ORD 2011-06TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2011-06
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING
ARTICLE VIII ENTITLED "TREE PRESERVATION AND REMOVAL", OF
CHAPTER 12 ENTITLED "SUBDIVISION RULES AND REGULATIONS",
AND AMENDING SECTION 1.03 ENTITLED "POWERS AND DUTIES OF
THE BOARD" OF ARTICLE I ENTITLED "PARKS AND RECREATION
BOARD" OF CHAPTER 9 ENTITLED "PARKS AND RECREATION" OF
THE CODE OF ORDINANCES OF THE TOWN; PROVIDING FOR THE
INCORPORATION OF PREMISES, PROVIDING FOR AMENDMENTS TO
ARTICLE I ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE
PARKS AND RECREATION BOARD SERVING AS TREE BOARD AND
AMENDMENTS TO ARTICLE VIII AUTHORIZING THE PARKS AND
RECREATION BOARD TO SERVE AS THE TREE BOARD, AND
REMOVING REFERENCES TO A SEPARATE TREE BOARD; 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 Tree Board voted unanimously to disband and allow the Parks and
Recreation Board to assume its duties upon Council approval; and
WHEREAS, the Parks and Recreation Board agreed to assume the duties of the
Tree Board upon Council approval and create a sub-committee addressing the specific
areas of the Tree Board subsequent to that approval; and
WHEREAS, the new duties assigned to the Parks and Recreation Board would
allow staff to focus on this area in a more efficient manner; and
WHEREAS, the Town Council finds it appropriate to adopt the amendments as
proposed.
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. Section 8.02 entitled "Tree Board" of Article VIII, entitled Tree Preservation and
Removal", of Chapter 12 entitled "Subdivisions Rules and Regulations", of the Code of
Ordinances of the Town of Trophy Club is hereby repealed in its entirety and a new Section
8.02 entitled "Park Board to Serve as Tree Board", of Article VIII of Chapter 12 shall be
adopted and shall be and read in its entirety as follows:
Section 8.02 Parks and Recreation Board to Serve as Tree Board
A. Role of Parks and Recreation Board: The Parks and Recreation Board shall serve
as the Tree Board for the Town (the "Board").
B. Duties and Responsibilities: It shall be the responsibility of the Board to:
1. Determine cash value for a tree replacement;
2. Designate Protected, Specimen, Historical, and Majestic trees, as defined herein;
3. Develop and approve tree lists;
4. Inform and develop an informational tree pamphlet; and
5. Hear appeals.
6. Annually develop a written plan, in conjunction with the Town Manager or his
designee for the care, preservation, trimming, planting, replanting, removal, or
disposition of trees and shrubs in public ways, streets, alleys, and parks. Such
plan will be presented annually to the Town Council and upon acceptance and
approval, shall constitute the official comprehensive Tree Plan forthe Town. The
Town Manager or his designee shall be charged with carrying out the plan.
7. Ensure the Tree City USA Application for recertification is submitted annually.
2.02 In each of the following Sections and Subsections of Article VIII entitled "Tree
Preservation and Removal", of Chapter 12 entitled "Subdivisions Rules and Regulations",
the term "Tree Board" shall be replaced by the term "Board" and the remainder of those
Sections and Subsections shall not be amended but shall be and read the same:
ORD 2011-06 Page 2 of 5
Section 8.04 (A), Section 8.05 (Cl. Section 8.06(A)(1), Section 8.07(A) (1) and
(A)(2) , Section 8.08(C)(1 )(c), Section 8.08 (G), Section 8,09(A)(6), Section
8.1 0(A)(2),Section 8.10 (B)(2)(b),(c) and (d), and Section 8.12.
2.03 Section 1.03 entitled "Powers and Duties of the Board" of 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
Section 1.03 entitled "Powers and Duties of the Board" of Article I of Chapter 9 of the
Code of Ordinances is hereby adopted and shall be and read in its entirety as follows:
Section 1.03 POWERS AND DUTIES OF THE PARKS AND RECREATION
BOARD
A. 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 Board 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.
ORO 2011·06 Page 3 of 5
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.
B. The Parks and Recreation Board shall serve as the Tree Board for the Town with
those Duties and Responsibilities set forth in Article 8, "Tree Preservation and
Removal" of Chapter 12, "Subdivision Rules and Regulations" of the Code of
Ordinances of the Town, as amended.
SECTION 3.
CUMULATIVE REPEALER
This Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances, whether codified or uncodified, except for those
instances where there are direct conflicts with the provisions of this Ordinance.
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.
ORD 2011-06 Page 4 of 5
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 21 sl day of March,
2011
APPROVED TO AS FORM:
ctdtAA~)
Patricia A. Adams, Town Attorney
Town of Trophy Club, Texas
ORO 2011-06
Connie White, Mayor
Town of Trophy Club, Texas
[SEAL]
Page 5 of 5