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17-82 O - Amend Appendix A of Code of Ordinances, Parks and Recreation User FeesTOWN OF PROSPER, TEXAS ORDINANCE NO. 17-82 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SUBSECTION (a)(2) OF SECTION XIII, "PARKS AND RECREATION USER FEES," OF APPENDIX A TO THE TOWN'S CODE OF ORDINANCES BY PROVIDING FOR ADDITIONAL FIELD USE FEES FOR SYNTHETIC TURF FIELDS AND AMENDING FIELD USE FEES FOR NON - SYNTHETIC TURF FIELDS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has investigated and determined that the fees for Parks and Recreation users should be amended to address user fees for non -synthetic turf fields and synthetic turf fields, as referenced in Section XIII of Appendix A to the Town's Code of Ordinances; and WHEREAS, the Prosper Parks & Recreation Board has reviewed the proposed fees and recommends adoption of the same by the Town Council; and WHEREAS, the Town Council hereby finds and determines that it will be advantageous, beneficial and in the best interests of the citizens of Prosper to amend Appendix A to the Town's Code of Ordinances as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Subsection (a)(2) of Section XIII, "Parks and Recreation User Fees," of Appendix A to the Town's Code of Ordinances is hereby amended to read as follows: "Sec. XIII Parks & Recreation User Fees (a) Field user fees. (2) A thirty-five dollar ($35.00) per hour field use fee (for non -synthetic turf fields) and a seventy dollar ($70.00) per hour field use fee (for synthetic turf fields) with an additional twenty dollar ($20.00) fee per hour for use of the field lights shall be required for non -co-sponsored resident teams comprised of eighty percent (80%) or more resident participants. A forty-five dollar ($45.00) per hour athletic field use fee (for non -synthetic turf fields, with synthetic turf fields not subject to rental) with an additional twenty dollar ($20.00) fee per hour of the field lights shall be required for all other use." SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5 This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 14th DAY OF NOVEMBER, 2017. !�`tC► OF..PR()fr' APPROVED: �• /4�J, i s �. %* e 7f w Ray Smithi Mayor ATTEST: own Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No, 17-82, Page 2