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31 ORDINANCE 1990- 100 CJ ',", 1\; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN ~ MARCOS, TEXAS DEFINING CITY RECORDS, DECLARING CITY RECORDS TO BE PUBLIC PROPERTY; DESIGNATING A RECORDS MANAG:&'ENT OFFICER; PROVIDING FOR THE DEVELOPMENT OF A RECORDS MANAGEMENT PROGRAM; PROVIDING FOR SEVERABILITY; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Title 6, Subtitle C, Local Government Records Act of the Texas Local Government Code provides that a City must establish by Ordinance an active and continuing records management program to be administered by a Records Management Officer; and, WHEREAS, the City of San Marcos 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 SAN MARCOS, TEXAS: SECTION 1. That Chapter 2, Administration, of the San Marcos Code of Ordinances is hereby amended by adding an ARTICLE XII to read as follows: ARTICLE XII. RECORDS RETENTION AND DISPOSAL Sec. 2-170. Definition of City Records. All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, created or received by the city or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the city whether public access to it is open or restricted under the laws of the state. These shall be created, maintained, and disposed of in accordance wi th the provisions of this Article or procedures authorized by it and in no other manner. Sec. 2-171. Additional Definitions. (1) "Department head" means the officer who by ordinance, order or administrative policy is in charge of an administrative unit of the city that creates or receives records. (2) "Essential record" means any record of the ci ty necessary to the resumption or continuation of operations of the city in an emergency or disaster, to the re-creation of the legal and financial status of the ci ty , or to the protection and fulfillment of obligations to the people of the state. (3) "Permanent record" means any record of the city for which the retention period on a records control schedule is given as permanent. (4) "Records control schedule" means a document prepared by or under the authority of the records management officer listing the records maintained by the city, their retention periods, and other records disposition information that the records management program may require.