Ord No 05-13-2152ORDINANCE NO. 5-13-2152
An Ordinance relating to public records; amending the City of South Miami
Code of Ordinances Section 2 -18, (a) through (g) entitled "Photographing
Imallin and destruction of public records ".
WHEREAS, one of the most important duties of the city clerk's office is overseeing the
retention and disposition of records; and
WHEREAS, technology advances at a more and more rapid speed every day, changing
the way we handle our records such as in the case of "digitizing" which has replaced
"microfilming "; and
WHEREAS, it is the recommendation of the city attorney and the city clerk to amend the
code and bring it up to date.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Sec. 2 -18 of the City of South Miami Code of Ordinances shall be
amended to read:
(a) Authority of city clerk. The city clerk shall have the power to order the destruction
of public records of the city, as per the state General Records Schedule for State
and Local Government Agencies (schedule GSI). with or without photographing
sue , eras prior- to their ` estr ""tion. Before the clerk shall order any public
records destroyed by any department head, official or employee, such destruction
shall be approved by the records retention committee. Records may be
photographed or miorofilmed digitized, whether destroyed or not.
(b) Record's retention committee. There is hereby created a records retention
committee consisting of the city clerk, the aireetor of fir^„^°, the city attorney
and the city manager. The city manager shall be the chairman of the committee.
The records retention committee shall make and promulgate suitable rules, within
the limitations of this chapter, governing the destruction, or r„ erofi mi
digitizing and destruction of public records of the city. Nothing herein contained,
however, shall relieve the records retention committee of the duty of investigating
and approving the destruction of each individual group of records when it is
proposed that such group of records be destroyed.
Additions shown by underlining and deletions shown by eve foking.
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Ord. No. 5 -13 -2152
(4)Cc) Survey of records by department. At intervals at the discretion of the department
head, the head of each department of the city shall make, or cause to be made, a
survey of the records of his department, and shall forward to the city clerk for
consideration by the records retention committee, his recommendations as to
destruction, mierofilming digitizing or mierefilming digitizing and destruction, of
any of the records of his department.
(e)(d) Unauthorized destruction of records. It shall be unlawful for any person willfully
to destroy public records of the city without proper authority to do so.
(#)(e) Records retention schedule. The term "Record Retention Schedule shall mean the
state General records schedule for state and local government agencies currently
referred to as schedule GSI) and this schedule and rule for the retention and
destruction of public documents is hereby adopted. The retention and destruction
of public records as provided in subsections (a) through (e) (d) of this section 2 -18
are to be controlled and governed by that "Records Retention Schedule," a copy
of which is on file in the city clerk's office.
(g)M Official custodian. The city clerk shall be the custodian of the "Records Retention
Schedule," and shall ascertain that all actions taken under the provisions of
section 2 -18 conform to the provisions of the "Records Retention Schedule."
(g) Digitizing. Whenever the term digitizing is used in this ordinance it shall mean
the recording on a medium other than paper and shall be the method commonly
used at the time of recording.
X XXX�C 7C
Section 2. Codification. The provisions of this ordinance shall become and be made part
of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re- lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Additions shown by underlining and deletions shown by everstfikiiig.
Page 2 of 3
1111"M I
(4)Cc) Survey of records by department. At intervals at the discretion of the department
head, the head of each department of the city shall make, or cause to be made, a
survey of the records of his department, and shall forward to the city clerk for
consideration by the records retention committee, his recommendations as to
destruction, mierofilming digitizing or mierefilming digitizing and destruction, of
any of the records of his department.
(e)(d) Unauthorized destruction of records. It shall be unlawful for any person willfully
to destroy public records of the city without proper authority to do so.
(#)(e) Records retention schedule. The term "Record Retention Schedule shall mean the
state General records schedule for state and local government agencies currently
referred to as schedule GSI) and this schedule and rule for the retention and
destruction of public documents is hereby adopted. The retention and destruction
of public records as provided in subsections (a) through (e) (d) of this section 2 -18
are to be controlled and governed by that "Records Retention Schedule," a copy
of which is on file in the city clerk's office.
(g)M Official custodian. The city clerk shall be the custodian of the "Records Retention
Schedule," and shall ascertain that all actions taken under the provisions of
section 2 -18 conform to the provisions of the "Records Retention Schedule."
(g) Digitizing. Whenever the term digitizing is used in this ordinance it shall mean
the recording on a medium other than paper and shall be the method commonly
used at the time of recording.
X XXX�C 7C
Section 2. Codification. The provisions of this ordinance shall become and be made part
of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re- lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Additions shown by underlining and deletions shown by everstfikiiig.
Page 2 of 3
Ord. No. 5 -13 -2152
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is
not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the
appearance of being in conflict when the two ordinances can be harmonized or when only a
portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the
ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 5th day of February , 2013.
ATTEST:
CITY CLERK
1st Reading - 1/22/13
2nd Reading - 2/5/13
1ITI—M
APPROVED:
COMMISSION VOTE:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Newman:
Yea
Commissioner Harris:
Yea
Commissioner Welsh:
Yea
WAMy Documents \resolutions \Ordinance public records amendment Sec 2- 18.doc
Additions shown by underlining and deletions shown by ovefstfiking.
Page 3 of 3
111011AMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MiAMi -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/Va Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Mlami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - FEB. 5, 2013
in the XXXX Court,
was published in said newspaper in the issues of
01/25/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securin Is adv a ent for publication in the said
newsp4r.,� ,0
Sworn to and subSoMyed-befQre me this
2013
4Pe• a,gy MAfliA MESA
Notary Public - State of Florida
O.V. FERBEYRE persona Q 4 e MY Comm. Expires Mar 4, 2016
=,'>f p Commission # EE 168275
+t�O Bonded Through National Notary Assn.
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE iS HEREBY given that the City Commission of the City of
South Miami, Florida will conduct Public Hearings) at its regular City
Commission meeting scheduled for Tuesday Febru_A 5. 2013,
beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset
Drive, to consider the following item(s):
A Resolution authorizing the City Manager to execute an
agreement, not to exceed a term of three years, with the law firm
of Nabors, Gibfin & Nickerson, P.A., to represent the City of
South Miami during the negotiations of the franchfse renewal
agreement with FPL.
A Resolution authorizing the City Manager to enter into the
Community Space Lease Agreement with Miami -Dade County
for lease of 6701 SW 62 Avenue, South Miami, Florida for one
( 1)yearwitha one (1) option torenew. '
An Ordinance relating to public records; amending the City of
South Miami Code of Ordinances Section 2.18, (a) through (g)
entitled.!Photegrati" Imagincl and destruction of public
records ".
An Ordinance relating to lobbyists; amending the City of South
Miami Code of Ordinances Section BA -5, (c) (1) entitled
"Registration and tiling requirements ",and ® (6) entitled "Fees ",
and, (d) (1) 'List of expenditures ".
An Ordinance amending the Section 20- 3.3(D) of the City's Land
Development Code adding Automotive Repair and Body Shop
as a special use within the GR- General Retail Zoning District.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's
Office at: 305- 663 -6340.
Maria M, Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that it a person decides to appeal any decision made by this
Board, Agency or Commission with'respect to any matter considered at
Its meeting or hearing, he or she will need a record of the proceedings,
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal isto be based. l2020630M
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