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ORD 2015-28TOWN OF TROPHY CLUB, TEXAS ORDINANCE 2015-28 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING SUBSECTION C ENTITLED "TERM OF OFFICE" OF SECTION 6 ENTITLED "ETHICS REVIEW COMMISSION" OF ARTICLE XVII, ENTITLED "CODE OF ETHICS AND CONDUCT" OF CHAPTER 1 ENTITLED "ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB, ESTABLISHING THE ETHICS REVIEW COMMISSION BY AMENDING THE TERMS OF SERVICE FOR MEMBERS OF THE COMMISSION IN ORDER TO PROVIDE FOR TWO (2) YEAR TERMS OF SERVICE; PROVIDING FOR AN IMPLEMENTATION PERIOD; PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas is a Home Rule Town acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in 2011, the Town Council adopted an Ordinance adopting Chapter 1, Article XVII of the Code of Ordinances establishing the Ethics Review Commission; and WHEREAS, the ordinance creating the Ethics Review Commission provided for three (3) members and two (2) alternate members to serve three (3) year staggered terms; and WHEREAS, the Town Council prefers to have all Town Boards, Commissions, and Corporations term lengths be consistent with one another so each term length shall be set to two (2) year staggered terms except where state law mandates a different term length; and WHEREAS, for purposes of consistency, the Council has determined it appropriate that all Town Boards, Commissions, and Corporations have a proportionate number of member terms expiring each year; and WHEREAS, changing the Ethics Review Commission terms from the current three (3) year term to the new two (2) year term, will result in a disproportionate number of terms expiring in a single year; and WHEREAS, in order to achieve the objective of having a proportionate number of member terms expiring each year, an implementation period is needed; therefore, Position 1 shall serve an implementation term that shall expire on September 30 of 2016 and shall expire thereafter in even numbered years. The term for Position 2 shall also expire in even numbered years. The term for each Alternate member and Position 3 shall expire in odd numbered years. WHEREAS, the Town Council has determined it appropriate to amend Subsection C entitled "Term of Office" of Section 6 entitled "Ethics Review Commission" of Article XVII, entitled "Code of Ethics and Conduct' of Chapter 1 entitled "Administration", of the Code of Ordinances so that the members of the Ethics Review Commission shall serve two (2) year terms each with a new implementation period. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES The foregoing recitals are found to be true and correct and are incorporated herein as if written word for word. SECTION 2. AMENDMENT — ADOPTION OF SUBSECTION C OF ARTICLE XVII OF CHAPTER 1 2.01 Subsection C entitled "Terms of Office" of Section 6 entitled "Ethics Review Commission" of Article XVII entitled "Code of Ethics and Conduct' of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town of Trophy Club is hereby adopted and shall read in its entirety as follows: "17.06. ETHICS REVIEW COMMISSION C. Term of Office. The Commission members shall be appointed to two (2) year staggered terms. Position 1 shall serve an implementation term that shall expire on September 30 of 2016 and shall expire thereafter in even numbered years. The term for Position 2 shall also expire in even numbered years. The term for each Alternate member and Position 3 shall expire in odd numbered years. No member shall serve for more than two (2) consecutive full terms. Implementation terms shall not be counted as full terms." SECTION 3. CUMULATIVE REPEALER That this Ordinance shall be cumulative of all other ordinances of the Town and shall not repeal any of the provisions of such ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance; whether such ordinances are codified or uncodified, and all other provisions of the ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with the provisions of this Ordinance, shall remain in full force and effect. ORD 2015-28 Page 2 of 3 SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance, or its application 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 the Ordinance despite such invalidity, which 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 in accordance with the Town Charter and by filing this Ordinance in the Ordinance records of the Town. Section 6. EFFECTIVE DATE This Ordinance shall take effect from and after its date of passage in accordance with the law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas, this 22nd day of September, 2015. C. Nick Sanders, Mayor Town of Trophy Club, Texas Holly Fimbrels, Town Secretary Town of Trophy Club, Texas PPROVED AS TO FORM: Patricia A. Adams, Town Attorney Town of Trophy Club, Texas ORD 2015-28 Page 3 of 3