ORD 2006-18TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-18
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
BY ADOPTING A NEW SECTION 13.01 ENTITLED "REQUESTS
FOR INFORMATION", OF ARTICLE XIII, "OPEN RECORDS",
OF CHAPTER I OF THE CODE OF ORDINANCES OF THE
TOWN OF TROPHY CLUB TO: PROVIDE INFORMATION
REQUESTED TO BE RELASED, PURSUANT TO THE OPEN
RECORDS ACT, BY FACSIMILE MACHINE NOT TO EXCEED
THREE PAGES OR PROTECTED DOCUMENT FORMAT NOT
TO EXCEED FIFTY PAGES; PROVIDING FOR
INCORPORATION OF PREMISES; PROVIDING A SAVINGS
AND REPEALER CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; A PENALTY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council has identified that the release of information
pursuant to the Texas Open Records Act facilitated by using either facsimile or by using
a protected document format would be more efficient; and
WHEREAS, the Town of Trophy Club finds that Texas law contains no
prohibition against the release of information pursuant to the Texas Open Records Act by
using facsimile or by using a protected document format.
WHEREAS, as a matter of efficiency, the Town Council finds it appropriate to
adopt new regulations pertaining to public requests for information.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are incorporated
herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Section 13.01 entitled "Authorization", of Article XIII entitled "Open Records",
of Chapter 1 of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby
repealed in its entirety and a new Section 13.01 entitled `Bequests for Information", as
follows is hereby adopted:
"Section 13.01 Requests for Information
In addition to the other methods available for providing information to a
Requestor pursuant to the Texas Open Records Act, the Records Management
Officer or his/her designee may provide information requested either (1) by use
of facsimile machines or (2) via email by using a protected document format,
providing that information released by use of facsimile does not exceed three (3)
pages and information released via email by use of a protected document format
does not exceed fifty (50) pages."
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting open records requests 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. Notwithstanding the foregoing, any complaint, action, cause of
action or claim which prior to the effective date of this Ordinance has been initiated or
has arisen under or pursuant to such repealed Ordinance(s) shall continue to be governed
by the provisions of that Ordinance and for that purpose the Ordinance shall be deemed
to remain and continue 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 the Ordinance, and the Town Council hereby
declares it would have passed such remaining 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 by copying the exact Caption and Effective Date clause in the
minutes of the Town Council of the Town of Trophy Club 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
law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this the 19°i day of June, 2006.
Mayor
Town of Trophy Club, Texas
ATTEST:
�J ioa
Town Secretary
Town of Trophy Club, Texas
,JC f l=tOpy
[SEAL]
\n'Y 1, `%
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas