06-103 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 06-103
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
ORDINANCE NO. 06-101, SECTION 3 (NUMBER OF MEMBERS);
PROVIDING FOR THE CREATION OF TWO (2) ADDITIONAL
POSITIONS ON THE PLANNING AND ZONING COMMISSION AND
THE APPOINTMENT OF THE MEMBERS THEREOF; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council ("Town Council") of the Town of Prosper, Texas ("Town") has
investigated and determined that it will be advantageous and beneficial to Prosper and its inhabitants to
amend Ordinance No. 06-101, Section 3 (Number of Members) for the sole purpose of creating two (2)
additional positions on the Planning and Zoning Commission and providing for the appointment of the
members thereof 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 of Ordinance No. 06-101, Section 3 (Number of Members).
Ordinance No. 06-101, Section 3 (Number of Members) is hereby amended to read as follows:
"SECTION 3: Number of Members. The Planning and Zoning
Commission shall be composed of at least seven (7) members appointed
by the Town Council. Each member of the Planning and Zoning
Commission shall be a qualified Town voter."
SECTION 3: Amendment of Ordinance No. 06-101, Section 6 (Chair/Vice
Chair/Secretary/Quorum.) Ordinance No. 06-101, Section 6 (Chair/Vice Chair/Secretary/Quorum) is
hereby amended to read as follows:
"SECTION 6: Chair/Vice Chair/Secretary/Quorum. The Planning and
Zoning Commission shall have a Chair, Vice-Chair, and Secretary whose
terms shall be one (1) year. The Chair, Vice-chair, and Secretary shall be
elected by the Commission from its members. Four (4) members of the
Planning and Zoning Commission shall constitute a quorum for
transaction of business.
SECTION 4: Initial Appointment of Two (2) Additional Members. As set forth in Ordinance
No. 06-101, the term of office of the two (2) new members shall be two (2) years; provided, however, at
the time of the initial appointment of the two (2) new members of the Planning and Zoning Commission,
the Town Council shall draw by lot to determine the member who shall serve a one (1) year term and the
member who shall serve a two (2) year term. The following year, and in addition to any other
appointments required by Ordinance No. 06-101, the Town Council shall appoint a person to serve a two
(2) year term.
SECTION 5: Savings/Repealing Clause. Ordinance No. 06-101 shall remain in full force and
effect 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 6: 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 7: Effective Date. This Ordinance shall become effective immediately upon its
passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 26th day of September 2006.
ATTESTED AND CORRECTLY
RECORD D:
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atthew D. Denton, Town Secretary arl s iswan , ayor
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