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Ordinance 1997-03 ORDINANCE NO. � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS AMENDING THE WYLIE CODE OF ORDINANCES, CHAPTER 1 GENERAL PROVISIONS, SECTION 17 ADOPTING RECORDS CONTROL SCHEDULES IN COMPLIANCE WITH MINIMUM REQUIREMENTS ON RECORDS RETENTION SCHEDULES ISSUED BY THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION PURSUANT TO SECTION 203.041, LOCAL GOVERNMENT CODE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Wylie adopted Ordinance 91-20 on October 8, 1991 that established the City's Records Management Program for the orderly and efficient retention, retrieval and destruction of records of the City of Wylie; and WHEREAS, the 74th Legislature enacted Senate Bill 366 that permits local governments to file a written declaration that records control schedules have been adopted that comply with the minimum requirements on records retention schedules issued by the Texas State Library and Archives Commission; and WHEREAS, the City of Wylie in conformity with the Local Government Records Act desires to continue the efficient and economical management program of all City of Wylie records. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Wl(LIE, TEXAS: SECTION 1: That Chapter 1 General Provisions, Section 17 Records Management Pragram, Definitions "Records control schedule" is hereby amended in its entirety to read as follows: "Records control schedule: a document issued by the commission under authority of Subchapter C, Chapter 203, Local Government Code establishing minimum retention periods for City records." SECTION 2: That the City of Wylie hereby adopts the records control schedules that comply with the minimum requirements on records retention schedules issued by the Texas State Library and Archives Commission. SECTION 3: Upon adoption of this ordinance, the City Secretary/Records Management Officer is directed to file with the director and librarian the Declaration of Compliance with the Records Scheduling Requirement of the Local Government Records Act pursuant to Subchapter 203.041(a)(2), Local Government Code. SECTION 4: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 5: If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 6: This ordinance becomes effective immediately upon its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this the 24th day of February, 1997� �` �f ; j` Jim Swa , Mayor V Susan ,��i,l�r; Ci#y Secretary : ���. �='=::-.: ��i o�a. N�: - b�a.�.�- '+f ��;� o l,y;.;,f . � _[�_ . 1�43�16- UtS 5���.E �, T�xas Sta�e Library and Arc hives Commission S:.... �} �':' � � r! i � ' State and Local Records Management Division �..!/� �` ����� 1'. O. Box �12927, Austin, TX 7371�.-2927 Telephone: (512) 452-9242 Declaratian uf Compliance yvith the R�cards Scheduling htequirement of the Local �overnment Records Act (Submitted pursuant to § iO3.U=�1(a)(2), Local Government Cude) Ci.ty of Wylie ------------ Name of Government 2000 Highway 78 North - ---------- Address Wylie, Texas 75098 972/442-8100 City and Zip Telephone As records management officer for the local government or elective county office named, I hereby declare, that in lieu of 61ing records contrc�l schedules, we have adopted records control schedules that comply with minimum requirements established on records retention schedules issued by the Texas State LiL�rary and Archives Commission (as checked below) for use in our records management program. In doing so, I also certify that ttie administrative rules for electronic records, adopted by the commission under § 205.003(a), Local Government Code, will be f'olldwed for records subje.ct to the rules. I understand that: (1) the validity of this declaration is contingent on its acceptance for filing by tl�e commission; (2) if we have previously filed documentation with the commission in which we declared our intent to retain all records perma- nently, we must attach amended documentation to this declaration before it can be accepted for filing; (3) the records control schedules adopted by this declaration may be arnended by filing for approval a Supplemental Records Control Schedule (SLR Form 509) on which are listed proposed retention periods for records that do not appear on schedules issued by the cvmmission (as checked below); (4) if a Supplement�l Records Control Sct�edule is not filed, we must file a Request for Authorization to Destroy Unscheduled Records (SLR SUI) in order to destroy records that do not appear on schedules issued by the commission (as checked below); (5) the c:ommission will supply us with subsequent editions of any schedules issued by the commission (as checked below) and supplemental forms for declaring compliance with amended requirements; and (6) should we file locally developed records control schedules under § 203.041(a}(1), Local Government Code, retention periods on any approved locally developed schedule shall prevail over those in any schedule adopted by this declaration in the event of any conflict. Check those schedules issUed by the commission with which your records control schedules, adopted by this declaration, comply: ❑ Schedule CC (Records of Covnty Clerks} � Schedule LC (Records of Justice and Municipal Courts) ❑ Schedule DC (Records of District Clerks) � Schedule PS (Records of Public Safety Agencies) � Schedule EL (Records of Elections and Voter Registration) � Sched�ale PW (Records of Public Works and Services) G� Schedule GR (Records Common t� All Govern►nents) ❑ Schedule SD (Records of Public School llistricts) � Schedule HR (Records of Public Health Agencies) ❑ Schedule TX (Records of Property Taxation) ❑ Schedule JC (IZecords oF Public Junior Colleges) � Schedule UT (Records of Utility Services) TexasState!LitiraryanclArchives Comrnissinn Use Oniy Name (printed or ped): Susan Shuler ___ Aece�ted �crr �ilmg , �'����W�"`' ` Signatur • -- Dafe ���}��� ', 5L1�508'(8-95) Date: February 24, 1997 �