11-065 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 11-65
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS;
AMENDING ORDINANCE NO. 11 -52 (COMPREHENSIVE PARKS ORDINANCE); 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. 11 -52 of 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. 11 -52 as set forth below.
TEXAS:
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
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. 11-52. Ordinance No. 11 -52 Section 4 C. is hereby amended to
read as follows:
C. 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 & 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.
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hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any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 on September 13, 2011.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON
THIS 13th DAY OF SEPTEMBER, 2011.
APPROVED AS TO FORM:
Al�-
Ray Smith, If yor
ATTESTED TO AND
CORRECTLY RECORDED BY:
Amy iukana .R C
Town Secretary