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Home My WebLink AboutOrdinance 8700~ ~ r. w t ~~,. .s ORDINANCE N0. ~ ~Q~ AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION", OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY ADDING ARTICLE IX TO PROVIDE FOR MICROGRAPHICS OF CERTAIN MUNICIPAL RECORDS; PROVIDING FOR TYPES OF RECORDS TO BE FILMED; PROVIDING FOR INDICES TO MICROFORM RECORDS; PRO- VIDING FOR MICROGRAPHIC STANDARDS; PROVIDING FOR CERTIFI- CATION OF MICROFORM RECORDS; PROVIDING FOR PUBLIC ACCESS TO PUBLIC MICROFORM RECORDS; PROVIDING FOR DESTRUCTION OF CERTAIN ORIGINAL MUNICIPAL PUBLIC RECORDS; PROVIDING FOR DESTRUCTION OF CERTAIN OTHER MUNICIPAL PUBLIC RECORDS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; AND PROVIDING P,N EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 2, "Administration," of the Code of the City of Fort Worth (1964), as amended, is hereby further amended by adding the following new article: ARTICLE IX. MICROFILMING AND RETENTION OF RECORDS IN AD- MINISTRATIVE DEPARTMENTS AND AGENCIES OF THE CITY Sec. 2-63. Purpose and Scope of Article. This article provides for micrographic or microfilm processes which will accurately and permanently copy, reproduce and originate certain municipal records on film. This article applies only to records of City depart- ments and agencies which are under the=control and admin- istration of the City Manager as provided in Chapter VIII of the Charter. None of the provisions of this article shall apply to records of the City Council or to records which are under the care, custody and control of the City Secretary or the City Attorney. Sec. 2-64. Definitions. The following definitions shall apply in the inter- pretation of this article: (a) City department shall mean any city depart- ment or agency which is under the control and administration of the City Manager, as provided in Chapter VIII of the Charter, but shall not include the office of the City Secretary or the City Attorney. .. (b) Active records shall mean those records in current use which must be retained in a city department because frequent reference is necessary in the conduct of day-to-day operations. (c) Departmental records keeper shall mean a person or persons in a city department who shall be designated by the City Manager to act as his agent in the issuance and certi- fication of copies of records of such de- partment. (d) Inactive records shall mean those records in a city department which are seldom re- ferred to but which must be retained, tem- porarily or permanently, because of legal, fiscal, administrative or archival value. (e) Index shall mean a list describing the i'-terns of a collection and where they may be found; a catalog. (f) Microfilm shall mean tographic records or reduced in size from filmed. a film containing pho- images considerably the original material (g) Microform shall mean any medium containing micro-images, i.e. reduced images. (h) Microform record shall mean any record pre- served in one of the various formats of microfilm. . (i) Micrographics shall mean the art of reduc- ing any form of information to a microform medium; also termed microphotography or microfilming. (j) Municipal records shall mean all records, whether of public or private origin, housed in the city departments and administered by such departments. (k) Nonrecords shall mean all material not usually included within the definition of records, such as unofficial copies of docu- ments that are kept only for convenience or reference, stocks of publications and pro- cessed documents, library or museum material intended solely for reference or exhibition, and material with short-term value. (1) Original public records shall mean that portion of all documents, writings, let- ters, memoranda or other written, printed, typed, copied or developed materials which contains public information, as defined in Article 6252-17a of Vernon's Annotated Civil Statutes of Texas. -2- T y / rj v' ` ~.. Sec. 2-65. Micrographics of Certain Municipal Records. (a) The City Manager is authorized to provide a micro- graphics policy for the reproduction of or creation of microform municipal records in city departments.. (b) Types of records to be filmed. The micrographics policy established by the City Manager may be applied to any municipal record located in any city department, including, but not limited to documents, notices, correspondence, memo- randa, any writing or communication, or any record of any department of the city. (c) Indices of microform records.. The Office of Management Services shall assist the city departments in the development of indices to microform records, said indices to be maintained and kept current by the Office of Management Services through the assistance of the departments. (d) Micrographic standards. Microfilm shall meet the requirements of the United States of America Standards Institute for archival quality, density, resolution and definition, except that microfilm intended only for+short-term use, as determined by the City Council thro~igh approved rec- ords retention schedules. (e) Certification of microform records. A departmental records keeper of the City shall check and certify that each microform record is a true and correct duplication of the original municipal rec- ord. A microform record of the City is an original record and will be accepted by any court or adminis- trative agency of this state, and, when issued and certified by a departmental records keeper of the -3- j' ], y ~S n. City, a copy on paper or film of a microform record will be accepted as a certified copy of an original record by any court or administrative agency of this state or of the United States. (f) Public access to public microform records. The public shall have free access to information in microform records to which the public is entitled under law, just as if the microform record were the original record. Sec. 2-66. Destruction of Certain Original Munic- ipal Public Records. (a) Original municipal records which are located in city departments and are microfilmed in compliance with this article may be destroyed as directed by the City Council with the advice and consent of the City Attorney, unless otherwise required by federal or state law, provided that notice of proposed destruc- tion 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. (b) Any original municipal public record, the subject matter of which is in litigation, may not be de- stroyed until such litigation is final. (c) Original municipal public records which are not mic- rofilmed in compliance with this article or which are determined worthless by the City Council may be de- stroyed as directed by the City 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 -4- << :~' the State Library, the records shall be transferred thereto. e Sec. 2-67. Destruction of Certain Other Municipal Records. (a) Municipal records in City departments other than those records defined in this article as original public records may be disposed of upon approval of the Records Manager in the Office of Management Services and the legal custodian of such records in the City department. (b) Notice of proposed destruction or disposition of all nonpublic municipal records, including records series titles, descriptions, inclusive dates and volumes, shall first be given to the Records Manager in the Office of Management Services, and said proposed de- struction shall be subject to approval by the Office of Management Services and in compliance with estab- lished record retention schedules. SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and the Code of the City of Fort Worth, Texas (1964), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such code, in which event conflicting provisions of such ordinances and such code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of -5- ,; a i~rv 1 •~ this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any such un- constitutional phrase, clause, sentence, paragraph or section. SECTION 4. This ordinance shall be in full force and effect from and after the date of its passage. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : ~ ~ ` ~ 5 - g ~-- ADOPTED: /1-iy/-8Z EFFECTIVE: it - ~ y -&2- -6- .t ~._ ~, i r;,, MA6!'~{Y F14E~ 1 '( 121rv n~+~xfi~a~+=rr: ~ A¢eedn~lNf3~ t 7RAN1AOR7ATIB CAWT 'ROBS MtI~A~Q+~ REFERENCE NUMBER SUBJECT Ordinance Providin fOr the g PAGE 12/14/82 **G- 5497 Microfilming of Various City Records for 1_.__ The City Manager desires to microfilm certain public records in City departments which report to him Texas law (Article 6547c, VAC S.) provides that a city may utilize microfilmed public records only if an ordinance is adopted to esta- blish the"procedures for microfilming S~icti an ordinance must contain provisions (a) Specifying the types of records to be filmed, (b) Requiring indices to microfilm records, (c) Requiring the use of archival quality microfilm, (d) Providing for persons to check and certify copies of microfilm records, and, (e) Guaranteeing public access to the records When an ordinance is adopted, microform public records legally are treated as original records and certified copies must be accepted by Texas courts and admini- strative agencies. The City Counccl then can authorize the destruction of ori- ginal public records which have been microfilmed unless the State Library desires to retain such original records Attached is an ordinance which would provide for the microfilming of public record in departments which report to the City Manager The ordinance would rot apply to records of the City Council or to records which are under the care, custody and control of the City Secretary or City Attorney The ordinance was drafted by the City Attorney's Office and satisfies the requirements of State law. The ordinance has been approved by the Office of Management Services and the City Manager's Office The City Secretary also has reviewed the ordinance and has no objection to it P.ecommendation It is recommended that the City Council adopt the attached ordinance to establish procedures for the microfilming of public records in departments which report to the City Manager APPRQVED BY RAM:; c CITY CQt~I~IClL Attachment 2 U ~ G ~.~ 198 ~~ rr.. .c~3'~`1'~'r''"~.. acretarr of Lh~ ps ~OL6 HO;tDl~ t~~ SUBMITTED FOR THE ~ /~ CITY MANAGER'S / / DISPOSITION BY COUNCIL. PROCESSED BY / ~ C)FFICE BY ~ ^ APPROVED ORIGINATING OTHER (DESCRIBE) DEPARTMENT HEAD: Wade Adk1nS CITY SECRETARY TIONAL INFORMATI 7623'DO dk TED ORDINANCE ~ ~ ins EXt CONTACT Wade A f