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05-47 - OTOWN OF PROSPER, TEXAS ORDINANCE NO. 05-47 AN ORDINANCE OF THE TOWN OF THE PROSPER, TEXAS; REPEALING ORDINANCE NO. 95-06; ADOPTING RECORD MANAGEMENT PROCEDURES AND RETENTION SCHEDULES; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the Town of Prosper, Texas ("Prosper" or "town") to repeal Ordinance No. 95-06; and WHEREAS, the Town Council has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to establish and adopt record management procedures and records retention schedules recommended by the Texas State Library and Archives Commission and policies as set forth below; and WHEREAS, the Town Council has investigated and determined that it would be advantageous and beneficial to the citizens of Prosper to adopt record management procedures and to provide for records retention as set forth below. SECTION 1: Findings. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Repeal of Ordinance Nos, 95-06. Ordinance No. 95-06 is hereby repealed, such repeal to be effective as of the effective date of this Ordinance. SECTION 3: Definition of Town Records. In this Ordinance, the term "record(s)" shall mean: All papers, correspondence, memoranda, accounts, reports, maps, plans, photographs, electronic mail (emails), sound recordings, files, microfilm, microphotograph, magnetic or paper tape, punched card, or other documents, regardless of physical form or characteristic, which have been or shall be created, received, filed, or recorded by any town office or department or its lawful successor, or officials thereof in pursuance of law or ordinance or in the conduct, transaction, or performance of any business, duty, or function of public business, whether or not confidential or restricted in use, are hereby declared to be records of the town, and shall be created, maintained, and disposed of in accordance with provisions of this Ordinance and procedures authorized by it. SECTION 4: Town Records Declared Public Property. All records are hereby declared to be property of Prosper. No town 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 5: Fq[jgy. It is hereby declared to be the policy of Prosper to provide for a records management program that will provide efficient, economical, and effective controls over creation, distribution, organization, maintenance, use, and disposition of all records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition. SECTION 6: Adoption of Texas State Library and Archives Commission Records Retention Schedules for Local Governments/Adoption of Policies, The Texas State Library and Archives Commission Records Retention Schedules for Local' Governments, as they exist or may be amended, are hereby adopted as the "Record Retention Schedules" of Prosper. The RECORD RETENTION SCHEDULE ORDINANCE (REPEAL NO. 95-06) — Page I CADocurnents and Settings\Shanae Jennings\My Documents\ORDINANCES & RESOLUTION S\ORDINANC ES\2005 Ordinances and Resolutions\05-47, Record—Retention—Ordinance. DOC Town Secretary, or his/her designee, is hereby authorized to adopt any policies necessary to aid in complying with this Ordinance and the Record Retention Schedules. All records of Prosper shall be maintained and kept in accordance with this Ordinance, the Record Retention Schedules and said policies. SECTION 7: Duties of Town Secretarv. The Town Secretary, or his/her designee, shall have the following duties: (1) Planning, formulating, and prescribing basic files management and records disposition policies, systems, standards, and procedures. (2) Identify vital and permanent records, and provide the Record Retention Schedules for all records to each town department. Retention periods may be altered, but shall be no shorter than the time set forth in the Record Retention Schedule, if deemed necessary by either the Town Administrator, the Town Attorney, or the Town Secretary. (3) Reviewing this Ordinance and related policies annually and update or change as needed. (4) Coordinating the town -wide files management and records disposition programs and evaluating program effectiveness in an annual report to the Town Administrator. (5) Providing records management advice and assistance to all town offices and departments, by preparation of manuals of procedures and policies and by on-site consultation, as needed. (6) Developing, analyzing, and coordinating files maintenance and records disposition procedures, including but not limited to those prescribed by this Ordinance, to meet the current and long-term information needs of the town. (7) Carry out at the proper time actions such as microfilming, destruction and/or transfers that are required by the Record Retention Schedule. (8) Establish and monitor compliance with standards for filing and storage equipment and supplies in all town offices and departments, and report to the Town Administrator failure of any office or department to comply with standards. (9) Develop a town -wide forms design and control system. (10) Establish in cooperation with other responsible town officials a disaster plan for each town office and department to ensure maximum availability of records for re-establishing operations quickly and with minimum disruption and expense. SECTION 8: Responsibilities of Town Deoartment Heads. All town officers and department heads are responsible for implementation and operation of effective files operations, records transfers and dispositions and other activities in accordance with the provisions of this Ordinance, within their departments and areas of responsibility, including all boards and commissions related to the functions of the department. Department heads shall: (1) Cooperate with the Town Secretary in carrying out the policies and procedures established by the Town for the efficient and economical management of records and in carrying out the requirements of this Ordinance; (2) Identify vital and permanent records of their departments; (3) Maintain the records in his/her care and carry out their preservation or destruction only in accordance with the ordinances, policies and procedures of the town, including this Ordinance; (4) Review this Ordinance and related policies annually and make suggestions to the Town Secretary regarding needed updates or changes; (5) Implement and enforce the files management and records disposition programs, including but not limited to those prescribed by this Ordinance, within their departments and monitor compliance therewith within their departments and report to the Town Secretary any failure to comply with standards; and RECORD RETENTION SCHEDULE ORDINANCE (REPEAL NO. 95-06) - Page 2 C:\Documents and Settings\Shanae Jennings\My Documents\ORDINANCES & RESOLUTIONS\ORDINANCES\2005 Ordinances and Resolutions\05-47, Record -Retention -Ordinance. DOC (6) Act as the custodian of records for his/her department and ensure the integrity and safety of the records of his/her department. Department heads shall also designate at least one (1) qualified member of his/her staff to serve as record liaison officer within their departments for the implementation of this Ordinance and other applicable laws. Persons designated as record liaison officers shall assist the department head with his/her duties set forth herein, as requested to do so by the department head, and be thoroughly familiar with all records created and maintained by their department. Each departments' record liaison officer may act as the department head's agent in the issuance and certification of copies of records of the department. In the event of the resignation, retirement, dismissal or removal of the employee designated as the records liaison officer, the department head shall promptly designate another person to fill the vacancy. A department head may serve as the record liaison officer. Each department head shall provide the Town Secretary the name of such designee(s) under their supervision. SECTION 9: Texas Public Information Act to Control Public Access to Records. All requests received for records, and any fees or charges made therefore (including fees for research and all other fees authorized by state law), shall be handled by the custodian of said records in accordance with the Texas Public Information Act, Chapter 552 of the Texas Government Code, as it exists or made be amended. Any fees shall be collected by custodian of the records, or his/her designee, prior to or upon the distribution of said records to members of the public. SECTION 10: Savings/Regealinq Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 11: Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 12: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 14th DAY OF June, 2005. CHAfIEfS NISWANG5, MAYOR ATTESTED TO AND CORRECTLY RECORDED BY: SHANAE JENNIN , TOWN SEC TARY RECORD RETENTION SCHEDULE ORDINANCE (REPEAL NO. 95-06) - Page 3 CADocuments and Settings\Shanae Jennings\My Documents\ORDINANCES & RESOLUTIONS\ORDINANCES\2005 Ordinances and Resolutions\05-47, Record -Retention -Ordinance. DOC "?` Texas State Library and Archives Commission • _ State and Local Records Management and Archives PO Box 12927 • Austin, Texas 78711-2927 • Telephone 512-452-9242 Commission Declaration of Compliance with the Records Scheduling Requirement of the Local Government Records Act (Submitted pursuant to § 203.04 1 (a)(2), Local Government Code) Town of Prosper Name of Government P.O. Box 307 _ Address (972) Prosper, Texas 75078 346-2640 City and Zip Telephone As records management officer for the local government or elective county office named, I hereby declare, that in lieu of filing records control schedules, we have adopted records control schedules that comply with minimum requirements established on records retention schedules issued by the Texas State Library and Archives Commission (as checked below) for use in our records management program. In doing so, I also certify that the administrative rules for electronic records, adopted by the commission under is205.003(a), Local Government Code, will be followed for records subject to the rules. I understand that: (1) the validity of this declaration is contingent on its acceptance for filing by the commission; (2) if we have previously filed documentation with the commission in which we declared our intent to retain all records permanently, 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 amended 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 commission (as checked below); (4) if a Supplemental Records Control Schedule is not filed, we must file a Request for Authorization to Destroy Unscheduled Records (SLR 50 1) in order to destroy records that do not appear on schedules issued by the commission (as checked below); (5) the commission 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 County Clerks) ❑ Schedule DC (Records of District Clerks) ® Schedule EL (Records of Elections and Voter Registration) ❑ Schedule GR (Records Common to All Governments) ❑ Schedule HR (Records of Public Health Agencies) ® Schedule LC (Records of Justice and Municipal Courts) ® Schedule PS (Records of Public Safety Agencies) ® Schedule PW (Records of Public Works and Services) ❑ Schedule SD (Records of Public School Districts) ® Schedule TX (Records of Property Taxation) ❑ Schedule JC (Records of Public Junior Colleges) ® Schedule UT (Records of Utility Services) erexas State Library and Archives Commission Use Only Name (printed or d): Shanae Jennings Accepted for Filing: Signature: Date: SLR508 (8-95) Date: March 16, 2005 Instructions for Completing Form SLR 508 • Declaration of Compliance with the Records Scheduling Requirement of the Local Government Records Act Completion of this form is largely self-explanatory, but records management officers should keep the following in mind when preparing the form for submission. • Before submitting this declaration, make certain that you have the latest editions of the records retention schedules issued by the commission (see enclosed list) that are applicable to the records of your government. If you do not have the latest editions, contact the State and Local Records Management Division. • Elective county officers should indicate both their county and office (and precinct number, if applicable) under the name of the government. For example, Travis County Commissioner #3. • Declarations must be signed by the designated records management officer of the local government or elective county office. Declarations not signed by the records management officer will be returned for re -submission. • Do not declare the adoption of records control schedules that comply with schedules issued by the commission that are inapplicable to the records of your government. For example, a school district should not check Local Schedule CC, which is used exclusively by county clerks. Declarations indicating compliance with inappropriate schedules will be returned for re- submission. • If the policy statement (for elective county offices) or ordinance, order, or resolution (for local governments) you previously filed with the commission declares the intent to retain all records of your office or government permanently, you must submit amended documentation with this form, withdrawing that intent, to make this declaration acceptable for filing. A copy of this form indicating its acceptance for filing will be returned to the records management officer. For questions concerning the use of this form or the management of local government records, please call our government records consultant for your region or 512-452-9242. 0 9OUT12 Of P.O. Box 297 Prosper, Texas 75078 214/347-2304 ORDINANCE # 95-06 CITY RECORDS RETENTION WHEREAS, TEX. REV. STAT. ANN. ART. 6574c, PROVIDES THAT ANY INCORPORATED CITY MAY ADOPT AN ORDINANCE PROVIDING FOR THE MICROPHOTOGRAPHY, DESTRUCTION OR OTHER DISPOSITION OF PUBLIC RECORDS, AND WHEREAS, THE CITY OF PROSPER DESIRES TO ADOPT AN ORDINANCE FOR THAT PURPOSE AND TO PRO- VIDE FOR AN ORDERLY AND EFFICIENT SYSTEM OF RECORDS RETENTION, RETRIEVAL, AND DESTRUCTION: NOW THEREFORE: BE IT 02DAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER: SECTION 1. DEFINITION OF CITY RECORDS. ALL PAPERS, CORRESPONDENCE, MEMORANDA, ACCOUNTS, REPORTS, MAPS, PLANS, PHOTOGRAPHS, SOUND AND VIDEO RECORDINGS, FILES, MICROFORM, MAGNETIC OR PAPER TAPE, PUNCHED CARD, OR OTHER DOCUMENTS, REGARDLESS OF PHYSICAL FORM OR CHARACTE- RISTIC, WHICH HAVE BEEN OR SHALL BE CREATED, RECEIVED, FILED, OR RECOZDED BY ANY CITY OFFICE OR DEPARTMENT OR ITS LAWFUL SUCCESSOR, OR OFFICIALS THEREOF IN PURSUANCE OF LAW R ORDINANCE OR IN THE CONDUCT, TRANSACTION, OR PERFORMANCE OF ANY BUSINESS, DUTY, OR UNCTION OF PUBLIC BUSINESS, WHETHER OR NOT CONFIDENTIAL OR RESTRICTED IN USE, ARE HEREBY DECLARED TO BE RECORDS OF THE CITY OF PROSPER, AND SHALL BE CREATED, MAINTAINED, AND DISPOSED OF IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE OR PROCEDURES AUTHORIZED BY IT AND IN NO OTHER MANNER. LIBRARY AND MUSEUM MATERIALS ACQUIRED SOLELY FOR REFERENCE, EXHIBIT, OR DISPLAY AND STOCKS OF PUBLICATIONS SHALL NOT CONSTITUTE RECORDS FOR PURPOSE OF THIS ORDINANCE. SECTION 2. CITY RECORDS DECLARED PUBLIC PROPERTY, ALL CITY RECORDS AS DEFINED IN SECTION I OF THIS ORDINANCE ARE HEREBY DECLARED TO BE PROPERTY OF THE CITY OF PROSPER. 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 3. POLICY. IT .IS HEREBY DECLARED TO BE THE POLICY OF THE CITY OF PROSPER To - PROVIDE FOR EFFICIENT, ECONOMICAL, AND EFFECTIVE CONTROLS OVER THE CREATION, DISTRIBUTION, ORGANIZATION, MAINTENANCE, USE, AND DISPOSITION OF ALL CITY RECORDS THROUGH A COMPREHEN- SIVE SYSTEM OR INTEGRATED PROCEDURES FOR THE MANAGEMENT OF RECORDS FROM THEIR CREATION TO THEIR 'ULTIMATE DISPOSITION. SECTION 4. DUTIES OF RECORDS MANAGER. THE RECORDS MANAGER SHALL HAVE THE FOLLOWING DUTIES, AS ASSIGNED BY THE CITY MAYOR: HOWEVER, DUTIES ASSIGNED SHALL BE LIMITED TO RECORDS MANAGEMENT ACTIVITIES. (1) PLAN, FORMULATE, AND PRESCRIBE BASIC FILES MANAGEMENT AND RECORDS DISPOSITION OLICIES, SYSTEMS, STANDARDS, AND PROCEDURES. (2) PREPARE RECORDS RETENTION AND DISPOSITION SCHEDULES FOR ALL CITY OFFICES AND SECTION I •DEPARTMENTS, DEFINE AND IDENTIFY VITAL AND PERMANENT RECORDS, AND ESTABLISH RETENTION PERIODS FOR ALL RECORDS. RETENTION PERIODS SHALL BE NO SHORTER THAN DESIRED BY THE ORIGINATING OFFICE, BUT SHALL BE AS LONG AS DEEMED NECESSARY BY EITHER THE RECORDS MANAGER, THE CITY MAYOR. (3) REVIEW SCHEDULES ANNUALLY AND UPDATE OR AMEND AS NEEDED. (4) COORDINATE THE CITYWIDE FILES MANAGEMENT AND RECORDS DISPOSITION PROGRAMS AND REPORT ANNUALLY TO THE CITY COUNCIL ON PROGRAM EFFECTIVENESS IN EACH CITY DEPART- MENT. (5) PROVIDE RECORDS MANAGEMENT ADVICE AND ASSISTANCE TO MAYOR AND COUNCIL BY PREPARATION OF MANUALS OF PROCEDURES AND POLICIES AND BY ON-SITE CONSULTATION. (6) DEVELOP, DISSEMINATE, AND COORDINATE FILES MAINTENANCE AND RECORDS DISPOSI- TION PROCEDURES, INCLUDING BUT NOT LIMITED TO THOSE PRESCRIBED BY THIS ORDINANCE, TO MEET THE CURRENT AND LONG-TERM INFORMATION NEEDS OF THE CITY. (7) TRAIN OTHER PERSONNEL IN THE FUNDAMENTALS OF RECORDS MANAGEMENT AND THEIR DUTIES IN THE RECORDS MANAGEMENT PROGRAM. (8) CARRY OUT AT THE PROPER TIME ACTIONS SUCH AS DESTRUCTION, AND TRANSFERS THAT ARE REQUIRED BY RECORDS SCHEDULES. (9) DESIGN AND MANAGE THE OPERATIONS OF A RECORDS CENTER FOR THE LOW COST STORAGE �F INACTIVE RECORDS. (10) ESTABLISH AND MONITOR COMPLIANCE WITH STANDARDS FOR FILING AND STORAGE EQUIP- MENT AND SUPPLIES IN THE CITY OFFICE AND REPORT TO THE CITY MAYOR FAILURE OF ANY OFFICER TO COMPLY WITH STANDARDS. KEEP CAREFUL RECORDS OF SAVINGS IN EQUIPMENT, SUPPLIES, AND STAFF COSTS REALIZED THE CITY THROUGH IMPLEMENTATION OF RECORDS MANAGEMENT PROGRAM. REPORT ANNUALLY SUCH COST SAVINGS TO THE CITY MAYOR, THE REPORT SHALL INCLUDE THE AMOUNT OF STORAGE SPACE AND EQUIPMENT RELEASED FOR OTHER USES. (11) DEVELOP A CITYWIDE FORMS DESIGN AND CONTROL SYSTEM. (12) ESTABLISH IN COOPERATION WITH OTHER RESPONSIBLE CITY OFFICIALS A DISASTER PLAN FOR THE CITY OFFICE TO INSURE MAXIMUM AVAILABILITY OF RECORDS FOR RE-ESTABLISHING OPERATIONS QUICKLY AND WITH MINIMUM DISRUPTION AND EXPENSE. (13) DEVELOP PRECEDURES TO INSURE THE PERMANENT PRESERVATION OF THE HISTORICALLY VALUABLE RECORDS OF THE CITY. (14) PROTECT PRIVACY AND ASSURE AVAILABILITY OF PUBLIC INFORMATION FROM RECORDS STORED IN RECORDS CENTER: BRING TO ATTENTION OF CITY MAYOR ANY ONE NOT IN COMPLIANCE WITH LAWS OR ORDINANCES REGARDING PUBLIC ACCESS TO INFORMATION OR PROTECTION OF PRIVACY. (15) PREPARE AND SUBMIT ANNUALLY TO THE CITY MAYOR THE BUDGET REQUIRED OF THE RECORDS MANAGEMENT DEPARTMENT TO ENABLE IT TO FULFILL THE RECORDS MANAGEMENT GOALS OF THE CITY. IWECTION 5. RESPONSIBILITIES OF CITY DEPARTMENT HEADS. THE CITY OFFICE AND RECORDS ECORDS MANAGER ARE RESPONSIBLE FOR THE IMPLEMENTATION AND OPERATION OF EFFECTIVE (2) •FILES OPERATIONS, RECORDS TRANSFERS AND DISPOSITIONS, AND OTHER ACTIVITIES IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE. SECTION 6. CITY OFFICE TO USE RECORDS SCHEDULES. THE CITY OFFICE SHALL ADOPT RECORDS RETENTION AND DISPOSITION SCHEDULES AND DESTROY, TRANSFER, OR OTHERWISE DISPOSE OF RECORDS ONLY ACCORDING TO SUCH SCHEDULES. SECTION 7. DEVELOPMENT OF RECORDS RETENTION AND DISPOSITION SCHEDULES. RETENTION PERIODS TO BE INCLUDED IN RECORDS SCHEDULES SHALL BE SUBMITTED BY THE RECORDS MANAGER TO THE CITY MAYOR, WHO SHALL NOTIFY THE RECORDS MANAGER WITHIN 10 WORKING DAYS OF HIS APPROVAL OR OF ANY OBJECTION TO A RETENTION PERIOD. AT THE EXPIRATION OF THE TEN DAY PERIOD, IF NO OBJECTION HAS BEEN SUBMITTED, THE RECORDS SCHEDULE SHALL BE ADOPTED AND SHALL HAVE FULL FORCE AS SUFFICIENT AUTHORIZATION FOR RECORDS DESTRUCITON OR OTHER ACTION. IF OBJECTION IS MADE, THE RECORDS MANAGER SHALL DETERMINE A RETENTION PERIOD SATISFACTORY TO THE OFFICE OR DEPARTMENT CONCERNED, TO THE MAYOR. WHEN A RECORDS RETENTION AND DISPOSITION SCHEDULE IS ADOPTED, IT SHALL THENCEFORTH CONSTITUTE FULL AUTHORITY TO DESTROY, TRANSFER, MICROPHOTOGRAPH, OR TAKE OTHER ACTIONS, AND THE CITY COUNCIL HEREBY DIRECTS THAT SUCH ACTION BE TAKEN BY THE RECORDS MANAGER OR UNDER HIS SUPERVISION. THE RECORDS MANAGER SHALL NOTIFY THE STATE LIBRARIAN OF INTENDED DESTRUCTION, AS REQUIRED BY LAW, BUT NO FURTHER NOTICE TO THE CITY COUNCIL OR OTHER CITY OFFICE SHALL BE REQUIRED. REVISION OF RETENTION PERIODS SHALL BE SUBMITTED FOR REVIEW TO THE CITY COUNCIL IN THE SAME MANNER AS THE ORIGINAL RETENTION PERIODS. * ECTION 8. ONE-TIME DESTRUCTION OF OBSOLETE RECORDS. PRIOR TO ADOPTION OF RECORDS SCHEDULES FOR AN OFFICE, ONE-TIME, DESTRUCTION OF ACCUMULATED OBSOLETE RECORDS OF THAT OFFICE MAY BE MADE BY OR UNDER THE SUPERVISION OF THE RECORDS MANAGER. PRIOR TO SUCH DESTRUCTION THE RECORDS MANAGER SHALL SUBMIT LISTS OF RECORDS TO BE DESTROYED TO THE CITY COUNCIL, WHO SHALL GIVE NOTICE WITHIN 10 WORKING DAYS OF ANY RECORDS THEY BELIEVE SHOULD NOT BE DESTROYED, AND SUCH RECORDS SHALL BE RETAINED FOR A PERIOD SUGGESTED BY EITHER. THE RECORDS MANAGER SHALL ALSO SUBMIT NOTICE AS REQUIRED BY LAW TO -THE STATE LIBRARIAN. OBSOLETE RECORDS SHALL INCLUDE THOSE NO LONGER CREATED BY THE OFFICE OR DEPARTMENT AND NO LONGER NEEDED FOR ADMINISTRATIVE, LEGAL, FISCAL, OR OTHER RESEARCH PURPOSES. SECTION 9. PRESERVATION OF PERMANENT RECORDS. THE RECORDS MANAGER SHALL DEVELOP PROCEDURES TO INSURE THE PERMANENT PRESERVATION OF THE HISTORICALLY VALUABLE RECORDS OF THE CITY. THE RECORDS MANAGER SHALL PROVIDE HOUSING UNDER ARCHIVAL CONDITIONS FOR SUCH RECORDS IN THE RECORDS CENTER OR IN ANOTHER MUNICIPAL FACILITY AND IN SUCH - MANNER THAT THE RECORDS, UNLESS THEIR USE IS RESTRICTED BY LAW OR REGULATION, ARE OPEN TO THE PUBLIC FOR RESEARCH PURPOSES. IF CITY -OWNED FAICLITIES ARE NOT AVAILABLE, THE RECORDS MANAGER SHALL ARRANGE FOR THE TRANSFER OF THE RECORDS TO THE TEXAS STATE LIBRARY FOR PERPETUAL CARE AND PRESERVATION IN ONE OF ITS NEARBY REGIONAL HISTORICAL RESOURCE DEPOSITORIES, OR SHALL MAKE OTHER ARRANGEMENTS FOR THEIR PERMANENT PRESER- VATION NOT CONTRARY TO LAW OR REGULATION. IN NO CIRCUMSTANCES SHALL THE PERMANENT RECORDS OF THE CITY BE TRANSFERRED TO PRIVATE INDIVIDUALS, TO PROVATE HISTORICAL SOCIETIES OR MUSEUMS, OR TO PRIVATE COLLEGES OR UNIVERSITIES. SECTION 10. NON-CURRENT RECORDS NOT TO BE MAINTAINED IN OFFICE FILES. RECORDS NO ONGER REQUIRED IN THE CONDUCT OF CURRENT BUSINESS BY THE OFFICE OF THE CITY SHALL E PROMPTLY TRANSFERRED TO THE RECORDS CENTER OR ARCHIVES OR THE STATE LIBRARY, OR BE DESTROYED, AT THE TIME SUCH ACTION IS DESIGNATED ON AN APPROVED RECORDS SCHEDULE (3) SUCH RECORDS SHALL NOT BE MAINTAINED IN CURRENT OFFICE FILES OR EQUIPMENT. PASSED AND APPROVED THIS THE 14th DAY OF MARCH 1995 , BY ACTION OF THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS. SATTEST: SECRETARY S2 `-SHIR%,EY JA 0 Vj- • jf /GRADY MOTHERMON, MAYOR Ge/,'�1�4 (4)