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ORD 2013-36TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2013-36 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS AMENDING SECTION 14.04(A), ENTITLED "DESIGNATION OF RECORDS MANAGEMENT OFFICER" OF ARTICLE XIV, ENTITLED "RECORDS MANAGEMENT", OF CHAPTER 1, ENTITLED "ADMINISTRATION", OF THE CODE OF ORDINANCES OF THE TOWN OF TROPHY CLUB DESIGNATING THE OFFICE OF TOWN SECRETARY AND SUCCESSIVE HOLDERS AND DESIGNEES OF THAT OFFICE AS THE RECORDS MANAGEMENT OFFICER FOR THE TOWN; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR AN AMENDMENT; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club is a home rule municipality organized under the Constitution and the laws of the State of Texas; and WHEREAS, the Town Council as the governing body of the Town is charged with establishing and maintaining a program for the efficient and economical management of all local government records; and WHEREAS, the Town Council adopted Article XIV, "Records Management" as part of Chapter 1, "Administration" of its Code of Ordinances establishing the Town's records management program under the direction of a Records Management Officer; and WHEREAS, the Town Council has determined it appropriate for the Office of Town Secretary and successive holders and designees of that office to serve as the Records Management Officer for the Town of Trophy Club; and WHEREAS, the Town Council has determined that an amendment to Section 14.04, "Designation of Records Management Officer" of Article XIV, "Records Management" of Chapter 1, "Administration" of the Code of Ordinances of the Town is appropriate and that the adoption of this amendment serves the public interest. 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 2.01 Section 14.04(A) entitled "Designation of Records Management Officer" of Article XIV entitled, "Records Management" of Chapter 1, entitled "Administration" of the Code of Ordinances of the Town of Trophy Club, Texas, is hereby amended to be and read in its entirety as follows: Section 14.04 Designation of Records Management Officer "A. The office of Town Secretary, and successive holders and designees of said office, shall serve as Records Management Officer for the Town of Trophy Club. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty days of the initial designation or of taking up the office, as applicable. The Town Council designation of the name, office, or position of the Records Management Officer shall be entered into the minutes of the Town Council meeting at which such designation is made." SECTION 3. SAVINGS AND REPEALER That this Ordinance shall be cumulative of all other Ordinances of the Town affecting Records Management 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 as required by the Town's Home Rule Charter. 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 yth day of October, 2013. /aA0~ (2"onnie White, Mayor Town of Trophy Club, Texas ATTEST: [SEAL] APPROVED AS TO FORM: ~~ Patricia A . Adams, Town Attorney Town of Trophy Club, Texas