ORD 1982-28 - Records RetentionORDINANCE NO. 82 -28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, PROVIDING FOR THE ADMINISTRATION OF A RECORD MANAGEMENT
PROGRAM; PROVIDING FOR CUSTODIANSHIP AND OWNERSHIP OF CITY
RECORDS; PROVIDING FOR COPYING OF CITY RECORDS; PROVIDING FOR
DESTRUCTION OF CITY RECORDS; PROVIDING FOR PUBLIC ACCESS TO
COPIED CITY RECORDS; PROVIDING FEES FOR COPIES OF CERTAIN CITY
RECORDS; MAKING OTHER PROVISIONS AND FINDINGS RELATED TO THE
MANAGEMENT OF CITY RECORDS; REPEALING INCONSISTENT ORDINANCES;
PROVIDING SAVINGS AND SEVERABILITY PROVISIONS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS the records of the City of Huntsville, Texas have been
allowed to accumulate over a period of years to the detriment of a well
organized records management program; and
WHEREAS many City records presently kept and preserved are
worthless; and
WHEREAS a necessity exists for the duplication of certain records
to record, preserve or protect same, or to reduce the space required for
filing, storage and safekeeping same; and
WHEREAS the State of Texas has enacted various laws providing for
the copying and /or destruction of City records (Tex. Rev. Civ. Stat.
art. 5441a, 5442c, 6574b and 6574c);
NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
Section 1: That Chapter 2, Administration, of the Code of Ordinances of
the City of Huntsville, Texas, is hereby amended by the adoption of a
new Article III, Records, that shall read as follows:
Sec. 2 -40. Custodianship and Ownership of City Records; Recordkeepers.
a. The City Manager shall be custodian of all records of the City
or its employees except as hereinafter provided.
b. The City Secretary shall be custodian of the records of the
Council, including Minutes, Ordinances, Resolutions, Proclamations,
Claims and Deeds. All records of Council shall become and be maintained
as permanent public records except as hereinafter provided.
(See City Charter Secs. 4.06 and 14.07)
c. The City Attorney shall be custodian of all the records of the
Department of Law.
d. Law enforcement records, vital statistics records, files of the
Department of law, or any other records closed to the public by law or
privileged with regard to Council by statutes or common law shall be
considered public records only for purposes of this article.
Sec. 2-41. Copying of Certain Records
Any record of the City may be preserved by microfilm or micrograph
copy process provided that:
a. any record copied shall be indexed in a general Index of
Records to be maintained by the City Manager; and
b. if the copy is intended for use far 5 years or more, the
microfilm or micrograph process used for copying such records shall meet
the requirements of the United States of America Standards Institute for
archival quality, density, resolution and definition, except for that
copy intended only for short term use; and
c. the City Manager or City Secretary or persons designated by
them shall certify that each record copy is a true and correct
duplication of the original public record.
Sec. 2-42. Public Access to Record Copies
The public shall have free access to information in micrographs or
microfilm to which they are entitled under law. Such copied records
shall be placed in conveniently accessible files and the public shall be
allowed to use, examine, exhibit or project or enlarge the same upon
request and during regular office hours.
Sec. 2-43. Recordkeepers
(a). The City Manager and City Secretary shall be recordkeepers for any
record of the City.
(b). Each Director of the City shall be a recordkeeper for any record
related to his department.
(c). Any recordkeeper may issue and certify copies of original City
records.
Sec. 2-44. Destruction of Original Records
(a). The City Manager or City Secretary may transfer, destroy or
dispose of original records of the City in their custody if:
1. such original record is at least five years old; and
2. such original record is not otherwise required by Federal or State
law; and
3. if the record is in the custody of the City Manager, the City
Manager makes a determination that the record is worthless; and if the
' record is in the custody of the City Secretary, the City Secretary makes
a determination that the record is worthless; and
4. the record is not related to any matter in current litigation; and
5. the record is not on the permanent collection list; and
6. the City Attorney and City Auditor approve destruction of the
record.
(b). The City Manager or City Secretary shall send notice of the
proposed destruction or disposition of the City records to the State
Librarian, and if such records are, in his opinion, needed for the State
Library, the records shall be transferred thereto.
(c). The City Manager or City Secretary may destroy records by giving
them to the Walker County Historical Society.
Sec. 2 -45. Fees for Copies of Certain Records
The cost for provision of City records shall be as follows:
a. Police automobile accident reports
b. Municipal Court Records, including
judgments and complaints
Minutes of Council or other Boards
or Commissions
d. Copies of Resolutions, Ordinances,
and other legal documents
e. Copies of Birth Certificates or
Death Certificates
— each extra copy
f. Maps or Plats,
up to 24" X 36" blueline
up to 24" X 36" mylar
larger than 24" X 36"
$3.00 each
$3.00 each
$ .25 /page
$3.00 minimum
$ .25 /page
$3.00 minimum
$5.00 each
$2.00
$4.00 each
$6.00 each
$8.00 each
g. Other records or documents may be reproduced at a fee to be
determined by the City Manager and equal to the labor and material cost
to provide such copy.
Sec. 2 -46. Permanent Records
The following records shall be kept and maintained as permanent
City records:
City Minutes
City Ordinances
City Resolutions
Deeds
City Budgets
Auditors Reports
Municipal Court Docket Book
Secs. 2 -47 to 2 -49. Reserved
Section 2. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or
unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect any of the
remaining provisions of this Ordinance.
Section 3. All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency and
in all other respects this ordinance shall be cumulative of other
Ordinances regulating and governing the subject matter covered by this
Ordinance.
Section 4. This ordinance shall take effect immediately upon passage by
City Council.
PASSED UNANIMOUSLY FIRST READING THIS 3_ day of Oet , 1982.
PASSED SECOND READING THIS
day of , 1982.
APPROVED THIS 5 day of O Ct , 1982.
THE CITY OF HUNTSVILLE
BY
William V. Nash, Mayor
uth DeShaw, City Secretary
APPROVED AS TO FORM:
Scott Bounds, City Attorney