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HomeMy WebLinkAboutORD 2019-02 - Electronic SignaturesORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("CITY") AUTHORIZING ELECTRONIC SIGNATURES ON DOCUMENTS USED AND ACCEPTED BY THE CITY; AND DECLARING AN EFFECTIVE DATE. RECITALS The use of electronic signatures on legally -binding documents is becoming more and more prevalent. Allowing electronic signatures in communications and transactions with the City would benefit the City in the following ways: electronic signatures reduce the paper, time, and cost associated with transmitting and approving physical documents; they are easily accessible; and they create a simple record indicating when documents were signed and modified. It is the intent of the City Council to provide guidance on when electronic signatures may validate the identity of a signer on communications and transactions with the City. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT Section 1. The recitals set out above in this instrument are hereby adopted in whole as though each were set out herein. Section 2. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, and Chapter 551. Section 3. A. The following definitions apply to this chapter: 1. "Digital signature" has the same meaning as in Section 2054.060(e)(1) of the Texas Government Code. 2. "Electronic record" has the same meaning as in Section 322.022(7) of the Texas Business and Commerce Code. 3. "Electronic signature" has the same meaning as in Section 322.022(8) of the Texas Business and Commerce Code. 4. "UETA" means the Uniform Electronic Transactions Act, commencing at Section 322.001 of the Texas Business and Commerce Code. {00009958 / Q / LEGAL / ORD /} Page 1 of 2 B. In any communication or transaction with the City for which the parties have agreed to conduct the communication or transaction by electronic means, the following provisions apply: When a record is required to be in writing, an electronic record satisfies that requirement, if it is in accordance with the UETA. 2. When a signature is required, the parties may agree that either: a. An electronic signature satisfies that requirement, if it is in accordance with the UETA; or b. A digital signature satisfies that requirement, if it is in accordance with Section 2054.060 of the Texas Government Code. C. The City Manager shall determine acceptable technologies and vendors under this Chapter consistent with industry best practices to ensure the security and integrity of the data and the signature. The City Manager shall further determine the documents for which the City will accept electronic signatures. D. This Chapter is intended to enable the City to use electronic records, electronic signatures, and digital signatures to the fullest extent allowed by law, and does not limit the City's ability to use electronic records, electronic signatures, or digital signatures in any way. Section 4. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED ON FIRST READING on the 11 day of bcbeT-2018. PASSED AND APPROVED ON SECOND READING on the g day of Tan , 201 k7 ATTEST: Shelley Now n City Secretary {00009958 / Q / LEGAL / ORD /} THE CITY OF GEORGETOWN By; &e 4 ( Dale Ross Mayor Page 1 of 2 APPROVED AS TO FORM: Charlie McNabb City Attorney {00009958 / Q / LEGAL / ORD /} Page 1 of 2