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08-004 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 08-004 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS; AMENDING SECTION 4 (E) OF THE COMPREHENSIVE PARKS ORDINANCE NO. 05-87; PROVIDING FOR A PENALTY 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. WHEREAS,the Town Council of the Town of Prosper,Texas("Town Council")has investigated and determined that Ordinance No. 05-87 the Town of Prosper, Texas ("Prosper") should be amended; and WHEREAS,the Town Council found and determined that it will be advantageous,beneficial and in the best interest of the citizens of Prosper to amend Ordinance No. 05-87 as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,TEXAS: SECTION 1: Findings. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 05-87. Section 4 (E) is hereby amended to read as follows: E. Chair/Vice Chair/Secretary/Quorum. The Parks&Recreation Board shall have a Chair,Vice-Chair and Secretary whose terms shall be one(1)year. The Chair,Vice-Chair, and Secretary shall be appointed by a majority vote of the Parks&Recreation Board. Four(4)members of the Parks&Recreation Board shall constitute a quorum for transaction of business.) SECTION 3: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance.are hereby repealed to the extent they are in)conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring priorto the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. 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, II irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5: Penalty Provision. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor,and upon conviction thereof shall be subject to a fine not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00), unless the violation relates to fire safety, zoning or public health and sanitation, including dumping and refuse, in which the fine shall not exceed the sum of TWO THOUSAND DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date. This Ordinance shall become effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 8`1'DAY OF JANUARY,2008. arles swanger,Mayo ATTESTED TO AND CO '.'.= COL. D BY: Ai AI ®®®p109�@9B®®/®0 Z// 400P,- • qz„,, %.,„ ea., tthew Denton, cr. o o own Secretary o o a 1 ' * ° o ® ® °e °O? ®©o®B I E X S®®t©%ce