HomeMy WebLinkAboutOrd 857 Repealing and replacing Chapter 2 Administration and removing sections from Chapter 26 TOWN OF WESTLAKE
ORDINANCE NO. 857
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING THE CODE OF
ORDINANCES BY REPEALING AND REPLACING CHAPTER 2 ADMINISTRATION
BY REORDERING THE CHAPTER AND AMENDING CHAPTER 26 COMMUNITY
DEVELOPMENT, DIVISION 2, BY DELETING AND MOVING SECTIONS 26-57.1; 26-
57.2; AND 26-59 TO CHAPTER 2; PROVIDING A CUMULATIVE CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the Town of Westlake, Texas is a general law Town; and
WHEREAS, the amendment and reorganization of both Chapters provides for Officers
and Board and Commissions of the municipality to be located in the same chapter; and
WHEREAS, upon the recommendation of the staff to reorganize Chapter 2 and include
the position of the Town Manager, the Town Council of the Town of Westlake, Texas, is of the
opinion that it is in the best interests of the town and its citizens that the amendments should be
approved and adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 2 of the Town of Westlake Code of Ordinances, as amended,
is hereby amended as follows.
Chapter 2 - ADMINISTRATION
ARTICLE I. - IN GENERAL
Sec. 2-1. - Change to type A general law municipality.
The town does hereby convert to a type A general law municipality in accordance with the
requirements of the Local Government Code of Texas, and shall conduct itself in accordance
with the laws regulating type A general law municipalities from and after May 9, 1994.
Sec. 2-2. - Westlake Town Seal—Approval required.
No person, association, corporation, organization, or group, of any type or character, other
than town officers, employees and agents shall cause or allow to be used or displayed the Town
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of Westlake Seal on any item unless such use or display is approved as provided by this
ordinance [Ordinance No. 678], and is otherwise in compliance with this ordinance [Ordinance
No. 678].
An employee may apply to the town manager designee to use town materials and equipment
in his or her creative projects, provided the employee agrees either to grant to the town a non-
exclusive, non-transferable, perpetual, royalty-free, town-wide license to use the work, or
permits the town to be listed as co-author or co-inventor if the town's contribution to the work is
substantial.
Upon the termination of any person's association with the town, all permission to possess,
receive, or modify the town's intellectual property shall also immediately terminate. All such
persons shall return to the town all intellectual property, including but not limited to any copies,
no matter how kept or stored, and whether directly or indirectly possessed by such person.
Sec. 2-3. - Westlake Town Seal—Approval process.
Any person, association, corporation, organization, or group, of any type or character, shall
receive written approval from the town manager or designee prior to such use or display of the
town seal or intellectual property.
Sec. 2-4. - Westlake Town Seal—Allowable uses.
Use of the Town of Westlake Seal shall be limited to the following:
(a) Events limited in duration to a period of time specifically designated in the request;
(b) Uses which comport with the guidelines listed in section 2-6;
(c) Such other uses deemed appropriate by the town manager, taking into consideration
the name, reputation and public image of the Town of Westlake is at stake each time a
request for use is granted;
(d) Media agencies may be granted permission to use the Town of Westlake provided the
flowing criteria are met:
(1) if the media agency is a television station with a broadcast signal which serves the
entire population or geographic town limits; or
(2) if the media agency is a newspaper with a paid subscriber circulation within the
Town of Westlake of not less than 10,000 subscribers.
The town manager shall determine if the media agency is in compliance with this ordinance
Sec. 2-5. - Westlake Town Seal—Approval.
The town manager's office or designee shall review each written request for compliance with
this ordinance. A request approved by the town manager's office or designee shall be final.
Sec. 2-6. - Westlake Town Seal—Guidelines of use.
The following guidelines shall be followed by the town manager's office or designee in
reviewing each application for the use of the Town of Westlake Seal.
(a) Use of the Town of Westlake Seal shall not be allowed if such use:
(1) is, or included matter which is immoral, deceptive, or scandalous according to
community standards;
(2) may disparage, or falsely suggest a connection with, or bring into contempt or
disrepute the Town of Westlake;
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(3) is likely to cause confusion or mistake, or to deceive, because, when applied to
the applicant's proposed use in connection with the activity or event, the activity or
event appears to be controlled by the Town of Westlake when such is not the case.
Secs. 2-7-2-30. - Reserved.
ARTICLE II. - TOWN COUNCIL
DIVISION 1. - GENERALLY
Sec. 2-31. - Terms of Office. The mayor and council members of a Type A municipality are
elected for two year terms
Sec. 2-32. - The Mayor shall preside at all meetings of the council and shall with three of the
town council members constitute a quorum for the transaction of business; and the quorum shall
have the power to enact such by-laws and ordinances not inconsistent with the laws and
constitution of the State of Texas, as shall be deemed proper for the governing of the Town
Sec. 2-33. - Election Held Annually.
An election shall be held annually on an authorized uniform election date as set out in Texas
Election Code.
Sec. 2-34. —President Pro-Tempore Elected.
At the first meeting of each new town council, one of the council members shall be elected
president pro-tempore (i.e., mayor pro-tem) who shall hold this office for one year. In the case of
the failure, inability, or refusal of the mayor to act, the mayor pro-tem shall perform the duties of
the mayor. If both the mayor pro-tem and the mayor are absent, any council member may be
appointed to preside at the meeting.
When serving as presiding officer at a meeting in the mayor's absence, the mayor pro-tem or the
council member acting in the mayor's place shall retain their right to vote on matters before the
council without regard to a tie.
Sec. 2-35 - Quorum.
Three (3) members of the town council shall constitute a quorum for the purpose of transaction
of business.
Sec. 2-36 - Conflict of interest.
Should any person on the town council have a conflict of interest, pursuant to any state laws
and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda
item then before the town council, he or she shall openly declare same before discussion
proceeds, and he or she is thereby prohibited from discussing the item or voting on the question.
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Sec. 2-37 - Abstention.
Should any person on the town council choose to abstain from voting on any question before the
town council, where no conflict of interest exists, the person's vote shall be recorded as a
negative vote in the official minutes of the meeting.
Secs. 2-38-2-50. - Reserved.
DIVISION 2. - PROCEDURES
Sec. 2-51. - Agenda items.
Pursuant to policies or procedures adopted by the governing body the mayor or any member
of the council may notify the town manager and town secretary of any items requested to be on
the agenda. The town manager will be responsible for placing all other items on each agenda and
providing necessary backup for each agenda item. The town secretary will assemble and
distribute agenda backup materials prepared prior to each board meeting.
Sec. 2-52. - Meetings; voting.
(a) The town council shall meet at the time and place determined by a resolution adopted by
the governing body.
(b) The meetings shall be held at the Town Hall, or a meeting room close by, or another
location designated by the town in the meeting notice as required by law.
(c) Each member of the town council shall at every meeting of the board be entitled to one
vote in person but no proxy shall be voted on any occasion.
(d) The town may adopt an ordinance, act, law, or regulation, not inconsistent with state law,
that is necessary for the government, interest, welfare, or good order of the town as a body
politic.
Sec. 2-53. - Procedural rules.
The procedure at all meetings of the town council shall be in accordance with general rules
of parliamentary procedures.
Sec. 2-54. - Continuation of meetings.
The mayor shall continue any meeting, whether regular or special, including a continuation
to a specific date and time, as directed by the town council.
Secs. 2-55-2-80. - Reserved.
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ARTICLE III. - BOARDS, COMMISSIONS AND AUTHORITIES
DIVISION 1. - GENERALLY
Sec. 2-81. - Boards, commissions, agencies/appointment, term, and procedures.
(a) All meetings of any board or commission shall be open to the public. Each board or
commission shall keep accurate minutes of each meeting which shall be forwarded to the
town secretary within ten days following approval.
Such board or commission shall keep an accurate record of the names of the members who
are present and absent from their meetings. When public hearings are necessary or required,
notice of the public hearings and the conduct of the public hearing will be in compliance with
the requirements of the Texas Local Government Code and the UDC.
(b) Each board or commission shall establish its own attendance rules, regulations and method of
enforcement which may include automatic removal from office unless in conflict with state
law or this section. Each member of a board or commission shall be at least 18 years of age.
Secs. 2-82-2-135. - Reserved.
DIVISION 2. - HIGHER EDUCATION AUTHORITY
Sec. 2-136. - Creation.
The town council hereby creates a higher education authority pursuant to the Higher
Education Authority Act (V.T.C.A., Education Code ch. 53) and designates the name of such
higher education authority to be the "Texas Student Housing Authority."
Sec. 2-137. - Composition.
The board of directors of the Texas Student Housing Authority shall consist of seven
members. The respective directors of the authority shall serve for two-year terms and until their
respective successors are appointed and assume office.
Sec. 2-138. - Bylaws approved.
The town council hereby approves the Texas Student Housing Authority bylaws.
Secs. 2-1392-160. - Reserved.
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ARTICLE IV. —TOWN OFFICERS
Sec. 2-161. - Town manager.
a. Appointment and Removal.
1) The town council shall appoint a town manager who shall be the chief
administrative officer of the town, and shall be responsible to the town council for
the administration of all the affairs of the town.
2) The town manager shall be chosen by the town council solely on the basis of
his or her executive and administrative training, experience and ability; and need
not, be a resident of the Town of Westlake.
3) The town manager may be removed at the will and pleasure of the Town
Council pursuant to the Local Government Code
4) No member of the town council shall, during the time for which he or she is
elected, and for one year thereafter, be appointed town manager.
b. Term and Compensation.
The town manager shall receive compensation as may be fixed by the town council. The town
council. The town council may enter into agreement establishing compensation and a term of
service.
c. Responsibilities.
1) In cooperation with the town attorney, see that all state laws and town
ordinances are effectively enforced.
2) Appoint and remove any employee of the town, except as otherwise provided
by this section.
3) Prepare the budget annually and submit it to the town council, and be
responsible for its administration after adoption.
4) Prepare and submit to the town council in the annual proposed budget, a
complete report on the finances and administrative activities of the town for
the preceding year.
5) Keep the town council apprised of the financial condition and future needs of
the town and make such recommendations as may seem to the town manager
advisable.
6) Attend all meetings of the town council, except at the request of the board
during executive sessions when the town manager is under discussion. He or
she shall be notified of all special meetings of the board.
7) Ensure effective intergovernmental representation of the town's interest by
monitoring and responding to legislation, participating in policy development,
and presentation of the town's interest to elective officials, the regional
development community, legislative committees, and public interest groups.
8) Shall have the authority to obligate the town without first obtaining the
approval of the town council for all budgeted expenditures not to exceed
$50,000.00 as to one contract or item. All other expenditures, including those
not included in the budget of applicable fiscal year, must be first be approved
by the town council.
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9) Perform such duties as may be prescribed or may be required of him or her by
the town council, not inconsistent with this section.
Sec. 2-162. - Town council not to interfere in appointments.
Neither the town council, nor any of its members, shall direct the appointment of any person to
office by the town manager, or by any of his subordinates. Except for the purpose of inquiry, the
town council and its members shall deal with the administrative services through the town
manager, and neither the town council, nor any member thereof, shall give orders to any
subordinate of the town manager, either publicly or privately.
Sec. 2.163 Town Secretary.
a. Appointment and Removal.
1) The Town Council shall appoint the town secretary.
2) The Town Secretary may be removed at the will and pleasure of the Town
Council pursuant to the Local Government Code.
b. Reporting and Compensation.
1) The Town Secretary shall report to the Town Manager.
2) The Town Manager shall fix the compensation of the Town Secretary, and the
Town Secretary's compensation may be amended, from time to time, in
accordance with the Town Secretary's experience, qualifications and
performance.
c. Responsibilities.
1) Give notice of all official public meetings of the Town Council in a manner
consistent with state laws;
2) Attend all public meetings and hearings of the Town Council;
3) Keep the minutes of the proceedings of all public official meetings and
hearings of the Town Council in a manner prescribed by the Town Council
consistent with applicable law;
4) Schedule and oversee all Town elections in accordance with the Texas
Election Code and any other applicable law;
5) Act as custodian of all official records of the Town Council;
6) Hold and maintain the seal of the Town and affix this seal to all appropriate
documents;
7) Authenticate by signature and seal and record all ordinances, resolutions and
proclamations of the Town; and
8) Perform such other duties as may be required by the Town Manager consistent
with this position and the laws of the State of Texas.
Sec. 2.164 Town Attorney.
a. Appointment and Removal.
1) The Town Council shall appoint by the affirmative vote of a majority of the full
membership of the Town Council a competent, duly qualified licensed and
practicing attorney in the State of Texas who shall serve as the Town Attorney.
2) The Town Attorney may be removed at the will and pleasure of the Town Council
pursuant to the Local Government Code.
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b. Responsibilities.
1) Serve as the legal advisor to the Town Council and Town Manager;
2) Represent the Town in litigation and legal proceedings as directed by the
Town Council and the Town Manager; and
3) Review and provide opinions as requested by the Town Council or Town
Manager on contracts, legal instruments, ordinances of the Town and other
Town business.
4) The Town Council shall have the right to retain special counsel at any time
that it may deem necessary and appropriate.
5) The Town Attorney and Special Counsel shall receive compensation as may
be determined by the Town Council.
The Town Attorney, with approval of the Town Council, may select additional attorneys to act
for him or her and the Town in its representation and/or litigation.
Sec. 2-165. - Office of town marshal.
(a) Created. The office of town marshal is hereby created pursuant to V.T.C.A. Local
Government Code § 341.021. The town marshal shall have all authority to serve as provided
for in state law. The town marshal must meet all qualifications of state law for this office.
(b) Bond and oath of office. The town marshal shall execute a bond as required by state law
and swear to an oath of office as required by state law.
(c) Duties. The town marshal shall act under the direction of the court administrator, and shall
perform the following duties:
(1) Execute warrants, subpoenas, and other legal process issuing out of the Town of
Westlake Municipal Court of Record No. 1, as determined by the court administrator.
(2) Execute other warrants of arrest, subpoenas, and legal process as authorized by law
and as determined by the court administrator.
(3) Serve as the court bailiff to the Town of Westlake Municipal Court of Record No. 1.
(4) Any other duties authorized by state law and assigned by the municipal court judge or
the court administrator.
(d) Appointment of town marshal by town manager. The town manager shall appoint the town
marshal and said position shall be included by the town manager in the annual budget to be
considered by the town council for the town.
(e) Right of town to establish support duties and positions. The town reserves the right to
establish duties and positions to support the deputies to the town marshal to function under
the policies and procedures adopted for said position by the Town of Westlake.
Secs. 2-166- 2-170. - Reserved.
ARTICLE V. TEXAS MUNICIPAL RETIREMENT SYSTEM
Sec. 2-171. - Participation in the retirement system.
(a) The town council of the town, on behalf of the town, hereby exercises its option and elects
to have this town and all of the employees of all departments now existing and those
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hereafter created participate in the system as provided in the Texas Municipal Retirement
System (TMRS) Act, V.T.C.A., Government Code § 851.001 et seq.
(b) The town manager is hereby directed to notify the board of trustees of the system that this
town has elected to participate in, and have the employees of this town covered in such
system.
(c) Each person who becomes an employee of this town on or after the effective date of
participation of this town whose position shall require more than 1,000 hours per year shall
become a member of the system as a condition of their employment.
(d) Each employee of this town who is a member of the system is eligible to retire and receive
a service retirement annuity if the member has at least 20 years of credited service in the
system performed for one or more municipalities that have adopted a like provision under
V.T.C.A., Government Code § 854.202(g).
(e) In accordance with the provisions of the TMRS Act, V.T.C.A., Government Code §
851.001 et seq., the deposits to be made to the system on account of current service of the
employees of the several participating departments are hereby fixed at the rate of seven
percent of the full earnings of each employee of said departments.
(f) Each employee who qualifies for such credit shall be allowed prior service credit (as
defined in V.T.C.A., Government Code § 853.101) at the rate of 100 percent of the base
credit of such member, calculated in the manner prescribed in 853.105.
(g) For each month of current service rendered to this town by each of its employees who are
members of the system, the town will contribute to the current service annuity reserve of
each such member at the time of his or her retirement, a sum that is 200 percent of such
member's accumulated deposits for such month of employment; and such sum shall be
contributed from this town's account in the municipality accumulation fund.
(h) The town secretary is hereby directed to remit to the board of trustees of the system, at its
office in Austin, Texas, the town contributions to the system and the amounts which shall be
deducted from the compensation or payroll of employees, all as required by such board
under the provisions of the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., and
such official is hereby authorized and directed to ascertain and certify officially on behalf of
this town the prior service rendered to such municipality by each of the employees of the
participating departments, and the average prior service compensation received by each of
the employees of the participating departments and make and execute all prior service
certifications and all other reports and certifications which may be required of the town
under the provisions of the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., or in
compliance with the rules and regulations of the board of trustees of the system.
(i) The town hereby elects to participate in the supplemental death benefits fund of the system
for the purpose of providing in-service death benefits for each of this town's employees who
are members of such system, and for the purpose of providing post retirement death benefits
for annuitants whose last covered employment was as an employee of this town, in the
amounts and on the terms provided for in V.T.C.A., Government Code §§ 852.004,
854.601-854.605, 855.314, 855.408 and 855.502.
(j) The town is hereby authorized and directed to notify the director of the system of adoption
of this ordinance, and of the participation of this town in such fund.
(k) Pursuant to V.T.C.A., Government Code § 855.407(g), the town hereby elects to make
future normal and prior service contributions to its account in the municipal accumulation
fund of the system at such combined rate of the total compensation paid by this town to
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employees who are members of the system, as the system's actuary shall annually determine
as the rate necessary to fund, within the amortization period determined as applicable to this
town under the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., the costs of all
benefits which are or may become chargeable to or to be paid out of this town's account in
such accumulation fund, regardless of other provisions of the TMRS Act, V.T.C.A.,
Government Code § 85 1.001 et seq., limiting the combined rate of town contributions.
Sec. 2-172. - Retirement system; updated service credits.
(a) On the terms and conditions set out in sections 853.401 through 853.404 of Subtitle G of
Title 8, Government Code, as amended, (hereinafter referred to as the "TMRS Act"), each
member of the Texas Municipal Retirement System (hereinafter referred to as the "system")
who has current service credit or prior service credit in the system in force and effect on
January 1 of the calendar year preceding such allowance, by reason of service in the
employment of the Town of Westlake (hereinafter called the "town") and on such date had
at least 36 months of credited service with the system, shall be and is hereby allowed
"updated service credit" (as that term is defined in subsection (d) of section 853.402 of the
TMRS Act).
(b) On the terms and conditions set out in section 853.601 of the TMRS Act, any member of
the system who is eligible for updated service credits on the basis of service with this town,
who has available credit for prior service and/or current service with another participating
municipality or municipalities by reason of previous service, and was a contributing member
on January 1 of the calendar year preceding such allowance shall be credited with updated
service credits pursuant to, calculated in accordance with, and subject to adjustment as set
forth in said section 853.601, both as to the initial grant hereunder and all future grants
under this section.
(c) The updated service credit hereby allowed and provided for shall be 100 percent of the
"base updated service credit" of the member (calculated as provided in subsection (c) of
section 853.402 of the TMRS Act).
(d) Each updated service credit allowed hereunder shall replace any updated service credit,
prior service credit, special prior service credit, or antecedent service credit previously
authorized for part of the same service.
(e) The initial allowance of updated service credit hereunder shall be effective on January 1,
2006, subject to approval by the board of trustees of the system. An allowance shall be made
hereunder on January 1 of each subsequent year until this section ceases to be in effect under
subsection (e) of section 853.404 of the TMRS Act, provided that, as to such subsequent
year, the actuary for the system has made the determination set forth in subsection (d) of
section 853.404 of the TMRS Act.
(f) In accordance with the provisions of subsection (d) of section 853.401 of the TMRS Act,
the deposits required to be made to the system by employees of the several participating
departments on account of current service shall be calculated from and after the effective
date of ordinance from which this section derives [January 1, 2006] on the full amount of
such person's compensation as an employee of the town.
Reserved 2-173 —2-200
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ARTICLE VI. —FINANCE
DIVISION 1. - GENERALLY
Sec. 2-201. - Signatures on town checks.
All checks of more than $10,000.00 that are drawn on any of the town's accounts require two
signatures.
Sec. 2-202. - Findings incorporated.
The findings set forth in Ordinance No. 661 are incorporated into the body of this section as if
fully set forth herein.
Sec. 2-203. - Establishment of processing or handling fee.
A processing or handling fee of three percent is hereby established to be charged by the town at
the point of sale for processing or handling each time a credit card is used to pay a utility bill.
For the purposes of this section, a utility bill includes those charges commonly found on a town
utility bill, including but not limited to charges associated with water, sewer, trash, storm
drainage and optional donations. A processing or handling fee of five percent is hereby
established to be charged by the town at the point of sale for processing or handling each time a
credit card is used to pay all other municipal fees, fines or other charges. The town council finds
that said amounts are reasonably related to the expense incurred by the town in processing or
handling the credit card payment.
Sec. 2-204. - Establishment of service charge.
A service charge in an amount equivalent to that charged for the collection of a check drawn on
an account with insufficient funds is hereby established to be charged by the town if, for any
reason, a payment by credit card is not honored by the credit card company on which the funds
are drawn.
Secs. 2-2052-220. - Reserved.
DIVISION 2. - FEES AND USE SCHEDULE
Sec. 2-221. - Schedule of fees and charges.
The fees and use charges authorized by the Town of Westlake Code of Ordinances, and any
ordinances approved by the town council whether codified or not, shall be contained within a
fees and use schedule that shall be approved by the town council of the Town of Westlake by
resolution. Copies of the approved fees and use schedule shall be maintained as a public record
in the office of the town secretary and will be available for public inspection and copying during
regular business hours.
Secs. 2-2222-230. - Reserved.
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ARTICLE VII. - RECORDS MANAGEMENT
Sec. 2-231. - Definitions.
The following words, terms and phrases when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Department head means the officer who by ordinance, or administrative policy is in charge of an
office of the municipality that creates or receives records.
Director and librarian means the executive and administrative officer of the state library and
archives commission.
Essential record means any record of the town necessary to the resumption or continuation of its
operations in an emergency or disaster, to the re-creation of its legal and financial status, or to
the protection and fulfillment of obligations to the people of the state.
Municipal record means any document, paper, letter, book, map, photograph, sound or video
recording, microfilm, magnetic tape, electronic medium, or other information recording medium,
regardless of physical form or characteristic and regardless of whether public access to it is open
or restricted under the laws of the state, created or received by the town or any of its officers or
employees pursuant to law, including an ordinance, or in the transaction of public business. The
term does not include:
(1) Extra identical copies of documents created only for convenience of reference or research by
officers or employees of the town; (2)Notes,journals, diaries, and similar documents, created by
an officer or employee of the town for the officer's or employee's personal convenience; (3)
Blank forms; (4) Stocks of publications; (5) Library and museum materials acquired solely for
the purposes of reference or display; (6) Copies of documents in any media furnished to
members of the public to which they are entitled under V.T.C.A., Government Code ch. 552, or
other state law; or (7) Any records, correspondence, notes, memoranda, or documents, other than
a final written agreement described by V.T.C.A., Government Code § 2009.054(c), associated
with a matter conducted under an alternative dispute resolution procedure in which personnel of
a state department or institution, local government, special district, or other political subdivision
of the state participated as a party, facilitated as an impartial third party, or facilitated as the
administrator of a dispute resolution system or organization.
Permanent record means any record of the town for which the retention period on a records
control schedule is given as permanent.
Records control schedule means a document prepared by or under the authority of the records
management officer listing the records maintained by the town, their retention periods, and other
records disposition information that the records management program may require.
Records management means the application of management techniques to the creation, use,
maintenance, retention, preservation, and disposal of records for the purposes of reducing the
costs and improving the efficiency of recordkeeping. The term "records management" includes
the development of records control schedules, the management of filing and information retrieval
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systems, the protection of essential and permanent records, the economical and space-effective
storage of inactive records, control over the creation and distribution of forms, reports, and
correspondence, and the management of micrographics and electronic and other records storage
systems.
Records liaisons means the persons designated under section 2-237.
Records management officer means the person designated in section 2-234.
Records management plan means the plan developed under section 2-235.
Retention period means the minimum time that must pass after the creation, recording, or receipt
of a record, or the fulfillment of certain actions associated with a record, before it is eligible for
destruction.
Sec. 2-232. - Records declared public property.
(a) Municipal records created or received in the transaction of official business or the creation or
maintenance of which were paid for by public funds are declared to be public property and are
subject to the provisions of this article and V.T.C.A., Government Code § 441.151 et seq. (b) A
town officer or employee does not have, by virtue of the officer's or employee's position, any
personal or property right to a municipal record even though the officer or employee developed
or compiled it. (c) The unauthorized destruction, removal from files, or use of such records is
prohibited.
Sec. 2-233. - Policy.
It is hereby declared to be the policy of the town to provide for efficient, economical, and
effective controls over the creation, distribution, organization, maintenance, use, and disposition
of all municipal records through a comprehensive system of integrated procedures for their
management from creation to ultimate disposition, consistent with the requirements of the local
government records act(V.T.C.A., Local Government Code § 201.001 et seq.) and accepted
records management practice.
Sec. 2-234. - Designation of records management officer.
The town secretary, and the successive holders of such office, shall serve as records management
officer for the town. As provided by state law, each successive holder of the office shall file
his/her name with the director and librarian of the state library, within 30 days of the initial
designation or of taking up the office, as applicable.
Sec. 2-235. - Records management plan to be developed; approval; authority.
(a) The records management officer shall develop a records management plan for the town for
submission to the state library and archives commission. The plan must contain policies and
procedures designed to reduce the costs and improve the efficiency of recordkeeping, to
adequately protect the essential records of the municipality, and to properly preserve those
records of the municipality that are of historical value. The plan must be designed to enable the
records management officer to carry out his/her duties prescribed by state law and this article
effectively. (b) The records management plan shall be binding on all offices, departments,
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divisions, programs, commissions, bureaus, boards, committees, or similar entities of the town
and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with
the plan. (c) State law relating to the duties, other responsibilities, or recordkeeping requirements
of a department head do not exempt the department head or the records in the department head's
care from the application of this article and the records management plan adopted under it and
may not be used by the department head as a basis for refusal to participate in the records
management program of the town.
In addition to other duties assigned in this article or by state law, the records management officer
shall:
(1) Administer the records management program and provide assistance to department heads in
its implementation; (2) Plan, formulate, and prescribe records disposition policies, systems,
standards, and procedures; (3) In cooperation with department heads identify essential records
and establish a disaster plan to ensure maximum availability of the records in order to reestablish
operations quickly and with minimum disruption and expense; (4) Develop procedures to ensure
the permanent preservation of the historically valuable records of the town; (5) Establish
standards for filing and storage equipment and for recordkeeping supplies; (6) Study the
feasibility of and, if appropriate, establish a uniform filing system and a forms design and control
system for the town; (7) Provide records management advice and assistance to all municipal
departments by preparation of manuals of procedure and policy and on-site consultation; (8)
Monitor records retention schedules and administrative rules issued by the state library and
archives commission to determine if the records management program and the municipality's
records control schedules are in compliance with state regulations; (9) Disseminate to the town
council and department heads information concerning state laws and administrative rules relating
to local government records; (10) Instruct record liaisons and other personnel in policies and
procedures of the records management plan and their duties in the records management program;
(11) Instruct records liaisons and other personnel in the conduct of records inventories; (12)
Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the
records of the town are carried out in accordance with the policies and procedures of the records
management program and the requirements of state law; (13) Maintain records on the volume of
records destroyed under approved records control schedules or through records destruction
authorization requests, the volume of records microfilmed or stored electronically, and the
estimated cost and space savings as the result of such disposal or disposition; (14) Bring to the
attention of the town council noncompliance with the policies and procedures of the records
management program or the local government records act.
Sec. 2-236. - Duties and responsibilities of department heads.
In addition to other duties assigned in this article, department heads shall:
(1) Cooperate with the records management officer in carrying out the policies and procedures
established for the efficient and economical management of records and in carrying out the
requirements of this article; (2) Adequately document the transaction of government business
and the services, programs, and duties for which the department head and his or her staff are
responsible; and (3) Maintain the records in his or her care and carry out their preservation,
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microfilming, electronic storage, destruction, or other disposition only in accordance with the
policies and procedures of the records management program and the requirements of this article.
Sec. 2-237. - Designation of records liaisons.
Each department head shall designate a member of his or her staff to serve as records liaison
officer for the implementations of the records management program in the department. If the
records management officer determines that in the best interests of the records management
program more than one records liaison officer should be designated for a department, the
department head shall designated the number of records liaison officers specified by the records
management officer. Persons designated as records liaison officers shall be thoroughly familiar
with all the records created and maintained by the department and shall have full access to all
records of the records maintained by the department. In the event of the resignation, retirement,
dismissal, or removal by action of the department head of a person designated as a records
liaison officer, the department head shall promptly designated another person to fill the vacancy.
A department head may serve as records liaison officer for his or her department.
Sec. 2-238. - Duties and responsibilities of records liaisons.
In addition to other duties assigned in the article, records liaisons shall:
(1) Conduct or supervise the conduct of inventories of the records of the department in
preparation for the development of records control schedule; (2) In cooperation with the records
management officer coordinate and implement the policies and procedures of the records
management program in their departments; and (3) Disseminate information to department staff
concerning the records management program.
Sec. 2-239. - Records control schedules to be developed; approval; filing with state.
(a) The records management officer shall prepare records control schedules listing all records
series created or received and the retention period of each series. Records control schedules shall
also contain such other information regarding the disposition of records as the records
management plan or state law may require. (b) The records management officer shall review the
records control schedules of the town and prepare amendments to the schedules as needed to
reflect new records created or received by the town or revisions to retention periods established
in a records retention schedule issued by the state library and archives commission. Amendments
to records control schedules shall be filed with the director and librarian in the same manner as
the original schedules. (c) The records management officer shall submit the records control
schedules to the director and librarian, who must accept them for filing, as provided by state law,
before their implementation. If a schedule is not accepted for filing, the schedule shall be
amended to make it acceptable for filing.
Sec. 2-240. - Implementation of records control schedules; destruction of records under schedule.
(a) A records control schedule that has been approved and adopted under section 2-210 shall be
implemented according to the policies and procedures of the records management plan. (b) A
record whose retention period has expired on a records control schedule shall be destroyed unless
an open records request is pending on the record, the subject matter of the record is pertinent to a
pending law suit, or there is a request in writing to the records management officer that the
record be retained for an additional period. (c) Prior to the destruction of a record under an
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approved records control schedule, authorization for the destruction must be obtained by the
records management officer.
Sec. 2-241. - Destruction of unscheduled records.
A record that has not yet been listed on an approved records control schedule may be destroyed
if its destruction has been approved in the same manner as a record destroyed under an approved
schedule and the records management officer has submitted to and received back from the
director and librarian an approved destruction authorization request.
SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 4: That any person violating any provision of this Chapter may be issued a
citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and
punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each
24-hour period of violation, and each separate act or condition in violation of this Chapter, shall
constitute a separate offense.
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 181h DAY OF JUNE 2018
ATTEST:
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Laura Wheat, Mayor
KeO Edwat' , Town Secretary BEST
APPROV - AS ORM: : * !&�
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0 : omas E. Bmer, own anager
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