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HomeMy WebLinkAboutO-12174J-01-1045 12/5/01 12 �4 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ("SRF") ENTITLED "CITY CLERK'S EXTENSIVE RESEARCH FEE FUND", AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,000, CONSISTING OF MONIES PAID IN ADVANCE FOR RESEARCH AND DUPLICATING COSTS WHENEVER AN EXTRAORDINARY TIME CONSTRAINT IS DESIGNATED BY PERSON(S) REQUESTING COPIES OF RESEARCH OR PUBLIC RECORDS FROM THE OFFICE OF THE CITY CLERK; AUTHORIZING THE REVENUES IN SAID SRF TO BE USED EXCLUSIVELY TO FUND THE GENERAL OPERATING BUDGET OF THE OFFICE OF THE CITY CLERK; AND DIRECTING THE CITY MANAGER TO ACCEPT AND DEPOSIT ALL REVENUES DERIVED FROM SUCH PUBLIC RECORDS REQUESTS INTO THIS SRF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, Ordinance No. 12154 amended Chapter 2, Article III, Division 4, of the Code of the City of Miami, Florida, as amended, to define and establish an "extensive research fee" in response to extensive, voluminous public records requests as authorized pursuant to Section 119.07, Florida Statutes; and 12174 WHEREAS, the City of Miami is desirous of responding to any requests requiring extraordinary expenditure of time by the Office of the City Clerk; and WHEREAS, whenever extraordinary time constraint is required to comply with a public records request, public records law allows agencies to request reasonable payment in advance for same, as well as full payment upon completion of said service; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble in this Ordinance are adopted by reference and incorporated as is fully set forth in this Section. Section 2. The following Special Revenue Fund is established and resources are appropriated as described: Fund Title: City Clerk's Extensive Research Fee Fund Resources: Anticipated revenues for extraordinary expenditure of time for research and duplicating services by the City Clerk $5,000 Appropriations: $5,000 Page 2 of 4 121 1 Section 3. The revenues in this Special Revenue Fund are authorized to be used exclusively to fund the General Operating Budget of the Office of the City Clerk. Section 4. The City Manager is directed to accept and deposit all revenues derived from such public records requests. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof." PASSED ON FIRST READING BY TITLE ONLY this 13th day of December , 2001. This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 3 of 4 2 1.7 4 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 10th day of January , 2002. �`� MANUEL A. DIAZ AYOR APPROVEDS FFM AND CORRECTNESS :t,,/ P'JA'NVILARELLO TY TTORNEY WZ77:LB:BSS Page 4 of 4 NOV-29-2001 18:20 J-01-825 9/25/01 CITY CLERKS OFFICE ORDINANCE NO. 12154 305 858 1610 P.05 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE III, DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, EN'T'ITLED "ADMINISTRATION, OFFICERS, CITY CLERK," TO DEFINE AND ESTABLISH AN "EXTENSIVE RESEARCH FEE" TO BE CHARGED IN CONNECTION WITH EXTENSIVE/VOLUMINOUS PUBLIC RECORDS REQUESTS IN ACCORDANCE WITH §119.07 FLA. STATS.; MORE PARTICULARLY BY AMENDING SECTION 2-142(e) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. BE IT. ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 2/Article III/Division 4 of the Code of -the City of Miami, Florida, as amended, is further amended in the following particulars:11 "CHAPTER 2 ADMINISTRATION ARTICLE III. OFFICERS words and/or figures stricken through shall be deleted. underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. A in A f+• 12174 NOV-29-2001 18:20 Sec. 2-142. CITY CLERKS OFFICE 305 858 1610 P.06 DIVISION 4. CITY CLERK Fees for copies of ordinances and other records. (e) in accordance with the provisions of Section 119.07 Florida Statutes, as amended, with respect to public records requests, the city is permitted and shall charge an "extensive research fee" whenever Wheg-e ams extraordinary time constraint is designated by the person requesting copies or research of public records or easse-etwes, requiring extraordinary expenditure of time by the city clerk's office or other city department acting as records custodian. Tt-o comply with the request time eenstrra4nn4, the city clerk or other city deprartment acting as records custodian, shall collect the cost of providing such extraordinary services (i.e. the "extensive research fee") in advance and in addition to the fees set forth in subsections (a) , (b) , (c) and (d) of this section. For puxposes of this section "extraordinary expenditure of time" shall, mean twenty minutes or more. The extensive research fee shall be calculated using the hourly wage of the rformina such services," Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 2 of 3 12177 NOV-29-2001 18:20 CITY CLERKS OFFICE 305 856 1610 P.07 PASSE:) ON FIRST READING BY TITLE ONLY this 25th day of September - , 2001, PASSED AND ADOPTED ON SECOND AND FINAL READING PY TITLE ONLY this 15th day of November 1 2001. JOE CAROLLO, MAYOR ,c::t-., ��. Cnf? S!�m -;-:C- d; rrc! not m 7C- bec regardnr, szrm, 1"'i4y0i 63 rri3ir ATTEST. W r J. eman, City Clark WALTER J. FOEMAN CI'T'Y CLERK X66APPRO A2.so P, AND coRREc=Ess 7,ATTARMN '42 YMT.-BSS Page 3 of 3 TOTAL P-07 �11 4 21 �I TO: Honorable ayor and / M/e, s the City( V ��r. /L l falter J. F City Clerk BACKGROUND: SECOND READING 11 ORDINANCE DATE: November 16, 2001 =,LE SUBJECT: Ordinance: Special Revenue Fund Entitled "Extensive Research Fees" REFERENCES: ENCLOSURES: On November 15, 2001, the City Commission passed Ordinance No. 12154, which consistent with Section 119.07 of the Florida Statutes, allows each agency to charge a fee in those instances wherein there has been an inordinate amount of time expended for research and duplicating services. The aforementioned ordinance not only defines and establishes an extensive research fee, but also establishes that an extraordinary expenditure of time shall be 20 minutes or more. The extensive research fee shall be caw ,.dated using' :he hourly wage of the employee and supervisory assistance required in performing such research and duplication services. RECOMMENDATION: It is respectfully recommended that the City Commission adopt the proposed first reading ordinance establishing a special revenue fund entitled "Extensive Research Fee" project. It is projected that the initial revenues to be received from research duplicating services performed by the City Clerk's staff be deposited into said fund in the first year is approximately $5,000. Revised as of November 30, 2001 12174 MIAMI 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 Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI PROPOSED ORDINANCE 1/10/02 "EXTENSIVE RESEARCH FEET in the............XXXXX...................... Court, was published in said newspaper in the issues of Dec 31" 2001 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 L the post office in Miami in said Miami -Dade rida, for a period of one year next preceding the tion of the attached copy of advertisement; and er says that she has neither paid nor promised firm or corporation any discount, rebate, com- refund r the purpose of s wring this advertise- blicat' in the s2aid Aer.'L... n to and subscr' re me this /Z7rece' 31 e2001 o.... y ... A.D....... _ ...... r� — -.— ....a..—.. .......... N (SEAL) OFFICIAL NOTARYSEAL Sookie Williams personal J'N� LLERENA �DIMLIC STATE OF FLORIDA COMMISSION NO. CC 912958 CITY OF MIAMI, FLORIDA A�OTICE OF PROPOSED ORDINANC9 otice is hereby given that the City Commission of the City of Miami, Florida, will consider the following ordinances on second and final reading on January 10, 2002 commencing at 9:00 a.m., in the City Commission Chambers, 3500 Pan American Drive, Miami, Florida: ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND ENTITLED "MIAMI-DADE COUNTY EMS GRANT AWARD (FY '2001-02)", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF $108,375.96, CONSISTING OF A GRANT FROM MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM AC- CEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILI- TY CLAUSE. ORDINANCE N AN ORDINANCE OFT ITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND ENTITLED "EXTENSIVE RESEARCH FEE," PROJECT AND APPROPRI- ATING FUNDS IN THE AMOUNT OF $5,000 CONSISTING OF MONIES PAID IN ADVANCE FOR RESEARCH AND DUPLI- CATING COSTS WHENEVER AND EXTRAORDINARY TIME CONSTRAINT IS DESIGNATED BY PERSON(S) REQUEST- ING COPIES OF RESEARCH OR PUBLIC RECORDS; CON- TAINING A REPEALER PROVISION AND A SEVERABILtTY CLAUSE. ORDINANCE NO AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2, ARTICLE 111, DIVISION 4 OF CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "ADMINISTRATION/CITY CLERK," RESPECTIVELY, TO ES- TABLISH A FEE TO BE CHARGED IN CONNECTION WITH PURCHASE OF COMPACT DISC VOICE RECORDINGS FROM CITY COMMISSION PROCEEDINGS, IN ACCOR- DANCE WITH SECTION 119.07 FLORIDA STATUTES; MORE PARTICULARLY BY AMENDING SECTION 2.142(c) OF SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND ENTITLED "FTR GOLD MULTI -CHANNEL DIGITAL RECORDING SYSTEM" AND APPROPRIATING FUNDS IN THE AMOUNT OF $5,000 FOR COMPACT DISC SALES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMIS- SIONS, TO ESTABLISH THE HOMELAND DEFENSE/ NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVER- SIGHT BOARD AND PROVIDE FOR THE "SUNSET" OF SAID BOARD; TO SET FORTH SAID BOARD'S PURPOSE, POW- ERS, AND DUTIES; TO PROVIDE FOR MEMBERSHIP, QUALI- FICATIONS, TERMS OF OFFICE, VACANCIES, OFFICERS, PARLIAMENTARY PROCEDURES AND RULES OF: PROCE- DURE, MEETINGS, QUORUM, VOTING, ATTENDANCE RE- QUIREMENTS, ASSIGNMENT OF STAFF COUNSEL, NOTIC- ES AND FILING OF RECORDS AND ANNUAL REPORTS; MORE PARTICULARLY BY ADDING NEW DIVISION 15, CON- SISTING OF SECTIONS 2-1200 THROUGH 2-1206, AND AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 54, ARTICLES I AND 111, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS", "IN GENERAL", AND "BUS BENCHES", TO PROVIDE FOR LOCATION OF BUS BENCH- ES ON PUBLIC RIGHTS-OF-WAY AND TO DELETE SUPER- FLUOUS LANGUAGE; MORE PARTICULARLY BY AMEND- ING SECTIONS 54-8, 54-90, 54-91, AND 54-93 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEV- ERABILITY CLAUSE, AND PROVIDING FOR AN FFFECTIVE DATE. Said proposed ordinances may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Flori- da, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. All interested persons may appear at the meeting and may be heard with respect to the proposed ordinance. Should any person desire to ap- peal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. QTY op 4 WALTER J. FOEMAN CITY CLERK Q (#10430) For further information please contact Anna Rojas at (305)250-5366. 01.4-29/224229M 12131