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14-63 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-63 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REPEALING EXISTING SUBSECTION (A) OF SECTION XIII, "PARKS AND RECREATION USER FEES," OF APPENDIX A TO THE TOWN'S CODE OF ORDINANCES AND REPLACING THEM WITH A NEW SUBSECTION (A) RELATIVE TO ATHLETIC FIELD USER FEES; 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 field user fees should be amended; and WHEREAS, the Prosper Parks & Recreation Board has reviewed the proposed field user fees and has recommended 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 the field user fees, 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, existing subsection (a) of Section XIII, "Parks and Recreation User Fees," of Appendix A to the Town's Code of Ordinances are hereby repealed and replaced with a new subsection (a), to read as follows: "Sec. XIII Parks & Recreation User Fees (a) Field User Fees. Prosper Youth Sport Commission leagues (co-sponsored leagues) —A ten dollar ($10) fee per player per season shall be assessed for all co-sponsored league participants who reside within league boundaries. A thirty dollar ($30) fee per player per season shall be assessed for all participants who reside outside league boundaries. Fees shall be paid in full prior to the use of any Town athletic field. The number of scheduled practices and games will be assigned based on the facility use agreement with the Town. For purposes of this Section, prior to the start of each season, each league subject to the Prosper Youth Sports Commission shall determine and define its boundaries. A thirty dollar ($30) per hour athletic field use fee with an additional fifteen dollar ($15) 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 Town of Prosper resident participants. A forty-five dollar ($45) per hour athletic field use fee with an additional fifteen dollar ($15) per hour fee for use 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 October 1, 2014, 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 23rd DAY OF SEPTEMBER, 2014. APPROVED: 0 Ray Smith, Mayor i ATTEST: Robyn Bat e, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No.14-63,Page 2