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<br />I <br /> <br />68 <br /> <br />ORDINANCE NO. 1978-18 <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SAN MARCOS, TEXAS, ESTABLISHING <br />PROCEDURES FOR REQUESTING INFORMATION, <br />INSPECTING CITY RECORDS, AND COPYING CITY <br />RECORDS; AUTHORIZING THE CITY MANAGER TO <br />COMPILE AND MAINTAIN A RECORDS RETENTION <br />SCHEDULE; PROVIDING A SEVERABILITY CLAUSE; <br />AND PROVIDING AN EFFECTIVE DATE. <br /> <br />WHEREAS, the Legislature of the State of Texas, in Article 6252- <br />17 a, V. A. C. S., has declared that it shall be the public policy of <br />the STATE OF TEXAS "that all persons are, unless otherwise expressly <br />provided by law, at all times entitled to full and complete informa- <br />tion regarding the affairs of government and the official acts of <br />those who represent them as public officials and elIlcployees"; and, <br /> <br />WHEREAS, said statute further provides that each governmental body <br />may promulgate reasonable rules of procedure for the inspection and <br />retention of City records; and, <br /> <br />WHEREAS, the City Council of the City of San Marcos, Texas, desires <br />to establish such procedures; now, therefore, <br /> <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br /> <br />I <br /> <br />Section 1. Requests for information from City records will be <br />handled only during the regular office hours of the City offices. <br />If the information is in active use or inactive storage and, therefore" <br />not available at the time a person asks to examine it, the custodian <br />of the public records shall certify this fact in writing to the <br />applicant and set a date and hour within a reasonable time when the <br />record will be available for inspection. <br /> <br />Section 2. No original records in any form may be taken from City <br />offices without the written permission of~the custodian of the records. <br /> <br />Section 3. Copies of City records shall be furnished upon request and I <br />payment of a reasonable fee for the reproduction of such records. <br />Charges for the copying of public records of the City shall be <br />established by the City Council. Suitable copies of all public recordsl <br />of the City shall be provided within a reasonable period of time after <br />the date copies were requested. <br /> <br />Section 4. Prepayment in cash of the anticipated costs for the <br />preparation of such records, may be required as a condition precedent <br />to preparation of such copies where the reproduction costs would be <br />unduly costly and would cause the City undue hard~hip if the costs <br />were not paid. <br /> <br />I <br /> <br />Section 5. The City Manager of the City of San Marcos is hereby <br />authorized to compile and maintain a time schedule for records retentic <br />Such schedule is to be prepared in accordance with State and Federal <br />laws and local ordinances and shall specify the period of time City <br />records which are no longer currently in use are to be retained before' <br />being destroyed. <br /> <br />Section 6. In the event a record has been destroyed in accordance <br />with the City's records retention schedule, a certificate to that <br />affect will be issued upon request. <br /> <br />Section 7. That if any provision of this Ordinance shall be held to <br />be void or unconstitutional, such holding shall in no way affect the <br />validity of the remaining provisions of this Ordinance, which shall <br />remain in full force and effect. <br />