14-66 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 14-66
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 3.02.010, "OFFICERS," OF ARTICLE 3.02,
"CONSTRUCTION BOARD OF APPEALS," OF CHAPTER 3, "BUILDING
REGULATIONS," OF THE TOWN'S CODE OF ORDINANCES REGARDING
THE COMPOSITION OF THE BOARD AND THE APPOINTMENT OF THE
CHAIR AND VICE-CHAIR OF THE CONSTRUCTION BOARD OF APPEALS;
PROVIDING FOR THE DESIGNATION OF OFFICERS; 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"), adopted
Ordinance No. 05-39 on or about June 14, 2005, which Ordinance provided, in part, for the
composition of Board members and the appointment of a Chair and Vice-Chair of the
Construction Board of Appeals ("Board"); and
WHEREAS, the Town Council 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 also has determined that the appointment of the Board
Chair and Vice-Chair should be determined by a majority vote of 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, Section 3.02.010, "Officers," of
Article 3.02, "Construction Board of Appeals," of Chapter 3, "Building Regulations," of the
Town's Code of Ordinances is hereby amended to read as follows:
"Sec. 3.02.010 Officers
The Board shall have a Chair and a Vice-Chair whose terms shall be one (1) year. The Chair
and Vice-Chair shall be selected by a majority vote of the Construction Board of Appeals. The
Chair shall preside over meetings and shall be entitled to vote upon each issue. The Vice-Chair
shall assist the Chair in directing the affairs of the Board. In the absence of the Chair, the Vice-
Chair shall assume the duties of the Chair. The Chair and/or Vice-Chair shall keep the Minutes
of all meetings and may accept the assistance of Town personnel in taking and transcribing
minutes."
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 Smith, Mayor u
ATTES
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Robyn Brie, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Wel6h, Town Attorney
Ordinance No.14-66,Page 2