02-07 - O05116 02002
TOWN OF PROSPER, TEXAS
ORDINANCE NO. 02-07
AN ORDINANCE ESTABLISHING THE PARKS AND RECREATION
BOARD OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR THE
APPOINTMENT OF ITS MEMBERS AND THE METHOD OF FILLING
VACANCIES; PROVIDING FOR THE ADOPTION OF THE RULES AND
REGULATIONS; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABIL,ITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE.
WHEREAS, the Town Council ("Town Council") of the Town of Prosper, Texas
("Prosper") has investigated and determined that it will be advantageous and beneficial to
Prosper and its inhabitants to establish a parks and recreation board as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION l: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Definitions. For the purpose of this Ordinance, the following terms,
phrases, words, and their derivation shall have the meaning given herein:
Prosper when used herein shall mean the Town of Prosper, Texas.
Director when used herein shall mean a person so designated and in charge of the Park
and Recreational Department.
Park when used herein shall mean a park, reservation, playground, recreation center or
any other area in Prosper owned or used by Prosper, and devoted to active or passive
recreation, including all planted expressways, parkways, triangles and traffic circles
maintained by Prosper, except the parkway strips between curb and sidewalks along the
several streets and highways of Prosper.
Person when used herein shall mean any person, firm, partnership, corporation,
association, company or organization of any kind.
Vehicle when used herein shall mean every device in, or by which any person or property
is or may be transported or drawn upon a public highway, street, road or thoroughfare,
except devices moved only by human power or used exclusively upon stationary rails or
tracks.
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SECTION 3: Establishment of Parks and Recreation Board. There is hereby created and
established within Prosper a Parks and Recreation Board which shall be subject to the
jurisdiction of the Town Council of Prosper and shall constitute an advisory board to the Town
Council.
SECTION 4: Number of Members. The Parks and Recreation Board shall be
composed of seven (7) members appointed by the Town Council. Each member of the Parks and
Recreation Board shall be a resident of Prosper; provided, however, two (2) of the seven (7)
members are not required to be a resident of Prosper, but must: (i) be an owner of a business
located within Prosper's town limits; or (ii) reside within Prosper's extraterritorial jurisdiction.
The members shall serve at the pleasure of the Town Council and may be removed at the
discretion of the Town Council.
SECTION 5: Term of Office. The term of office of each member shall be two (2}years;
provided, however, at the time of appointment of the initial members of the Parks and Recreation
Board, the Town Council shall draw by lot to determine four (4) members who shall serve a one
(1) year term and three (3) members who shall serve a two (2) year term. The following year,
the Town Council shall appoint four (4) persons to serve a two (2) year term each.
No member shall serve longer than two (2) consecutive two-year terms.
SECTION 6: Vacancies. When vacancies occur on the Parks and Recreation Board, the
Town Council shall appoint, by majority vote, a replacement to serve the remainder of that term.
SECTION 7: Chair/Vice Chair/Secretary/Quorum. The Parks and Recreation Board
shall have a Chair, Vice -Chair and Secretary whose terms shall be one (1) year. The Chair and
Vice -Chair shall be appointed by the Town Council and the Secretary shalt be appointed by a
majority vote of the Parks and Recreation Board. Five (5) members of the Parks and Recreation
Board shall constitute a quorum for transaction of business.
The Chairman shall preside over meetings and shall be entitled to vote upon each issue.
The Vice -Chair shall assist the Chairman 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.
The Secretary shall keep the minutes of all meetings and in the Secretary's absence, the
Chair shall designate another member to act as Secretary. The Secretary shall submit a written
report of all proceedings of the Parks and Recreation Board to the Town Council no more than
three (3) weeks following each meeting. The Secretary shall read, once a year at the first regular
meeting following the appointment of officers, the Parks and Recreation Ordinance. The
Secretary may accept the assistance of Prosper personnel in taking and transcribing minutes,
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when available, but shall sign same officially before presenting same to the Parks and Recreation
Board for approval.
The Director of Parks and Recreation, if appointed, shall be an ex ofcio member of the
Parks and Recreation Board, with the responsibility to participate in discussions but without the
right to vote.
SECTION 8: Meetings. The Parks and Recreation Board shall have its regular meeting
on the third Thursday of each month and at such other times as the Parks and Recreation Board
and/or Town Council deem necessary and appropriate.
SECTION 9: Removal From Office/Absences. The members shall serve at the pleasure
of the Town Council and may be removed at the discretion of the Town Council. In addition,
any member of the Parks and Recreation Board shall be removed for twice failing to attend a
regularly scheduled Parks and Recreation Board meeting without good cause during any one (1)
year during his/her term. For purposes of this attendance policy, a year shall begin on the date of
appointment to the Parks and Recreation Board.
A member's failure to attend a meeting may be excused for good cause upon his/her
application for excused absence to the Town Council of Prosper and the approval by the Town
Council by majority vote of the members present and voting.
SECTION 10: Powers and Authority. The Parks and Recreation Board shall have the
following powers and perform the following duties:
A. The Parks and Recreation Board shall act principally in an advisory capacity to
the staff of Prosper and the Town Council in all matters pertaining to Parks and Recreation, shall
acquaint itself with and make a continuous study and review of the complete Parks and
Recreation services of Prosper and shall advise with the staff and Town Council from time to
time as to the present and future maintenance, operation, planning, acquisition, development,
enlargement and use policies of Prosper's Park and Recreation services.
B. The Parks and Recreation Board shall study and encourage the development of
Parks and Recreation areas and study and encourage the development of wholesome recreation
for all residents of Prosper.
C. The Parks and Recreation Board shall advise with the Parks and Recreation
Director, if applicable, on problems or development of areas, facilities, programs and improved
recreation services.
D. The Parks and Recreation Board shall recommend the adoption of standards on
areas, facilities, programs and financial support.
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E. The members of the Parks and Recreation Board shall study and review the
master planning guide for parks and recreation and become familiar with such plan and its
relation to existing and proposed facilities and shall become aware of any revision or updating
thereof.
F. The Parks and Recreation Board shall advise and recommend to the Town
Council on the development of long-range capital improvement programs and, when in its
opinion the need exists for additional park and recreational facilities, grounds, or premises, it
shall make appropriate recommendations to the Town Council. It shall also recommend the
acquisition of additional parks, park and recreational equipment and supplies.
G. The Parks and Recreation Board shall develop for Town Council's review the
rules and regulations as may be prescribed by the Town Council for the conduct of its business.
H. The Parks and Recreation Board shall develop for Town Council's review rules
and regulations and policies governing the use of park and recreational facilities.
I. The Parks and Recreation Board shall make any other recommendations to the
Town Council regarding park and recreational matters that it considers advisable.
J. The Parks and Recreation Board may solicit for Prosper gifts, revenues, bequests
or endowments of money or property as donation or grants for persons, firms or corporations,
subject to the guidance, approval and acceptance by the Town Council.
K. The Parks and Recreation Board may, from time to time, recommend to the Town
Council amendments or changes to this Ordinance.
L. The Parks and Recreation Board, through its Chairman, shall make both an oral -
and written report annually to the Town Council concerning its activities during the past year and::
its proposals for the coming year.
M. The Parks and Recreation Board's authority shall not extend to the direction,
supervision, employment or termination of employees of the Parks and Recreation Department,
if applicable. No supervisory power of the Board is created.
N. The Parks and Recreation Board shall develop written policies and procedures for
the Parks and Recreation Director, if applicable, to follow in the conduct of all recreational
activities. All policies and procedures shall be approved by the Town Council.
O. The Parks and Recreation Board will review the proposed budget for the Parks
and Recreation Department and make any recommendations to the Town Council it deems
necessary. However, the Parks and Recreation Board is not authorized to add, delete or change
in any way the budget as prepared by the Parks and Recreation staff and/or Town staff.
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P. The Parks and Recreation Board will develop for Town Council approval a set of
by-laws governing rules of procedures for their meetings and operation.
Q. The Parks and Recreation Board shall not have the power to obligate Prosper for
any funds or expenditures or incur any debt on behalf of Prosper.
R. All powers and duties prescribed and delegated herein are delegated to the Board
as a unit and all action hereunder shall be of the Parks and Recreation Board acting as a whole.
No action of an individual member is authorized except through the Parks and Recreation Board
or Town Council.
SECTION 11: Savings/RepealingClause. 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 portions of said ordinances shall remain in full force and effect.
SECTION 12: Severability. 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. 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 or invalid.
SECTION 13: Effective Date. This Ordinance shall be effective upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 12th day of February, 2002.
AMES DUNMIRE, Mayor
ATTESTED AND CORRECTLY
REC RDED:
ER PHILLIPS,
Town Secretary
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Recreation Board.doc
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Filed for Record in:
Collin County, McKinney TX
Honorable Helen Starnes
Collin County Clerk.
On Feb 26 2002
At 11:42am
Doc/Num : 2002- 0030307
Recording/Type:OR 19.00
Receipt #: 7614
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF COLLIN
Before me, this undersigned authority, on this day personally appeared Jim Moser who
being by me duly sworn, deposes and says that he is the Publisher of The McKinney
Courier -Gazette and that said newspaper meets the requirements of Section 201.004,
201.005 and 201.006 of the Texas Government Code, to wit:
1. It devotes not less than twenty-five percent (25%) of its total �
column lineage to general interest items; Printer's Fee $ 0-
No f 4 L—O7
2. it is published at least once each week;Z
3. it is entered as second-class postal matter in the county
where it is published;
4. it has been published regularly and continuously since 1897; and
5. it is generally circulated within Collin County.
Publisher further deposes and says that the attached notice was published in said
newspaper on the following date(s) to wit;
General Manager
SUBSCRIBED AND SWORN BEFORE ME by Jim Moser who
Via) is personally know to me, or
b) provided the following evidence to establish
his.her identity,
on this the day of , A.D. 2
to certify which witness my hand and seal of office.
01
tPPY! PVeI LAVERNE CRAVES Notary Public, State of Texas
Notary Public
'. 1a STATE OF TEXAS
(S "�' My Comm. E-o. 051'^f2005
uiasst.iieas A
Legal Notices
To be published in the
McKinney Courier -Gazette on
Wednesday, February 27,
2002
LEGAL NOTICE
Legal Notices Personal Special Notices
To be published in the T\SE
McKinney Courier -Gazette on �,J
Wednesday, February 27.
2002
AD NTLEGAL NOTICE STANT?
TOWN OF PROSPER, TEXAS TOWN OF PROSPER, TEXAS
ORDINANCE NO.02-04 ORDINANCE NO.02-08
An ordinance Regulating and
defining itinerant merchants,
itinerant vendors, solicitors
and person selling or taking
order for goods, wares,
merchandise, services,
photographs, Newspapers,
Magazines or Subscriptions to
Newspapers or Magazines;
providing for a permit or
certificate of , registration and
applicable fees; providing
exceptions thereto; providing
penalties for the violation of
this ordinance; providing for
repealing, savings and
severability clauses; providing
for an effective date of this
ordinance; and providing for
the publication of the caption
hereof.
An ordinance of the Town of
Prosper, Texas, establis a
time limit for persons s ki
on items before the Tow
Council and/or Planni and
Zoning Commission f the
Town of Prosper, Texas:
Providing for repealing,
savings and severabildt
clauses; and providing for an
effective date of this
Ordinance.
To be published in the
McKinney Courier -Gazette on
Wednesday, February 27,
2002.
LEGAL NOTICE
NOTICE TO CREDITORS
To be published in the Notice is hereby given that
McKinney Courier -Gazette on original Letters Testamentary
Wednesday, February 27. for the Estate of Aivise Anton
2002
Alois Turek, Deceased, were
issued on February 6, 2002, in
LEGAL NOTICE
Docket No. PB001-54-02,
pending in County Court at
TOWN OF PROSPER, TEXAS
Law No. 1 of Collin County,
ORDINANCE NO. 01.35
Texas, to John Turek.
The residence of the executor
An Ordinance of the Town of
is Dallas County, Texas. The
Prosper, Texas. Providing for
post office address of the
the exemption of Taxation of
executor is
Travel Trailers; providing for
c/o Mr. William Bennett Cullum
repealing, savings and
Cullum Law Firm, P.C.
severability clauses; and
8333 Douglas Avenue
providing for an effective date
Suite 1400
of this Ordinance.
Dallas, Texas 75225-5821
All persons having claims
!To be published in the
gainst this Estate which is
McKinney Courier -Gazette on
rrently being administered
Wednesday, February 27,
a required to present them
2002
within the time and in the
manner prescribed by law.
LEGAL NOTICE
DATED the 25th day of
February, 2002.
TOWN OF PROSPER, TEXAS
By: William Bennett Cullum
ORDINANCE NO.02-07
Attorney for the Estate
An ordinance establishing the
Parks and Recreation Board
of The Town of Prosper, Texas;
providing for the appointment
of its members and the
method of filling vacancies;
providing for repealing,
savings and severability
clauses; and providing for ail
effective date of tMs
ordinance.
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