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07-004 - O TOWN OF PROSPER, TEXAS ORDINANCENO.07-04 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 02-08, SECTION 2 (TIME LIMIT/TOWN SECRETARY NOTIFICATION/WAIVER)ESTABLISHING A TIME LIMIT FOR PERSONS SPEAKING ON ITEMS BEFORE THE TOWN COUNCIL AND/OR PLANNING AND ZONING COMMISSION OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS,the Town Council of the Town of Prosper,Texas, (the"Town Council")finds that it will be advantageous,beneficial and in the best interest of the citizens of the Town of Prosper, Texas ("Prosper") to amend Ordinance No. 02-08, Section 2 (Time Limit/Town Secretary Notification/Waiver) establishing a time limit for persons speaking on items before the Town Council and/or Planning and Zoning Commission as set forth below. NOW,THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. 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. 02-08, Section 2 (Time Limit/Town Secretary Notification/Waiver). Ordinance No. 02-08, Section 2 (Time Limit/Town Secretary Notification/Waiver) is hereby amended to read as follows: "SECTION 2: Time Limit/Town Secretary Notification/Waiver. Persons, other than Prosper Town Staff, wishing to speak before the Town Council and/or Planning and Zoning Commission on any item set forth on the agenda shall be limited to three (3) minutes per person per item on the agenda, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. Persons, other than Prosper Town Staff, requesting more time (eg. greater than the possible maximum five (5)minutes set forth above)to speak on a specific agenda item must present their request,in writing,to the Prosper Town Secretary by 4:00 p.m. on the Monday immediately preceding the Town Council or Planning and Zoning Commission meeting at which the agenda item is scheduled to be considered, discussed and/or acted upon. The Town Council and/or Planning and Zoning Commission may,in its sole discretion and by majority vote, waive the above-referenced time limit restriction and/or notification requirement for any person, but in no event shall the total speaking time exceed fifteen(15) minutes." SECTION 3: Saving/Repealing Clause. Ordinance No. 02-08 shall remain in full force and effect, save and except as amended by this or any other ordinance. 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 4: Severability. Should any section, subsection, clause or phrase of this Ordinance be declared unconstitutional or invalid by any court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full for force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clauses and phrases be declared unconstitutional or invalid. SECTION 5:Effective Date. This Ordinance shall be effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 9TH DAY OF JANUARY, 2007. ES SWANGER, ayor ATTESTED AND C '.'0` i L -1/ iRE_fookel ' 0000g00004,0®0 OF Pic? gRe, ! % \®°°ooao°o°O O dye ATTHEW D. DENTON, Town Secretary o©o®B® S