85-005 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY ADDING SECTIONS 2-108 THROUGH 2-114
ORDINANCE N0. 85-005
AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS,
PROVIDING THAT THE CODE OF ORDINANCES, PARIS, TEXAS, BE
AMENDED BY ADDING SECTIONS TO BE NUMBERED 2-108 THROUGH
2-114, PROVIDING FOR THE DESTRUCTION OF CERTAIPI PUBLIC
RECORDS AS AUTHORIZED BY ARTICLE 6574 (c) OF THE TEkAS CIVIL
STATUTES; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF MARCH l,
1985.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS:
Section l. That Chapter 2 of the Code of Ordinances of
the City of Paris be amended by adding Article VII to read
as follows:
"Article VII. Microfilming, Retention and Destruction
of Public Records.
Section 2-108. Microfilming of Public Records.
Original public records of the City of Paris may
be microfilmed if the process accurately and perma-
nently copies, reproduces or originates the public
record on film, if the following requirements are met:
(1) an indices is maintained to the microfilm
records;
(2) the microfilm process meets the requirements
of the United States of America Standards
Institute for archival quality, density,
resolution, and definition;
(3) the City Clerk or a named person acting on
behalf of the City Clerk is available to
check and certify that each microfilm record
is a true and correct duplication of the
original public record, and;
(4) the public is guaranteed free access to the
public records contained on the microfilms.
Section 2-109. Status of Microfilmed Records.
Microfilmed records produced in accordance with
the requirement of Section 2-108 is an original record
of the City of Paris. A copy of such microfilmed
record on paper or film and certified to by an official
record keeper of the City of Paris will be accepted as
a certified copy of an original record.
Section 2-110. Destruction of Records.
Original public records of the City of Paris which
are microfilmed in compliance with Section 2-108 may be
destroyed as directed by the governing body with the
advice and consent of the City Attorney, unless other-
wise required by Federal Law or State Law. Any
original public record of the City of Paris, the
subject matter of which is in litigation, may not be
destroyed until such litigation is final.
Section 2-111. Destruction of Worthless Records.
Original public records of the City of Paris which
are not microfilmed in compliance with Section 2-108
which have been determined worthless by the City
Council of the City of Paris may be destroyed as
directed by Resolution of the City Council.
Section 2-112. Disposition of Court Records.
It shall be the duty of the clerk of the Municipal
Court to preserve the records of such court, including
the dockets, for a period of at least one year follow-
ing the disposition of any particular cause and there-
after the same may be disposed of or destroyed upon
satisfying the requirements of Section 2-111; provided,
however, that the minutes of the court as bound in a
permanent volume which shows the final disposition of
each case corning into such court and the Judges Docket
Book shall be filed away and preserved as a permanent
record and may be used for such purposes as are
authorized by law.
The Judges Docket Books may, after the lapse of
five years from the date of final disposition of the
cases therein entered may be reduced to microfilm in
accordance with Section 2-108 and. destroyed in accor-
dance with Section 2-110.
Section 2-113. Notice of Proposed Destruction.
In all cases of proposed des*ruction of City of
Paris public records a notice of such proposed
destruction shall first be given to the State Librarian
or State Archivist and if such records are in his
opinion needed for t}ze State Library, the records shall
be transferred thereto instead of being destroyed.
Section 2-114. Penalty for Destruction of Records.
Any person violating any of the provisions of this
Artzcle shall be guilty of a Class "C" rlisdemeanor, and
upon conviction shall be fined in any sum not to exceed
$200.00, the destruction of each plan, drawing,
document, record, chart, table, instrument or letter
constitutes a separate offense."
Section 2. Any person violating any of the pro-
visions of this ordinance shall be guilty of a Class "C"
Misdemeanor, and upon conviction shall be fined in any sum
not to exceed $200.00, the destruction of each plan,
drawing, dacument, record, chart, table, instrument or
letter constitutes a separate offense.
Section 3. All ordinances or parts of ordinances in
conflict herewith are hereby expressly repealed.
Section 4. ThiG ordinance shall become effective on
March 1, 1985.
Passed and adopted this llth day of February, 1985.
J e ra am, Mayor
ATTEST:
Mattie Cunningham, Assistant ity Clerk
APPR VED AS FORM:
1 T. K. Haynes, City Attorney