0497
ORDINANCE NO. 497
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR
THE ESTABLISHMENT AND ADMINISTRATION OF
A RECORDS MANAGEMENT PROGRAM FOR THE CITY;
PROVIDING FOR PURPOSE OF RECORDS MANAGEMENT
PROGRAM; AUTHORIZING THE CITY SECRETARY TO
ESTABLISH AND ADMINISTER THE RECORDS MANAGE-
MENT PROGRAM; PROVIDING RECORDS MANAGEMENT
DUTIES FOR THE CITY SECRETARY, CITY COUNCIL,
AND CUSTODIANS OF RECORDS; PROVIDING OWNER-
SHIP OF MUNICIPAL RECORDS, AND THE RESPONSI-
BILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT
THERETO; PROVIDING FOR THE DESTRUCTION, OR
OTHER DISPOSITION OF ORIGINAL MUNICIPAL PUBLIC
RECORDS AND ALL OTHER MUNICIPAL RECORDS; PRO-
VIDING A PENALTY CLAUSE; PROVIDING REPEALING AND
SEVERABILITY CLAUSES; AND, PROVIDING AN EFFECTIVE
DATE.
WHEREAS, State Law through the Texas Local Government
Records Act, enacted by the State Legislature in 1989 under the
title H.B. 1285, as amended from time to time, hereafter referred
to as the "Act", provides that each governing body in local
government shall designate a Records Management Officer on or
before June 1, 1990; and,
WHEREAS, the Act requires the governing body of each
local government to adopt an ordinance, order or plan as
appropriate, establishing a Records Management Program on or before
January 1, 1991; and,
WHEREAS, the City of Southlake in conformity with said
Act desires to establish, promote and support an active and
continuing program for the efficient and economical management of
all City of Southlake records and cause policies and procedures to
be developed for the administration of the program under the
direction of the Records Management Officer;
NOW THEREFORE, BE
SOUTHLAKE, TEXAS:
IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF
Section 1. That the governing body of the City of Southlake,
Texas, does hereby establish and adopt a management program for the
orderly and efficient retention, retrieval and destruction of the
records of the City of Southlake, Texas, as follows:
Ordinance No. 497, Creating Records Management
page 2
Section 1. Definitions:
Local Government Record. Any document, paper, letter, book, map,
photograph, sound or video recording, microfilm, magnetic tape,
electronic medium, or other information recording medium,
regardless of physical form or characteristic and regardless of
whether public access to it is open or restricted under the laws of
the State, created or received by local City government officers or
any of its officers or employees pursuant to the law, including an
ordinance, or in the transaction of public business are hereby
declared to be records of the City of Southlake, and shall be
created, maintained, and disposed of in accordance with the
provisions of this Ordinance and the provisions of the Act. The
term does not include:
A.
B.
C.
Extra identical copies of documents created only for
convenience of reference or research by officers or
employees of the City of Southlake;
Notes, journals, diaries, and similar documents created
by an officer or employee of Southlake for the
employee's personal convenience;
Blank forms;
D.
Stocks of publications;
E.
Library and museum materials acquired solely for the
purposes of reference or display; or
F.
Copies of documents in any media furnished to members of
the public to which they are entitled under Article
6252-17a, Vernon's Texas Civil Statutes or other State
Law.
Commission. The Texas State Library and Archives Commission.
Custodian The appointed or elected public officer who by the
~ta~e Constitution, State Law, ordinance, or administrative policy
lS In charge of an office that creates or receives local government
records. For the purpose of this Ordinance, a custodian is a
Department Head, under the administration of the City Manager or
the City Council, who is responsible for all records in his/her
department.
Director and Librarian The executive and administrative
of the Texas State Library and Archives Commission.
officer
Essential Record Any local government record necessary to the
resumption or continuation of government operations in an emergency
or disaster, to the re-creation of the legal and financial status
of the City, or to the protection and fulfillment of obligations to
the people of the State.
Ordinance No. 497, Creating Records Management
page 3
Governinq Body
The City Council of the City of Southlake.
Office Any office, department, division, program, co~ission,
bureau, board, committee, or similar entity of the Clty of
Southlake.
Permanent Record A record of permanent value. Any local
government record for which the retention period on a records
retention schedule issued by the Commission is given as permanent.
Record
A record of the City of Southlake.
Records Control Schedule A document prepared by or under the
authority of a Records Management Officer listing the records
maintained by the City of Southlake, their retention periods, and
other records disposition information that the records management
program in South lake or state Law may require.
Records Manaqement The application of management techniques to
the creation, use, maintenance, retention, preservation, and
disposal of records for the purposes of reducing the costs and
improving the efficiency of recordkeeping. The term includes the
development of records control schedules, the management of filing
and information retrieval systems, the protection of essential and
permanent records, the economical and space-effective storage of
inactive records, control over the creat~ion and distribution of
forms, reports, and correspondence, and the management of
micrographics and electronic and other records storage systems.
Records Retention Schedule A document issued by the
establishing mandatory retention periods for local
records.
Commission
government
Retention Period The minimum time that must pass after the
creation, recording, or receipt of a record, or the fulfillment of
certain actions associated with a record, before it is eligible for
destruction.
Section 2. Establishment and
Administration of Southlake Records Manaqement Proqram
That the Office of City Secretary is authorized to establish and
administer the Records Management Program for the City of
Southlake, Texas, pursuant to legal, fiscal, administrative, and
archival requirements and the City Secretary or his/her designee is
hereby named Records Management Officer. To this end, the City
Secretary will implement, but not be limited to, a program to
encompass such areas of records management as are required to
Ordinance No. 497, Creating Records Management
page 4
preserve and keep in order all books, papers, documents, records
and files of the City Council and of the executive departments to
achieve the following goals:
A.
Release space and reduce the need for storage and filing
equipment.
Establish an efficient retrieval operation for both
active and inactive municipal records;
B.
C.
Provide for routine disposition of paperwork;
D.
Maintain total security over municipal records;
E.
Communicate the need of an effective Records Management
Program; and,
F.
Secure a central records storage facility which can be
operated and maintained by records management staff.
Section 3.
Purpose of Records Manaqement proqram
That this Ordinance shall be known and may be cited as the "Records
Management Program of the City of Southlake, Texas", providing for
the proper and efficient management of the municipal records of the
City of Southlake, Texas.
Since the citizens of Southlake have a right to expect efficient
and cost-effective government and recognizing the importance of
local government management of City records is necessary to the
effective and economic operation of the City, the preservation of
records of permanent value is necessary to provide the people of
the State with resources concerning their history and to document
their rights of citizenship and property, and the establishment of
uniform standards and procedures for the maintenance, preservation,
microfilming, or other disposition of City records is necessary to
fulfill the higher public purpose.
City Records Declared Public Property
All City records as defined in Section 1, herein are hereby
declared to be property of the City of Southlake, Texas. No City
Official or employee has, by virtue of his or her position, any
personal or property right to such records even though he or she
may have developed or compiled them. The unauthorized destruction,
removal from files, or use of such records is prohibited.
Section 4.
Ordinance No. 497, Creating Records Management
page 5
Section 5.
Policy
It is hereby declared to
provide for efficient,
creation, distribution,
disposition of all City
integrated procedures for
creation to their ultimate
be the policy of the City of Southlake to
economical, and effective controls over the
organization, maintenance, use, and
records through a comprehensive system of
the management of records from their
disposition.
Section 6.
Duties of Records Manaqment Officer
The Records Management Officer shall have the following duties, and
others as assigned by the City Council and as provided by State Law:
Assist in establishing and developing policies and
procedures for a Records Management Program for the
City, which program shall include basic files management
and records disposition policies, systems, standards,
and, procedures;
A.
Administer the Records Management Program and provide
assistance to custodians for the purposes of reducing
the costs and improving the efficiency of recordkeeping;
B.
C.
In cooperation with the custodians of the records:
a.
b.
c.
Prepare and file with the director and librarian
before January 2, 1995, the records control
schedules and the list of obsolete records,
required by the Act;
Prepare and file with the director and librarian
amended schedules as needed to reflect new records
created or received by the City.
Prepare or direct the preparation of requests for
authorization to destroy records not on an approved
control schedule as provided by the Act, of
requests to destroy the originals of permanent
records that have been microfilmed, and of
electronic storage authorization requests;
D.
In cooperation with custodians, identify and take
adequate steps to preserve City records that are of
permanent value;
E.
In cooperation with custodians, identify and take
adequate steps to protect essential City records;
Ordinance No. 497, Creating Records Management
page 6
F.
G.
H.
In cooperation with custodians, ensure the
maintenance, preservation, microfilming,
destruction of records is carried out in accordance
with the policies and procedures of the City's
Records Management Program and requirements of
State Law;
Report annually to the City Council on program
effectiveness;
Provide records management advice and assistance to
all City offices and departments, by preparation of
manuals of procedure and policies and by on-site
consultation;
1.
Carry out destruction and transfers that are
required by records schedules, and carry out
microphotography tasks when staff and central
facility becomes available;
J.
Design and manage the operations of a Records
Center for the low cost storage of inactive records
and as a future site for a centralized
micrographics program;
K.
Develop a Citywide forms design and control system;
L.
Establish in cooperation with other responsible
town officials a disaster plan for each City office
and department to insure maximum availability of
records for re-establishing operations quickly and
with minimum disruption and expense;
M.
Bring to the attention of the City Manager any
office not in compliance with laws or ordinances
regarding public access to information or
protection of privacy;
N.
Disseminate to the City Council and custodians
information concerning State Laws, administrative
rules, and the policies of the City relating to
local government records through a records manual
which may be amended from time to time and other
means of communication; and,
o.
In cooperation with custodians, establish procedures
to ensure that the handling of records in any
context of the Records Management Program by the
Ordinance No. 497, Creating Records Management
page 7
Section 7.
Records Management Officer or those under the
Officer's authority is carried out with due regard
for the duties and responsibilities of custodians
that may be imposed by law and the confidentiality
of information in records to which access is
restricted by law.
Duties and Responsibilities of City Council
The City Council shall:
A.
B.
C.
Section 8.
Establish, promote, and support an active and
continuing program for the efficient and economical
management of all City of Southlake records;
Cause policies and procedures to be developed for
the administration of the program under the
direction of the Records Management Officer;
Facilitate the creation and maintenance of City
records containing adequate and proper
documentation of the organization, functions,
policies, decisions, procedures, and essential
transactions of the City and designed to furnish
the information necessary to protect the legal and
financial rights of the City, the State, and
affected by the activities of the City government;
D.
Facilitate the identification and preservation of
City Records that are of permanent value;
E.
Facilitate the identification and protection of
essential City records;
F.
Cooperate with the Commission in its conduct of
Statewide records management surveys; and,
G.
Review of a records control schedule or amended
schedule by the officers of the City as it
considers necessary.
Custodians of Records in the City shall:
Duties and Responsibilities of Custodians
A.
Cooperate with the Records Management Officer in
carrying out the policies and procedures established
Ordinance No. 497, Creating Records Management
page 8
B.
C.
by the city for the efficient and.
economical management of records and ln carrying
out requirements under the Act;
Adequately document the transaction of City
business and the services, programs, and duties for
which the custodian and the custodian's staff are
responsible;
Maintain the records in the custodian's care and
carry out their preservation, microfilming,
destruction, or other disposition only in
accordance with the policies and procedures of the
City's Records Management Program and the
requirements of the Act and rules adopted
thereunder; and
D.
Designate records officers within their offices and
provide the Records Management Officer the names of
the designees and all persons working under their
supervision, such records officers to report
directly to the custodian in their department on
matters relating to the Records Management Program
and have full access to all files in their
respective departments.
State law relating to the duties, other responsibilities, or
reordering requirements of a custodian of local government records
does not exempt the custodian or the records in the custodian's
care from the application of this Ordinance and rules adopted by
the State under the Local Government Records Act of 1989 and may
not be used by the custodian as a basis for refusal to participate
in the City of Southlake Records Management Program, the
establishment of which is required by State Law.
Section 9.
Microfilminq of Records
For the benefit of this section, "Microfilm" means roll microfilm,
microfiche, and all other formats produced by any method of
microphotography or other means of miniaturization on film.
For the benefit of this section, "Microfilming" means the methods,
procedures, and processes used to produce roll microfilm,
microfiche, or there microphotographic formats.
All microfilming activities by custodians must be carried out on or
after April 1, 1990, under rules established by the Commission
which rules will establish standards and procedures for the
microfilming of City records under Chapter 204, of the Act. All
Ordinance No. 497, Creating Records Management
page 9
microfilm produced before June 1, 1990, under law prior.to the Act
is validated to the extent the microfilm was produced ln the manner
and according to the standards prescribed by prior law.
All City of Southlake procedures and materials used for
and microfilming City records shall be done and acquired
aegis of State Law, and the City will be subject to all
rules, standards and procedures as outlined in the Act.
microfilm
under the
the law,
Section 10.
Electronic Storaqe of Records
For the purpose of this section "electronic storage" means the
maintenance of local government record data in the form of digital
electronic signals on a computer hard disk, magnetic tape, optical
disk, or similar machine-readable medium.
For the purpose of this section, "source document" means the local
government record from which local government record data is
obtained for electronic storage. The term does not include backup
copies of the data in any media generated from electronic storage.
Any City record data may be stored electronically in addition to or
instead of source documents in paper or other media, subject to the
requirements of the Act and rules adopted under it.
The City will be subject to rules established by the Commission for
standards and procedures for electronic storage and will be subject
to the provisions of Chapter 205 of the Act.
Section 2. Upon the adoption of this Ordinance, the City Secretary
is directed to file with the director and librarian within thirty
(30) days the name and office of the Records Management Officer of
the City and a copy of this Ordinance which establishes the Records
Management Program of the City of Southlake, Texas.
Section 3. Any individual, association or corporation violating
any portion or provision of this ordinance shall be deemed guilty
of a misdemeanor and, upon conviction therefore, shall be punished
by the assessment of a fine not exceeding $500.00, and a separate
offense shall be deemed committed upon each day during on or which
a violation occurs or continues.
Section 4. All ordinances or parts of ordinances in direct
conflict herewith are repealed to the extent of conflict only.
Section 5. Should any section, subsection, sentence, provision,
clause or phrase hereof be held to be invalid, void or
unconstitutional, for any reason, such holding shall not render
invalid, void, or unconstitutional any other sections, subsection,
sentence, provision, clause or phrase of this ordinance, and the
same are deemed severable for this purpose.
•
•
Ordinance No. 497 , Creating Records Management
page 10
Section 6 . This Ordinance shall take effect an. be in full force
on and after approval by the City Council, and up.n publication.
PASS ; , AND APPROVED oetca1 FIRST READING ON THIS 1 DAY OF
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APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: ,."- /5--
70
ADOPTED: 3 '�p / 0
EFFECTIVE: - -4/0
LOCAL GOVERNMENT
RECORDS ACT
TIMET ABLE
J one 1, 1990 - Deadline for designation of a
records management officer (RMO) by each local
government. Elected county officers are automatically
designated RM 0 sunder the Act.
J one 1, 1990 - Deadline for conforming ongoing
microfilming projects with standards and procedures of the
Texas State Library and Archives Commission. These
standards will be adopted by the commission on or before
April 1, 1990. Ne\v programs began after the adoption of
standards must conform to the standards from the start.
January 1, 1991 - Deadline for adopting written
records managelnent plan. Copy to be filed with the
director and librarian,
January 2, 1995 - Deadline for filing records
control schedules for the records of your office.
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
THE STATE OF TEXAS
)unty of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared Do - . L a-1+GL Billing Specialist for the Fort Worth
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
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCHRINE
MAR 11 6479291 CL • 358 1X57 L 57 . 60 34 . 20
march 11
ORDINANCE NO.497
AN ORDINANCE OF THE 7
CITY COUNCIL OF THE
CITY OF SOUTHLAKE
TEXAS PROVIDING
MENT AND ADMIN S-
TRATION OF A __. ._-__--
RECORDS MANAGE-
MENT PROGRAM FOR
THE CITY; PROVIDING
FOR PURPOSE OF
RECORDS MANAGE-
MENT PROGRAM; AU-
THORIZING THE CITY
SECRETARY TO ESTAB-
LISH AND ADMINISTER
THE RECORDS MAN-
AGEMENT PROGRAM
PROVIDING RECORDS SIGNED4-Xle.--4E7, ��r MANAGEME COUNCESHIS THE ' 6'LD A F' / /9cl
B S AND CUSTODIANS O�
ERIBED FOR THE CITYSECRE- ) BEFORE ME T NOTARY PUBLIC _
TARP CITY COUNCIL I
RECORDS; PROVIDING
OWNERSHIP OF MUNIC-
IPAL RECORDS AND
THE RES TARRANT COUNTY , TEXAS
TIESOFOFFICERSAND FICERS
EMPLOYEES WITH RE-
SPECT THERETO•PRO- ~
VIDING FOR THE DE-
STRUCTION,OR OTHER ?a' %' SUE A. RUSSELL 01 A F F I D A V I-S
DISPOSITION OFORIGI-
NAL MUNICIPAL PUB- �►i •° COMMISSION EXPIR S
LIC RECORDS AND ALL r •, `\ +7 OCTOBER 27, 1993
OTHER MUNICIPAL '�':i�,+
RECORDS; PROVIDING "1
A PENALTY CLAUSE;
') PROVIDING REPEAL-
( _ GC AD EERDO
I VIDING ANEFFELTIVE
4 DATE. ;PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
PASSEDANDAPPROVEDIN _
SECOND READING THIS
THE 6th DAY OF MARCH,
1990.
Gary Flckes REMIT TO : 400 W • SEVENTH, FW , TX 76102
Mayor of Southlake
ATTEST:
Sandra L.LeGrand
Fort City rery F.F V..' T ). ): (}i ( ; 9(�vM MIR F i,R 76197
Wor :rcST0 FORM: gram Tlor
6479291 ACCOUNT C I T 5 7 AMOUNT
NUMBER DUE 34 . 20
PAGE 1OF 1
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL PLEASE PAY 6, 34 . 20
SOUTHLAKE TX 76092 0 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
' IE STATE OF TEXAS
runty of Tarrant
Before me , a Notary P blic in and for said County and State , this day
personally appeared pE ✓ TYLOI Billing Specialist for the Fort Worth
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
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE DESCRIPTION AD SIZE TOTAL
INCH/LINE RATE AMOUNT
FEB 23 6470826 CL . 358 1X63 L 63 . 38 23 . 94
february 23
NOTICE OF
PUBLIC HEARING
NOTICE is hereby given to all
Interested persons that the City
Council of the City of South I ake,
Texas,will be holding a public
hea r i ng on Ma rch 6,1990,at 7:30
D.M.In the City Council Cham-
bersof City Hall,667 North Car-
roll Avenue,Southiake,Texas.
Pu rposeof the hea ring is tocon-
sider thefollowingordinanceln
second reading:
ORDINANCE NO.497
AN ORDINANCE OF THE
CITY COUNCIL OF THE I
CITY OF SOUTHLAKE, .J
TEXAS, PROVIDING ��!!
FOR THE ESTABLISH-MENT AND ADMINIS- SIGNgD (lJ�m, ,� /-1� /QCa
UBSCRIBED A TRATIONRECORD MANAGE A BEFORE ME , THIS THE 6.17 DAY OF a / 1
MENT PROGRAM FOR I NOTARY PUBLIC
THE CITY; PROVIDING ..6.1• 4•s. ..._......
FOR PURPOSE OF
RECORDS MANAGE-
MENT PROGRAM; AU- `" —i TARRANT C UNTY , TEXAS
THORIZING THE CITY At,ttY•.14-,
SECRETARY TOESTAB-
LISH AND ADMINISTER '�•°�� SUE A. RUSSE.L
jjam' :n
THE RECORDS MAN- y•: q COMMISSION EXPIRES
AGEMENT PROGRAM; 4hv.`• OI A F F I D A V T S
PROVIDING RECORDS �7� •i71 OCTOBER 27, 1993
FORMANAGEM THE CITY NT DUTIES
E 4•E".F.
TARY, CITY COUNCIL
AND CUSTODIANS OF
RECORDS; PROVIDING
RMUNIC-
IPAL RECORDS, AND
THE
THE RESPONSIBILI-
/---------- EMPLOYEES WITH RE-
SPECT - -
THERETO;PRO- 1FORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —�
VIDING FOR THE DE- _
__STRUCTION,OR OTHER
DISPOSITION OF ORIGI-
NAL MUNICIPAL PUB-
LIC RECORDS AND ALL REMIT TO : 400 W .. SEVENTH , FW , TX 76102
OTHER MUNICIPAL
O�� Wort
RECORDS; PROVIDING
A PENALTY CLAUSE; 1
PROVIDING REPEAL- %legram
REMIT TJ: X.. XV�<�+v0r(6ggX���(,�(f6 O�.�(MC��(Y61g7
ING AND SEVERABILI-
TYCLAUSES;AND PRO- f
VIDING AN EFFECTIVE -- --
6470826 DATE. ACCOUNT C I T 5 7 AMOUNT DUE 23 . 94
City of Southlake NUMBER
Sandra L.LeGrand —
City Secretary
PAGE a 1
CITY OF SOUTHLAKE ORIGIN
667 N CARROLL PLEASE PAY 23 . 94
SOUTHLAKE TX 76092 0 THIS AMOUNT PI
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED