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