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18-58 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 18-58 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 1.09.002, "PARK NAMES," OF ARTICLE 1.09, "PARKS AND RECREATION," OF CHAPTER 1, "GENERAL PROVISIONS," OF THE TOWN'S CODE OF ORDINANCES BY PROVIDING FOR THE NAMING OR RENAMING OF PARKS IN CONJUNCTION WITH SPONSORSHIP AGREEMENTS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has investigated and determined that in certain instances, it may be appropriate to name or rename parks in conjunction with a sponsorship agreement; and WHEREAS, as a consequence, the Town Council has determined that the applicable Town ordinance should be amended to reflect such sponsorship agreements; 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 provide for such sponsorship agreements. 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, existing Section 1.09.002, "Park names," of Article 1.09, "Parks and Recreation," of Chapter 1, "General Provisions," of the Town's Code of Ordinances is hereby amended to read as follows: "Sec. 1.09.002 Park names It is appropriate to name or rename certain town parks in honor and recognition of several outstanding individuals who served the community well, and it is further appropriate to name other town parks with a geographical name. Park names should be familiar to the majority of citizens, easy to recall, unique and lasting. It may also be appropriate to name or rename Town parks after a business entity for a specified period of time in conjunction with a sponsorship agreement. Parks shall be named: (1) By outstanding and/or predominant physical characteristics of the land such as, among other characteristics: (A) Streams, rivers, lakes and creeks; (B) Landmark significance; Ordinance No. 18-58, Page 1 (C) Historic significance; and/or (D) Street name identity. (2) If a name is applied to park facilities such as recreational buildings, swimming pools, sports fields or play structures, those shall be named either: (A) By identification with the park in which it lies; (B) In honor of an individual or group when total contributions of fifty percent (50%) or more of the total cost of acquisition (excluding required park dedication) and development of facilities are donated to the town; (C) When considering the naming of a park or park facilities in honor of a person, the person should have made a major contribution to the town and/or the parks and recreation system, or the person should be known for some other significant accomplishment; or (D) In recognition of a business entity for a specified period of time in conjunction with a sponsorship agreement." SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but 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. The Town 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, 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 24TH DAY OF JULY, 2018. APPROVED: Ray Smith Mayor Ordinance No. 18-58, Page 2 ATTEST: Robyn Bati e, Town Secretary APPROVED AS TO FORM AND Terrence S. Welch, Town Attorney Ordinance No. 18-58, Page 3