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90-R-63RESOLUTION NO. 90-R-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGE - WATER, FLORIDA, REPEALING RESOLUTION 84-R-40 IN ITS ENTIRETY WHICH REPEALED RESOLUTION NO. 80-R-149; ESTABLISHING PROCEDURES AND REQUIREMENTS AND FEES FOR THE REPRODUCTION OF PUBLIC RECORDS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 119.07, Florida Statutes, provides in part, "(1)(a) Every person who has custody of public records shal- ermit the records to be inspected and examined by any per- son desiring t so, at reasonable times, under reasonable con- ditions, and under supervision by the custodian of the records or his designee...when the nature or volume is such as to require extensive clerical or supervisory assistance... the agency may charge, in addition to the actual cost of duplication, a reason- able charge, which shall be based on the actual salary rate of such personnel providing the service.", and WHEREAS, the City Clerk of the City of Edgewater is the official custodian of all public records in the City of Edge- water. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That Resolution 84-R-40: A RESOLUTION REPEALING RESOLUTION NO. 80-R-149 ADOPTED MARCH 24, 1980, AND ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, IMPOSING CERTAIN REQUIREMENTS ON THE REPRODUCTION OF PUBLIC DOCUMENTS"; AND ESTABLISHING NEW PROCEDURES AND FEES ON THE REPRODUCTION OF PUBLIC RECORDS; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. is hereby repealed. SECTION 2. Any requests for the inspection or reproduc- tion of any public records of the City of Edgewater shall be made to the Office of the City Clerk at City Hall during normal busi- ness hours and in a written form as prescribed by said office. SECTION 3. That any charges imposed herein shall be paid at the time the Request Form is submitted to the Office of the City Clerk. Requests not accompanied by the necessary fees will not be honored by the City Clerk. SECTION 4. That the City Clerk upon receiving a proper 1 request in due course of business shall within reasonable time, but at least within three (3) working days, provide copies of the requested records. SECTION 5. That the following charges shall be imposed by the City Clerk or its designee on the reproduction or copying of public records as follows: (a) If the request is for written documents such as official minutes of meetings kept by the City Clerk in due course of business and which can be reproduced on a duplicating machine, the requesting party shall pay a charge of fifteen cents per one-sided copy, and for all other copies, upon payment of the actual cost of duplication of the record. The City may charge no more than an additional 5 cents for each two-sided duplicat- ed copy. (b) If the request is for verbatim transcripts of minutes of meetings, the requesting party shall pay a charge equal to the hourly rate of the personnel providing the service times the number of hours or fractions thereof required to perform the service plus thirty (30%) per- cent overhead and payroll costs. (c) If the request is for copies of tape recordings of City Council or Board meetings, the requesting party shall pay a charge equal to (b) above plus the cost of the tapes. SECTION 6. That all records shall be under the possession and custody of the City Clerk or its designee while being repro- duced or copied. Any person desiring to listen to the tapes of any City Council or Board Meeting may do so at a time designated by the City Clerk, in the presence of the City Clerk or its desig- nee. The requesting party shall pay a charge as per (b) above. SECTION 7. The City Clerk shall not relinquish possession and control of any original public records of the City of Edge- water except when directed to do so by an order from a court of competent jurisdiction, or when directed to do so by at least a three -fifth affirmative vote of the City Council. SECTION 8. That all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed. SECTION 9. That this resolution shall take effect immedi- ately upon its adoption by the City Council of the City of Edge- water, Florida, and approval as provided by law. This Resolution was introduced and sponsored by Councilman Gold , and was read and passed by a vote of the City Coun- cil of the City of Edgewater, Florida, at a regular (reschedule d)meet— ing of said Council held on the 12th day of November , 1990, and approved as provided by law. ROLL CALL VOTE AS LOWS: Mayor EXCUSED Councilman -Zone One EXCUSED Co man-Zo /Two Counci an -Zone Th e � ,f ounci man -Zone Four 4 Authenticated this TR day of NOVENBER , 1990. O Ma or This R =pr t torney 3