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Ord 678 Amending Chapter 1 Adding Rules Governing the Town Seal-LogoTOWN OF WESTLAKE ORDINANCE NO. 678 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 1 GENERAL PROVISIONS BY ADDING SECTION 2, RULES GOVERNING THE USE OF THE WESTLAKE TOWN SEAL AND INTELLECTUAL PROPERTY; PROVIDING FOR THE USE OF THE SEAL; PROVIDING A PENALTY; 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 Town Council hands it necessary to establish rules governing the use of the Town seal, and WHEREAS, the Town Council finds that the passage of this Ordinance is in the best interest of the citizens of Westlake 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 1, General Provisions, be amending by adding Section 2, Rules Governing the Use of the Westlake Town Seal Sections 2-1 through Sections 2-5; Reserving 2-6 through 2-20 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. Sec. 2-1. 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 of Westlake Seal on any item unless such use or display is approved as provided by this ordinance, and is otherwise in compliance with this ordinance. A 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. Ordinance 678 Page 1 of 4 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. 2-2. 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. 2-3. 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 2-5; (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 Manger shall determine if the media agency is in compliance with this ordinance. See. 2-4. 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. Ordinance 678 Page 2 of 4 Sec. 2-5. 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; (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. Sees. 2-6 — 2-20 Reserved 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, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist 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. Ordinance 678 Page 3 of 4 SECTION 6: This ordinance shall take effect immediately from and atter its passage as the law in such case provides. PASSED AND APPROVED ON THIS 26"' DAY OF MARCH 2012. kXAA-, V&(;t7/ ATTEST: Laufa Wheat, Mayor Kelly)Edwar s Town Secretary Thomas E. B wn Manager APPROV S PTOF RM: �0 WL�T on ow ow Attorney Ordinance 478 Page 4 of 4 J,11% V 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 Customer ID: TOW27 Invoice Number: 320676831 Invoice Date: 3/29/2012 Terms: Net due in 21 days Due Date: 3/31/2012 PO Number: Order Number: 32067683 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates: 3/28/2012 -3/29/2012 TOWN OF WESTLA AN OW ,�E ,11 X80 I 32 32 LINE $6.14 $392.84 WESTLA�E AMET4D1 iG {HAPTER � fiiEii :Pi2t3VISitIhiS�,`: Sales Discount ADAING�SECTION'1,:RULES GOV-81' ($316.44) ERNING THE USE;,oF THE WEST - LAKE TOWN .SEAL ANa INTEL- LECTUAI PROPER,PRt3Y.f At Misc Fee F0Ft THE USE : OF THE SEAL; $10.00 PRflifIDl�IG A;PENALi�3�1?�ltl�=," ' 100,`A,,',8; �CUMUL, 1'V'T . CAUSE PROifIDING A z" SEVRABILF. CLAUSEx PRAStIAING A SAYINGS CLAUSE, AUTHCIRIZING PU$LICA-: _ sr aLi -1raw„ Net Amount: $86.40 `e0e1`• L. � �Q .••;`PAY PUA, •: Cavo,• ,2 THE STATE OF County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)215-2323 d n 0 SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, April Notary Publi Thank You For Your Payment ----------------------------------------------- Remit To: Star -Telegram P.O. BOX 901051 FORT WORTH, TX 76101-2051 Customer ID: Customer Name: Invoice Number: Invoice Amount: PO Number: Amount Enclosed: TOW27 TOWN OF WESTLAKE 320676831 $ 86.40