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121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 12 43 ORDINANCE NO. _____ _ An Ordinance relating to public records; amending the City of South Miami Code of Ordinances Section 2-18, (a) through (g) entitled "Photographing Imaging and destruction of public records". /J.. 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. amended to read: Sec. 2-18 of the City of South Miami Code of Ordinances shall be (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 GSl). '.vith or ,vithout photographing such records prior to their destruction. 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 microfilmed digitized, whether destroyed or not. (b) Records retention committee. There is hereby created a records retention committee consisting of the city clerk, the director of finance, 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 microfilming 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. (c) A/anner of microfilming and destroying records; certificate. Microfilming of records shall be accomplished by the method or system best calculated to perpetuate records on film. Destruction of records shall be accomplished by Additions shown by underlining and deletions shown by overstriking. Page 1 of3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 casting them into the furnace at the city incinerator. Upon the destruction of any city records, as herein provided, the person destroying or witnessing the destruction of the same shall forthwith make and file with the city clerk a certificate describing the records destroyed, and certifying the date and manner of destruction. fd)f0. 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, microfilming digitizing or microfilming digitizing and destruction, of any of the records of his department. W@ 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. Will 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 W @ 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. Will 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 3 1 used at the time of recording. 32 33 ****** 34 35 36 Section 2. Codification. The provisions of this ordinance shall become and be made part 37 of the Code of Ordinances of the City of South Miami as amended; that the sections of this 38 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word 39 "ordinance" may be changed to "section" or other appropriate word. ~O Additions shown by underlining and deletions shown by overstriking. Page 2 of3 1 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 2 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 3 shall not affect the validity of the remaining portions of this ordinance. 4 5 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections 6 and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is 7 not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the 8 appearance of being in conflict when the two ordinances can be harmonized or when only a 9 portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the 10 ordinance in conflict can be harmonized by amending its terms, it is hereby amended to 11 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to 12 harmonize the two ordinances shall be repealed. l3 14 Section 5. Effective Date. This ordinance shall become effective upon enactment. 15 16 PASSED AND ENACTED this __ day of ,2013. 17 18 ATTEST: APPROVED: 19 20 21 22 CITY CLERK MAYOR '23 1 st Reading 24 2nd Reading 25 26 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 27 LANGUAGE, LEGALITY AND Mayor Stoddard: 28 EXECUTION THEREOF Vice Mayor Liebman: 29 Commissioner Newman: 30 Commissioner Harris: 31 Commissioner Welsh: 32 CITY ATTORNEY 33 34 35 36 37 38 39 W:\My Documents\resolutions\Ordinance public records amendment Sec 2-18.doc Additions shown by underlining and deletions shown by overstriking. Page 3 of3 MIAMI DAILY BUSINESS REVIEW Published Dally 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 ViC~ PRESIDENT, Legal Notices of the Miami Daily Business Review flk/a ~iami Review. a daily (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami in Miami·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 Affi~nt 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 mall matter at the post offi?e In Miami in said Miami-Dade County, Florida, for a penod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she h~s neither paid nor promised any person, firm or corporation any dlSC?Unt, .rebate, commission or refund for the purpose of secunn IS adv e ent for publication in the said 2013 O.V. FERBEYRE persona 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 Hearing(s) at Its regular City Commission meeting scheduled for Tuesday, Februarv 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. GibUn & Nickerson, P.A., to represent the City of South Miami during the negotiations of the franchise 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) year with a one (1) option to renew. i An Ordinance rel~ting to public records; amending the City of ~ South Miami Code of Ordinances Section 2-18, (a) through (g) entitled. '.'PAetelilffil3Rlfll'I Imaging and destruction of public records'. An Ordinance relating to lobbyists; amending the City of South Miami Code of Ordinances Section SA-5, (e) (1) entitled "Registration and filing requirements' .and © (6) entitled "Fees·, and, (d) (1) "List 01 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 il a person decides to appeal any decision made by this Board. Agency or Commission wihrespect to any matter considered al ils 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 Is to be based. 1125 13·3·265/2020630M SUNDAY; JANUARY