIES AND TO ADD BUSINESS GROUP RATES FOR USE OF POOL AMENITIES; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; 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 WHEREAS, the Town has constructed new athletic amenities for use, and has determined that based upon the costs of providing those amenities, and in some cases, based upon amounts charged the Town by third parties, it is necessary to add new usage fees to the Schedule of Fees; and WHEREAS, based upon requests for usage of pool amenities by both local and non-local business groups, the Town has determined it appropriate to add a group rate for use of Town pool amenities by business groups in order to defray operating costs; 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 proposed cost adjustments, the Town Council finds that the proposed fee adjustments are reasonable and necessary to pay the administrative costs associated with providing services to the public; and 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of the Code of Ordinances of the Town of Trophy Club, Texas, Section 8.12, entitled "Parks & Recreation", is hereby repealed in its entirety and a new Section 8.12 entitled "Parks & Recreation" is hereby adopted and shall be and read in its entirety as follows: "Section 8.12. Parks & Recreation All fees are to be paid at the time of reservation and are based on availability. Rates shown are for each reservation and are based on a two (2) hour minimum rental period, unless otherwise specified. Additional rental hours will be charged at one-half (1/2) of the 2 or 4 hour rate fee set forth below. 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 Resident 1. Harmony Soccer Field -Lighted $50.00 2. Harmony Soccer Field -Unlighted $30.00 3. Independence Baseball Field #1 -#4-$50.00 Lighted 4. Independence Baseball Field #1 -#4-$30.00 Unlighted 5. Independence Multi-Use Field #1 $30.00 6. Independence Multi-Use Field #2 -$50.00 Lighted 7. Independence Multi-Use Field #2-$30.00 Unlighted 8. Pavilion Rental (Harmony Park) $50.00 for a 4 hour period B. Trophy Club Park 1. Vehicle Entry $1.00 2. A TV/Motorcycle $12.00 3. Boat Entry $5.00 C. Community Pool Fees Pool rental fees listed below are for a minimum two (2) hour period. Resident Rates* Daily Rate Off Season Daily Rate** ORD 2012-12 Non-Resident $80.00 $60.00 $80.00 $60.00 $60.00 $80.00 $60.00 $100.00 for a 4 hour period $3.00 $2.00 Page 2 of 5 Individual Season Pass Family Pass (Up to 4 Members) Additional Family Members Resident Guest Pass (Unassigned Pass valid for entire season) Non-Resident Rates* Daily Rate Off Season Daily Rate** Individual Season Pass Family Season Pass (Up to 4 Members) Additional Family Member $25.00 $50.00 $10.00/Member $20.00/Pass $5.00 $3.00 $50.00 $100.00 $20.00 Local Business Group Rate*** -$3.00 per user with a minimum of 8 Bathers. Non-Local Business Group Rate*** -$4.00 per user with a minimum of 8 Bathers. -$3.00 per Bather for groups of 20 or more Bathers. *Children under 35 inches admitted free of charge. ** "Off Season" means the period outside of the normal operating season of the Pool. *** In order to receive the Group Rate, group shall schedule date and time of use with Parks and Recreation Department. Pool Rental Rates Small Pool Rental Bathers 01-50 $150.00 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 Bathers 51-80 $250.00 Bathers 81 Plus $300.00 Spray Pad Rental $225.00 Pavilion Reservation $100.00 Community Pool Complex Rental $500.00 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. ORD 2012-12 Page 3 of 5 Additional rental hours will be charged at one-half (1/2) of the 2 hour rate fee set forth above. 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 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. 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. ORD 2012-12 Page 4 of 5 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 the 21 st day of May, 2012. [SEAL] ATTEST: APPROVED TO AS FORM: ~W(~ Patricia A. Adams , Town Attorney Town of Trophy Club, Texas ORO 2012-12 Page 5 of 5