14-65 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-65
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING EXISTING SECTION 1.09.082, "NUMBER OF
MEMBERS," SECTION 1.09.085, "CHAIR/VICE-CHAIR/SECRETARY/
QUORUM," AND SECTION 1.09.088, "POWER AND AUTHORITY," OF
DIVISION 3, "PARKS AND RECREATION BOARD," OF ARTICLE 1.09,
"PARKS AND RECREATION," OF CHAPTER 1, "GENERAL PROVISIONS,"
OF THE TOWN'S CODE OF ORDINANCES AND REPLACING SAID
SECTIONS WITH A NEW SECTION 1.09.082, "NUMBER OF MEMBERS,"
SECTION 1.09.085, "CHAIR/VICE-CHAIR/QUORUM," AND SECTION
1.09.088, "POWERS AND AUTHORITY," REGARDING RESIDENCY
REQUIREMENTS FOR MEMBERS OF THE PARKS AND RECREATION
BOARD, THE APPOINTMENT OF THE CHAIR AND VICE-CHAIR OF THE
PARKS AND RECREATION BOARD, AND THE POWER AND DUTIES OF
THE PARKS AND RECREATION BOARD, RESPECTIVELY; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABLITY CLAUSES; AND PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"),
previously has provided for the creation of the Parks and Recreation Board ("Board"),
requirements for membership on the Board, the appointment of officers of the Board, and the
duties of the Board; and
WHEREAS, consistent with other Town policies and practices, it has been determined
by the Town Council that Town board and commission members should either live in the Town,
or within the extraterritorial jurisdiction of the Town; and
WHEREAS, the Town Council also has determined that the role and function of the
Board Secretary can be effectively accomplished by the Chair and/or Vice-Chair of the Board;
and
WHEREAS, the Town Council additionally has determined that the appointment of the
Board Chair and Vice-Chair should be determined by a majority vote of the Board; and
WHEREAS, the Town Council further has determined that the Board's powers and
authority should be clarified to be consistent with the actual powers and authority presently
exercised by the Board.
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 1.09.082, "Number
of Members," Section 1.09.085, "Chair/Vice-Chair/Secretary," and Section 1.09.088, "Powers
and Authority," of Division 3, "Parks and Recreation Board," of Article 1.09, "Parks and
Recreation," of Chapter 1, "General Provisions," of the Town's Code of Ordinances and are
hereby repealed in their entirety and replaced with a new Section 1.09.082, "Number of
Members" and a new Section 1.09.085, "Chair/Vice-Chair/Quorum," to read as follows:
"Sec. 1.09.082 Number of Members
(a) The Parks and Recreation Board shall be composed of seven (7) members appointed by
the Town Council. Members of the Parks and Recreation Board shall be a resident of the Town
or reside within the Town's extraterritorial jurisdiction.
(b) The members shall serve at the pleasure of the Town Council and may be removed at
the discretion of the Town Council.
Sec. 1.09.085 Chair/Vice-Chair/Quorum
The Parks and Recreation Board shall have a Chair and Vice-Chair whose terms shall be one
(1) year. At the first scheduled meeting of the Board in October of each year, or as soon as
practicable, the first item of business shall be the selection of the Board's Chair and Vice-Chair.
The Chair and Vice-Chair shall be appointed by a majority vote of the Board. Four (4) members
of the parks and recreation board shall constitute a quorum for transaction of business.
(1) The Chair shall preside over meetings and shall be entitled to vote upon each
issue.
(2) The Vice-Chair shall assist the Chair in directing the affairs of the Parks and
Recreation Board. In the absence of the Chair, the Vice-Chair shall assume all
duties of the Chair.
(3) The Director of Parks and Recreation, if appointed, shall be an ex-officio member
of the Parks and Recreation Board, with the responsibility to participate in
discussions but without the right to vote.
Sec. 1.09.088 Powers and Authority
The Board shall have the following powers and perform the following duties:
(1) Provide advice and counsel to the Parks and Recreation Department, the
Executive Director of Development and Community Services, the Town Manager,
and the Town Council, as requested, in matters relating to the Town's parks and
the recreation services provided by the Town.
(2) Study the need for, and encourage the development of, adequate parks and
recreation facilities.
(3) Recommend policies for parks and recreational services provided by the Town,
subject to approval by the Town Council.
Ordinance No.14-65,Page 2
(4) Recommend to the Town Council suggested programs for the development of
park and recreational facilities and recommended financial support for those
facilities.
(5) Make any recommendations to the Town Council regarding parks and recreation
matters that it deems advisable.
(6) Assist in strategic planning.
(7) Encourage the development and advancement of the Town's parks and
recreational services."
SECTION 3
Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided
that any and all remaining portions of this Ordinance shall remain in full force and effect. 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 or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full
force and effect.
SECTION 5
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 23rd DAY OF SEPTEMBER, 2014.
Ray Smit�, Mayor
ATTEST:
Robyn Battle/Town Secretary
Ordinance No.14-65,Page 3
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No.14-65,Page 4