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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