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ORD 2008-32TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2008-32 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS; REPEALING ARTICLE I ENTITLED "PARKS AND RECREATION BOARD" OF CHAPTER 9 ENTITLED "PARKS AND RECREATION"OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, TEXAS; AND ADOPTING A NEW ARTICLE 1 ENTITLED "PARKS AND RECREATION BOARD" OF CHAPTER 9 OF THE CODE OF ORDINANCES; PROVIDING FOR THE INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town") is a home rule municipality empowered to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and general welfare; and WHEREAS, the Town has approximately one thousand acres of parkland available for the use and enjoyment of its residents; and WHEREAS, with the existing parkland, the future recreational amenities needed in the PID development areas, the construction of Byron Nelson High School, and the park and recreational opportunities presented by Trophy Club Park, the Town has many opportunities to explore the expansion and development of parkland and recreational amenities; and WHEREAS, because parkland and recreational amenities are intended for the benefit and enjoyment of the residents of the Town, it is important to allow those residents to play a key role in shaping the expansion and development of parkland and recreational opportunities; and WHEREAS, the Parks and Recreation Board will allow residents to play a more active role and to provide direct citizen input to the Parks & Recreation Director for the development of parks and recreational facilities for the Town; WHEREAS, the Park Board, in place since 2005, has reviewed the existing Ordinance governing the Park and Recreation Board and determined it necessary and appropriate to recommend that Council make various amendments thereto; and WHEREAS, the Town Council has reviewed those amendments and finds them appropriate. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: SECTION 1. INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. SECTION 2. AMENDMENTS 2.01 Article I entitled "Parks And Recreation Board" of Chapter 9 entitled "Parks and Recreation" of the Code of Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Article I entitled "Parks And Recreation Board" of Chapter 9 entitled "Parks and Recreation" of the Code of Ordinances of the Town of Trophy Club is hereby adopted to be and read in its entirety as follows: "Section 1.01. DEFINITIONS. For the purpose of article, the following terms, phrases, words and their derivations shall have the meaning given herein: Parks and Recreation Board (the "Board"): The Town of Trophy Club Parks and Recreation Board appointed by the Town Council. Director: A person appointed by the Town Manager as Parks and Recreation Director, or the Director's designee. Park: A park, playground, recreation center or any other area, or facility owned, used, controlled, or leased by the Town, and devoted to active or passive recreation. Section 1.02. BOARD ESTABLISHED/NUMBER OF MEMBERSITERMS ESTABLISHED/QUALIFICATIONS The Parks and Recreation Board consisting of not less nine (9) nor more than eleven (11) regular members is hereby established as follows: Qualifications. Members shall be residents of the Town of Trophy Club. 2. No Compensation. Members shall serve without compensation. 3. Staggered Terms. Members' terms will be for three (3) years/staggered. Places on the Board shall be numbered 1 through 11. Places 1 through 4 on the initial Board shall serve for a term of one (1) year. Upon expiration of that one (1) yearterm, members appointed to those seats shall serve on a regularthree (3) year term interval. 4. Hold Over. If a replacement has not qualified upon the expiration of a member's term, then that member shall continue his/her membership until replaced. 5. Officers. The Board shall annually elect a Chairperson, Vice -Chairperson and a Secretary. a. The Chairperson shall preside over meetings and shall be entitled to vote upon each issue. Board shall conduct its meetings in accordance with the Town's Board, Commission and Committee Handbook. b. The Vice -Chairperson shall assist the Chairperson in directing the affairs of the Board. In the absence of the Chairperson, the Vice -Chairperson shall assume all duties of the Chairperson. In the event that the Vice - Chairperson is absent, the proceedings shall be conducted in accordance with Robert's Rules of Order. C. The Secretary shall review minutes of all meetings and in the Secretary's absence; the Chairperson shall designate another member to act as Secretary. Upon approval by the Board, the Secretary shall sign the official copy of the minutes. The Secretary shall distribute, once a year at the first regular meeting a copy of the current Parks and Recreation Ordinance. 6. Director Participation. The Director of the Parks and Recreation Department shall be in attendance at the Board meetings. The Director shall participate in meetings to provide staff assistance, reports, and recommendations as requested by the Board. 7. Ex Officio Member. The Director shall be an ex officio member of the Board, with the responsibility to participate in discussions but without the right to vote. 8. Absence. A member's absence from three (3) meetings annually without formal consent of the board shall be deemed to constitute the resignation of that member and shall be certified by the chairperson to the Town Council. A member's absence will be considered at the next regularly scheduled meeting following the absence. Members should attempt to make all regular meetings, however, if a member finds difficulty in maintaining regular attendance, it is suggested that the member consider whether he/she has sufficient time to be an effective member. It is the responsibility of a member in this position to initiate a discussion with the Chair or staff liaison about attendance. The Chairperson of the Board is to maintain a charted attendance record for all members. If attendance becomes an issue, the staff liaison will attempt to secure a written resignation. 3 9. Meetings. Regular meetings shall be held at least once a month on the date and at the time established by the Board as provided in this Ordinance unless the Chairperson designates another time, date and place and all members of the Board are notified at least seven (7) days in advance. 10. Quorum. A majority of members shall constitute a quorum. 11. Minutes. Minutes of each Board meeting shall be filed with the Town Secretary. Section 1.03 POWERS AND DUTIES OF THE BOARD The Parks and Recreation Board shall have the following powers and perform the following duties: 1. Advisory Capacity to Council: The Board shall act principally in an advisory capacity to the Town staff and the Town Council in all matters pertaining to parks and recreation, shall acquaint itself with and make a continuous study of the complete parks and recreation services of the Town; and shall advise the staff and Town Council from time to time as to the present and future policies, maintenance, operation, planning, acquisition, development, and enlargement of the Town parks and recreation services. The Board shall also have such authority as designated to it by Town Ordinance. 2. Study And Development of Recreation And Recreation Areas: The Board shall study and encourage the development of parks and recreation areas and the development of recreation for all residents of the Town. 3. Advisory Capacity to the Director: It shall advise the Parks and Recreation on problems of development of recreation areas, facilities, programs and improved recreation services. 4. Recommend Standards: It shall recommend the adoption of standards for areas, facilities, programs and financial support for parks and recreation purposes. 5. Advise on Long -Range Parks and Recreational Capital Improvement Programs: The Board shall advise and recommend to the Parks and Recreation Director the development of long-range capital improvement programs, and when the need exists for additional park and recreational facilities, the Board shall make appropriate recommendation to the Town Council. It may also recommend the acquisition of additional parks, park and recreational equipment and supplies. 11 6. Solicitations: The Board may solicit grants, on behalf of the Parks and Recreation Board; provided however, that the acceptance of any such grant is subject to the approval and acceptance of Town Council. 7. Cooperative Opportunities: The Board may cooperate with other governmental agencies, civic organizations and all citizens of the Town in the advancement of sound parks and recreation planning and programming. 8. Amendments to Ordinance: The Board may, from time to time, recommend to the Town Council amendments to this Ordinance. 9. Reports: The Board shall, through its Chairperson or his/her designee, make an oral and written report semi-annually to the Town Council concerning its activities during the past year and its proposals for the coming year. 10.. Budget: The Board shall review the proposed budget for the Parks and Recreation Department, and make any recommendations to the Parks and Recreation Director deemed necessary. The Board is not authorized to add, delete or change in any way the budget as prepared by the Parks and Recreation Director. 11. Additional Rules: The Board shall have authority to adopt such additional rules that are not in conflict with this ordinance that it deems necessary to carry the purpose and intent of this ordinance, subject to Town Council approval. 12. Actions of Board As a Unit. No action of any individual member(s) is authorized except as approved by the Board. Only the Board acting as a whole shall exercise the powers and duties of the Board. Section 1.04 PROCEDURES OF THE BOARD The procedures of the Board are as set out below: The Board shall establish the schedule and time for its regular meetings. The Chairperson may call special meetings. All meetings shall be held in a public place with public notice as prescribed by law. 2. A quorum consisting of a majority of members shall be required for the transaction of any business." SECTION 3. CUMULATIVE REPEALER This Ordinance shall be cumulative of all other Ordinances and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance and where such other Ordinance(s) do not 61 specifically state that fees contained therein take precedence. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance. Provided however, that any complaint, action, claim or lawsuit which has been initiated or has arisen under or pursuant to any such Ordinance on the date of adoption of this Ordinance shall continue to be governed by the provisions of such Ordinance and for that purpose the Ordinance shall remain in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity or unconstitutionality and that such remaining portions shall remain in full force and effect. SECTION 5. ENGROSSMENT AND ENROLLMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance by copying the exact Caption and Effective Date in the minutes of the Town Council and by filing this Ordinance in the ordinance records of the Town. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective from and after its date of adoption and publication as provided by law, and it is so ordained. PASSED AND APPROVED by the Town of Trophy Club, Texas this the 6th day of October 2008. Mayor, Nick Sanders z Town of Trophy Club, Texas Effective Date: /% 010d' OF TROo ,> ti< [SEAL ATTEST: Town Secretary, Lisa Hennek Town of Trophy Club, Texas APPROVED TO AS FORM: Town Attorney, Patricia Adams Town of Trophy Club, Texas 7