HomeMy WebLinkAbout1989-1799 - Ordinance - 01/26/1989ORDINANCE NO. 1799
AN ORDINANCE AMENDING CHAPTER 1, SECTION 27 OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO
RECORDS MICROFILMING, RETENTION, AND DISPOSITION; PROVIDING A
SAVINGS CLAUSE; AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, Texas Revised Civil Statutes Annotated, Article 6574c,
provides that any incorporated city may adopt an ordinance
providing for the microphotography, destruction, or other
disposition of public records; and,
WHEREAS, the City Council of the City of College Station, Texas
passed Ordinance No. 1714 on the 25th day of June 1987,
authorizing the microfilming of the City of College Station's
records, and disposition of city records so microfilmed; and,
WHEREAS, the City Council of the City of College Station, Texas,
passed Ordinance No. 1738 on the 28th day of January, 1988,
authorizing the destruction of the College Station Police
Department's paper records and tapes after the microfilming and
retention of the records for specified time periods; and
WHEREAS, the City Council of the City of College Station, Texas,
desires to provide guidance for the development of a program to
control the retention and proper destruction of all other records
of the City of College Station;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS,
I.
THAT, Chapter 1 Section 27, of the Code of Ordinances of the City
of College Station, Texas, is hereby amended by adding a new
sub -section, to be numbered 27.B, which said section shall read
as follows:
"B. RECORDS NOT MICROFILMED
(1) Original municipal public records which are not
microfilmed in compliance with this section or which
are determined worthless by the College Station City
Council may be destroyed as directed by the Council,
provided that notice of proposed destruction or
disposition of those original municipal public records
shall first be given to the state Librarian or State
Archivist, and if such records are, in his opinion,
needed for the State Library, the records shall be
transferred thereto.
(2) Any original municipal public records, the subject of
which is in litigation, may not be destroyed until
such litigation is final.
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(3) Municipal records other than those records defined in
this section as original public records may be disposed
of upon approval of the City Secretary, acting with the
advice and consent of the City Attorney."
II.
THAT, Chapter 1, Section 27, of the Code of Ordinances of the City
of College Station, Texas, is hereby amended by adding a new
sub -section to be numbered 27.C, which said section shall read as
follows:
"C. OWNERSHIP OF CITY RECORDS
All records received, created, or compiled by officials or
employees of the City of College Station in the performance
of their duties shall remain the property of the city. No
city official or employee has, by virtue of his position, any
personal or property rights to such records even though he
may have developed or compiled them. Municipal records may
not be sold, given away, destroyed or otherwise alienated
from the city's custody unless approved by the city council."
THAT, Chapter 1, Section 27, of the Code of Ordinances of the City
of College Station, Texas, is hereby amended by adding a new
sub -section to be numbered 27.D, which said section shall read as
follows:
"D. DEVELOPMENT AND IMPLEMENTATION OF RECORDS RETENTION AND
DISPOSITION SCHEDULES
(1) An initial schedule for retention and disposition
periods, to be known as the RECORDS RETENTION AND
DISPOSITION SCHEDULE I, is hereby adopted. The
RECORDS RETENTION AND DISPOSITION SCHEDULE may be
amended from time to time by resolution of the city
council.
(2) A copy of the RECORDS RETENTION AND DISPOSITION
SCHEDULE shall be kept in the Office of the City
Secretary, and, the City Secretary shall provide
schedules to all department and division heads. All
city offices and departments shall destroy, transfer,
or otherwise dispose of records only according to such
schedules, and pursuant to specific procedures de-
veloped by the City Secretary for such purpose.
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(3) Adoption of a RECORDS RETENTION AND DISPOSITION
SCHEDULE shall constitute full authority to destroy,
transfer, microphotograph, or take other actions, and
the City Council directs that such action be taken by
the City Secretary or under his supervision, with the
advice and consent of the City Attorney. The method
of destruction will be determined by the City
Secretary in coordination with department/division
heads or their designees. Due and proper notification
shall be given to the State Librarian of intended
destruction, as required by law, but no further notice
to the City Council shall be required".
IV.
THAT, Chapter 1, Section 27, of the Code of Ordinances of the
City of College Station, Texas, is hereby amended by adding a new
sub -section, to be numbered 27.E, which said section shall read
as follows:
"E. DEFINITIONS
The definitions, as provided in this section, shall be
taken as the meaning of terms and classifications applied
to the management of records belonging to the City of
College Station.
(1) Active Records - Those records in current use which
must be retained in offices because frequent reference
is necessary in the conduct of day-to-day operations.
(2) Archives - Those noncurrent records that are worthy of
permanent preservation and special administration
because of the importance of the information they
contain for continuing administrative, legal, or
fiscal purposes, or for historical or other research.
(3) Inactive Records - Those records which are seldom
referred to, but which must be retained, temporarily
or permanently, because of legal, fiscal,
administrative, or archival value.
(4) Municipal Records - All records, whether of public or
private origin, housed and administrered by the City
of College Station, Texas.
(5) Nonrecords - All material not usually included within
the definition of records, such as unofficial copies
of documents that are kept only for convenience or
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reference, stocks of publications and processed
documents, and library or museum material intended
solely for reference or exhibition.
(6) Original Public Records - That portion of all
documents, writin—' gs, letters, memoranda, or other
written, printed, typed, copied, or developed
materials which contains public information, pursuant
to Article 6252-17a of Vernon's Annotated Revised
Civil Statutes of the State of Texas.
(7) Public Information - All information collected,
assembled, or maintained by the City of College Station
pursuant to law or ordinance or in connection with the
transaction or official business hours, with exceptions
as defined in Article 6252-17a of Vernon's Annotated
Revised Civil Statutes of the State of Texas.
(8) Records - All books, papers, maps, photographs,
machine-readable materials, or other documentary
materials, regardless of physical form or
characteristics, generated or received by a department
of the City of College Station, Texas, under local
ordinance or in connection with the transaction of
public business, and preserved for any period of time
by that department as evidence of the organization,
functions, policies, decisions, procedures, operations,
or other activities of this municipal government, or
because of the informational value of data in them.
Excludes the following: library or museum material
intended solely for reference or exhibition; unofficial
or duplicate copies of documents that are kept only for
convenience or reference; or stocks of publications.
(9) Records Disposition - The removal of records from city
offices or from an inactive records storage center and,
for records that have passed their minimum legal
retention periods and no longer have value to the city,
their destruction or for archival records, their
transfer to a designated agency for permanent archival
retention.
(10) Records Retention and Disposition Schedule - A document
which describes recurring records or records series of
a department on a continuing basis, indicating for each
the length of time they are to be maintained in the
office area or storage center, and when and if such
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records or records series may be destroyed or otherwise
disposed of.
(11) Records Series - Records accumulated over a period of
time and arranged in an organized file or set of files
which can be described, handled, and disposed of as a
unit. A records series may consist of records of a
single type or format, or of records kept together
because they relate to a particular subject or result
from one activity. Example: Accounts Payable,
Ordinances, or Time Cards.
(12) Vital Records - Those records which contain information
that is essention for the continuation or
reconstruction of the organization in the event of a
disaster.
V.
That all ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
VI.
Should any section, paragraph, sentence, clause, phrase or word
of this ordinance be declared unconstitutional or invalid for any
purpose, the remainder of this ordinance shall not be affected
thereby.
VII.
It is hereby found and determined that the meeting at which this
ordinance was passed was open to the public, as required by
article 6252-17, V.A.T.C.S., and that advance public notice of
time, place and purpose of said meeting was given.
VIII.
That this ordinance shall become effective upon its passage and
in accordance with the Charter of the City of college Station,
Texas.
PASSED AND APPROVED THIS THE 26th DAY OF January, 1989.
APPROVED:
Mayor Latrrt.Rintjet
ATTEST
City ec a ary, Dian Jones
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