O-1011-11-90ORDINANCE NO. 1011-11-90
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, PROVIDING FOR THE
ESTABLISHMENT OF A RECORDS MANAGEMENT PROGRAM IN
ORDER TO MANAGE MUNICIPAL RECORDS; PROVIDING FOR THE
OWNERSHIP, RESPONSIBILITIES, MICROGRAPHICS, DESTRUCTION
AND DISPOSITION OF MUNICIPAL RECORDS; PROVIDING FOR A
DEFINITION OF PUBLIC RECORDS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Title 6, Subtitle C, V.T.C.A., Local Government Code (also known as
the "Local Government Records Act") provides that a municipality must establish by
ordinance an active and continuing records management program to be administered by
a Records Management Officer; and,
WHEREAS, the City of Allen desires to adopt an ordinance for that purpose and
to prescribe policies and procedures consistent with the Local Government Records Act
and in the interests of cost-effective and efficient recordkeeping;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1: City Records Defined and Declared Public. All information,
regardless of physical form or characteristic, created or received in any city office or
department in pursuance of law or ordinance, or in the transaction of public business,
whether public access is open or restricted under the laws of the state, is hereby
declared to be the property of the City and shall be created, maintained and disposed of
in accordance with the procedures authorized by this ordinance. The unauthorized use,
removal from files, or destruction of such records is prohibited.
SECTION 2: Policy. It is hereby declared to be the policy of the City to
provide for a Records Management Program which will provide an efficient and
cost-effective control over the creation, distribution, organization, maintenance, use,
and disposition of all City records through a system of integrated procedures for the
management of records from creation to ultimate disposition, consistent with the
requirements of applicable state and federal statutes and accepted records management
practices.
Ordinance No. 1011-11-90 - Page 1
SECTION 3: Ownership and Responsibility for Municipal Records.
(A) All records created or received by an office or department of the City shall
remain the property of the City. Each department is the legal custodian of its
records. The Records Management Officer is the physical custodian of all
records transferred to the records storage center.
(B) It shall be the duty of each officer and/or employee of the City to protect,
preserve, store and/or transfer municipal records in accordance with state and
federal statutes, the City Charter and Ordinances and/or rules promulgated and
approved by the City's Records Management Officer.
SECTION 4: Records Control Schedules Established and Implemented;
Destruction of Records.
(A) The Records Mangement Officer, in cooperation with department heads, shall
prepare records control schedules for all City offices and department. All
records created or received, and the retention period for each record, shall be
listed. Each records control schedule shall be amended by the Records
Management Officer as necessary to ensure compliance with state records
control schedules.
(B) Before its adoption, a records control schedule for a department must be
approved by the department head, the Records Management Officer, and
submitted to and accepted for filing by the Texas State Library as provided by
state law.
(C) A record on which the retention period has expired on an approved 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 lawsuit, or
the department head requests in writing to the Records Management Officer
that the record be retained for an additional period. A record that has not yet
been listed on an approved records control schedule may be destroyed if its
destruction has been approved by the department head, the Records Management
Officer and the Texas State Library.
SECTION 5: Preservation of Records.
(A) The transfer of inactive and/or permanent records shall be made to the records
storage center designated by the Records Management Officer for care and
Ordinance No. 1011-11-90 - Page 2
preservation. The permanent records of the City shall not be transferred to
private individuals, private historical societies or museums or to private colleges
or universities.
(B) The Records Management Officer, in cooperation with department heads, shall
establish guidelines for the preservation of vital records. The term "vital
records" means any record of the City necessary to the continuation or
resumption of operations of the City in an emergency or disaster, the recreation
of the legal and/or financial status of the City, or the protection and fulfillment
of obligations to the people of the state.
SECTION 6: Micrographics. Unless a micrographics program in a
department is specifically exempted by order of the municipality, all microfilming of
records will be centralized and under the direct supervision of the Records Management
Officer. The records management plan will establish policies and procedures for the
microfilming of municipal records, including policies to ensure that all microfilming is
done in accordance with standards and procedures for the microfilming of local
government records established in rules of the Texas State Library and Archives
Commission. The plan will establish criteria for determining the eligibility of records
for microfilming and protocols for ensuring that a microfilming program that is
exempted from the centralized operations is, nevertheless, subject to periodic review
by the Records Management Officer as to cost-effectiveness, administrative
efficiency, and compliance with commission rules.
SECTION 7: Electronic Storage of Records. The records management plan
will establish policies and procedures for the electronic storage of municipal records,
including policies to ensure that all electronic storage of the City's records is done in
accordance with standards and procedures for the electronic storage of local
government records established under the Local Government Records Act and of the
Texas State Library and Archives Commission. All electronic storage of the City's
records will be identified to the Records Management Officer for compliance with
established policies and procedures.
SECTION 8:
Severability. It is hereby declared to be
the
intention
of
the
City Council that
the sections, paragraphs, sentences, clauses
and
phrases
of
this
Ordinance No. 1011-11-90 - page 3
ordinance are severable, and if any phrase, clause, sentence or section of this ordinance
shall be declared unconstitutional or invalid by any judgment or decree of a court of
competent jurisdiction, such unconstitutionality or invalidity shall not affect any other
remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City
Council hereby declares it would have passed the remaining portions even though it had
known the affected parts would be held unconstitutional.
SECTION 9: Effective Date. This ordinance shall become effective
immediately from and after its passage and publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THIS THE 15TH DAY OF NOVEMBER , 1990.
APPROVED AS TO FORM:
er, City At o eye
APPROVED:
m Wolfe, MAYOR RO TEM
ATTEST:
J1to Morgjkon, City Secretary
Ordinance No. 1011-11-90 - Page 4
re
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published regularly and continously
for more than twelve (12) months prior to publishing
ORDINANCE 41011-11-90
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
Wednesday November 21, 1990 & Sundaes November 25, 1990
and which was issued on -A Qve m b e r 21, 1 9 9 n ,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
0)"6, T _ -
SUBSCRIBED AND SWORN to before me this day of A.D. 19 90
==T Cl O • ��� a�-s� _
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OTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $- 2 7 . 0 0 —_
CITY OF ALLEN
PUBLIC NOTICE E
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting 'held on Thursday,
November 15, 1990 (Title only):
ORDINANCE NO. 1011-11-90: An Ordi=
nance of the City of Allen, Collin County,
Texas, Providing for the Establishment of a
Records Management Program in Order to
Manage Municipal Records; Providing for
the Ownership, Responsibilities, Micro-
graphics, Destruction and, Disposition of
Municipal Records; Providing for a Defini=
tion of Public Records; Providing a Repeal-
ing Clause; Providing a Severability
Clause, and Providing for an Effective)
Date.
A Copy of this ordinance may be read or,
purchased in theoffice of the City Secre=
tary, City of Allen, One Butler Circle, Allen;
Texas 75002.
/s/Judy Morrison
City Secretary