ORD 2012-13TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2012-13
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING ARTICLE XIII, ENTITLED "OPEN RECORDS" OF
CHAPTER 1, ENTITLED "ADMINISTRATION" BY ADDING A NEW
SUBSECTION 13.02, ENTITLED "THIRTY-SIX HOUR TIME LIMIT" TO
ESTABLISH THIRTY-SIX (36) HOURS AS A REASONABLE LIMIT ON
THE AMOUNT OF TIME THAT TOWN PERSONNEL ARE REQUIRED
TO SPEND PRODUCING PUBLIC INFORMATION TO A REQUESTOR
WITHOUT RECOVERING COSTS ATTRIBUTABLE TO THAT
PERSONNEL TIME; AMENDING ARTICLE VIII "SCHEDULE OF FEES"
OF CHAPTER 1, ENTITLED "ADMINISTRATION," TO ADD A
SUBSECTION "M" ENTITLED "PERSONNEL CHARGES IN EXCESS
OF 36 HOURS" TO SECTION 8.14 ENTITLED "TEXAS
ADMINISTRATIVE CODE"; PROVIDING A CUMULATIVE REPEALER
CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ENGROSSMENT AND ENROLLMENT; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a Home Rule Municipality duly formed
under the Constitution and the laws of the State of Texas; and
WHEREAS, the Town Council supports and upholds the ideals of the Texas
Public Information Act (the "Act")--namely that each person is entitled, unless otherwise
expressly provided by law, at all times to complete information about the affairs of the
City and the official acts of its public officials and employees; and
WHEREAS, the Act establishes no limit on the number of requests a particular
requestor may make during any prescribed period of time; and
WHEREAS, many types of requests require a sUbstantial amount of employee or
personnel time with which to comply; and
WHEREAS, the Act provides that a governmental body may establish a
reasonable limit on the amount of time that personnel of the governmental body are
required to spend producing public information for inspection or duplication by a
requestor, or providing copies of public information to a requestor, without recovering its
costs attributable to that personnel time; and
WHEREAS, the Town Council deems it advisable to establish a reasonable
number of hours per fiscal year that personnel of the Town will be required to spend
producing public information for inspection or duplication by a requestor, or providing
copies of public information to a requestor, without recovering its costs attributable to
that personnel time; and
WHEREAS, once such reasonable amount of time is exceeded, the Town
Council believes that personnel costs should be recoverable to the extent authorized in
V.T.C.A., Government Code §552.275.
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.
AMENDMENTS
2.01 Article XIII, entitled "Open Records" of Chapter 1, entitled "Administration" of the
Code of Ordinances of the Town of Trophy Club, Texas is hereby amended to
add Section 13.02 entitled "Thirty-Six Hour Time Limit" which shall be and read in
its entirety as follows:
"13.02. Thirty-Six Hour Time Limit. That pursuant to and subject to the
limitations in V.T.C.A., Government Code, §552.275, the Town Council of
the Town of Trophy Club hereby establishes thirty-six (36) hours as a
reasonable limit on the amount of time that personnel of the Town are
required to spend producing public information for inspection or
duplication by a requestor, or providing copies of public information to a
requestor, without recovering its costs attributable to that personnel time.
Costs for time recoverable under this subsection shall accrue in
accordance with the Town's Schedule of Fees."
2.02 Section 8.14 entitled "Texas Administrative Code" of Article VIII "Schedule of
Fees" of Chapter 1, entitled "Administration" of the Code of Ordinances of the
Town of Trophy Club, Texas is hereby amended to add Subsection "m" entitled
"Personnel Charges in Excess of 36 Hours" so that Subsection 8.14(m) shall be
shall be and read as follows:
"(m) Personnel Charges in Excess of 36 Hours. Notwithstanding any
provision contained herein to the contrary, any requestor of public
information will be charged personnel costs in accordance with V.T.C.A.,
Government Code, §552.275 for all time in excess of thirty-six (36) hours
spent by personnel of the city in producing public information for
inspection or duplication by a requestor, or providing copies of public
information to a requestor during a twelve-month period commencing on
October 1 of each year. The Records Management Officer shall be
responsible for providing all notices required by law."
ORO 2012-13 Page 2 of4
SECTION 3.
CUMULATIVE REPEALER
That this Ordinance shall be cumulative of all other ordinances of the Town
affecting the vehicle parking regulations 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 in the Ordinance records of the Town and to properly record
this Ordinance in accordance with the Town Charter.
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish,
this Ordinance as required by Section 52.011 of the Texas Local Government Code.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in accordance
with law, and it is so ordained.
ORD 2012-13 Page 3 of4
PASSED AND APPROVED by the Town Council of the Town of Trophy Club,
Texas, this 21 st day of May, 2012.
ATTEST:
APPROVED TO AS FORM:
Patricia A. A ams , Town Attorney
Town of Trophy Club, Texas
ORD 2012-13
eonnie White, Mayor
Town of Trophy Club, Texas
[SEAL]
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