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07-040 - O TOWN OF PROSPER,TEXAS ORDINANCE NO.07-040 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS; AMENDING SECTION 4(F) 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 Section 4(F) (Parks & Recreation Board, Meetings) the Town of Prosper, Texas ("Prosper")Comprehensive Parks Ordinance No. 05-87 should be amended; and WHEREAS, the Prosper Parks & Recreation Board has reviewed the proposed ordinance and recommends adoption of the same by the Town Council; 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 Prosper's Comprehensive Parks 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 Prosper's Comprehensive Parks Ordinance No. 05-87. Section 4(F) (Parks & Recreation Board, Meetings) of Prosper's Comprehensive Parks Ordinance No. 05-87 is hereby amended to read as follows: F. Meetings. The Parks & Recreation Board shall approve an annual meeting calendar every year in November to schedule their regular meetings for the following year. The approved calendar shall be posted on the Town's website. The Parks & Recreation Board, Town Council, or the Parks & Recreation Director may schedule meetings as they deem necessary and appropriate. 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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, 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 8th day of.May, 2007. Charfig les Ni5woroler,Mayor ®® �► ° '10 OF Pfir).#67 ATTESTED TO AND �� �m ®°°pO,°o°°o pos° '� CORRECTLY RECORDED BY: ® /�®� : � ® 0 8 ° atthew Denton,Town Secretary ' ®® ©' �yfn M DATE OF PUBLICATION: /�//�`7 /70 a 007 , Dallas Morning News—Collin County Edition c. AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County, this day personally appeared Lynda Black, Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: Town of Prosper as published in The Dallas Morning News—Collin County Edition • TOWN OF PROSPER, TEXAS ORDINANCE May 17, 2007 N0. 07-040 THE TOWN COUNCIIL' ?OF THE TOWN O'F tP(R�/1 EROSP EcXrAON' 4(F) OF THE AMP HENSIVE PARKS+ORDI- NANCE NO .05i1ThI6PRO- VIDING FORfAvRENAL TY FOR':T-H',EDVNOLA-' TION OF4T0H,IAIGRDI- I (/( NANCE;_ OV;IDNG FOR REPEALING, ING, SAV- INGS AND ES; R OVID (Lynda Black) INGCFOR AN EFOFEICD- tTIVE DATE 'OF THIS ORDINANCE;AND PRO- LICCATION OF THE CAP- TION HEREOF. . Sworn to and subscribed before me this May 17, 2007, A.D N �(E/V �,, (Lis Battenfi d) • r\BY�P✓6,F. . i sT'14OF S `�