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ORD 2013-26TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-26 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 8.12 ENTITLED "PARKS AND RECREATION", SUBSECTION "B" ENTITLED "TROPHY CLUB PARK" AND SUBSECTION "C" ENTITLED "COMMUNITY POOL FEES"; 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 reviewed maintenance costs associated with park and pool amenities and has determined that based upon the costs of providing those amenities it is necessary to increase some usage fees with the existing Schedule of Fees; 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", Subsection "B" entitled "Trophy Club Park", is hereby amended so that it shall be and read in its entirety as follows: Section 8.12 Parks & Recreation B. Trophy Club Park Entry Rates 1. Vehicular Entry 2. ATV/Motorcycle 3. Boat Entry 4. Resident Vehicular Annual Pass 5. Non-Resident Vehicular Annual Pass 6. Large Pavilion Rental (4 hrs) $1 .00 $12 .00 $5 .00 $10 .00 $25 .00 $50.00 2.02 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 ", Subsection "B" entitled "Community Pool Fees, is hereby amended so that it shall be and read in its entirety as follows: Section 8.12. Parks & Recreation C. Community Pool Fees Pool rental fees listed below are for a minimum of (2) hour period. Resident Rates* 1. Daily Rate 2. Individual Season Pass 3. Family Pass (Up to 5 Members) 4. Additional Family Members 5. Resident Guest Pass (Unassigned Pass valid for entire season) Non-Resident Rates* 1. Daily Rate 2 . Individual Season Pass 3. Family Season Pass (Up to 5 Members) 4. Additional Family Member Local Business Group Rate** Non-Local Business Group Rate** $4 .00 $25 .00 $75.00 $10.00/Member $20.00/Pass $6 .00 $50 .00 $150.00 $20.00 $3.00 per user with a minimum of 8 Bathers. $4.00 per user with a minimum of 8 Bathers. $3.00 per Bather for 20 or more Bathers. *Children under 35 inches admitted free of charge. ** In order to receive the Group Rate, group shall schedule date and time of use with Parks and Recreation Department. Pool Rental Rates The minimum rental time allowed is two (2) hours. Residential Rental Rate 1. Large Pool Rental $300.00 2. Spray Pad Rental (Fri pm & Sat-Sun) $300.00 3. Spray Pad Rental (Mon-Fri am) $225.00 4. Pavilion Reservation $100.00 5. Community Pool Complex Rental $700.00 Non-Resident Rental Rates: 1. Large Pool Rental $330.00 2. Spray Pad Rental (Fri pm & Sat-Sun) $330.00 3. Spray Pad Rental (Mon-Fri am) $225.00 4. Pavilion Reservation $100.00 5. Community Pool Complex Rental $770.00 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. 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 the 3rd day of September, 2013. Connie White, Mayor Town of Trophy Club, Texas [SEAL] Amy Piukana, ecretary Town of Trophy Club, Texas APPROVED TO AS FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas