HomeMy WebLinkAboutR-89-0154J-89-40
2/9/89
(M 89-36
M 89-37
1/12/89)
RESOLUTION NO. 89-154
A RESOLUTION LISTING THE NAMES OF THE ONLY
NEWSPAPERS WHICH CITY DEPARTMENTS AND OFFICES
ARE INSTRUCTED TO USE FOR PUBLISHING PUBLIC
NOTICES IN LOCAL NEWSPAPERS AFTER FEBRUARY
10, 1989, ABSENT ANY LEGAL EMERGEN Y
REQUIRING PLACEMENT OF SUCH NOT
ELSEWHERE; PROVIDING THAT ADDI AL
NEWSPAPERS MAY BE ADDED TO SAID IN
CONNECTION WITH SUCH PLACEMENT SU T
THEIR NAMES BEING FURNISHED TO THE CI LE
BY ANY MEMBER OF THE CITY COMMISSION
THE APPROVAL OF THE CITY COMMIS L H
S
NEWSPAPERS BEING REQUIRED ARG4
MEET CERTAIN CRITERIA; REQU SA
FOR PUBLISHING COURTESY N
CITY DEPARTMENTS THROUGH A P ESS
ON AN EQUITABLE BAS NG ALL
PREVIOUS RESOLUTIONS% VOF
LOCAL NEWSPAPERS FOR ADVE ZING
THE CITY CLERK TO ESTABLI S FOR
THE SIZE OF TYPE NDRMAT OF
• ALL ADS PLACED ; FURTHER,
PROVIDING ALL COP70,11MUDING COPY
FOR OPTIONAL OUR NOTICES IS TO APPEAR
IN PRINTED FO TH GUAGE IN WHICH THE
NEWSPAPE UB D; FURTHER DIRECTING
THAT I TURF CI SHALL CONSIDER AS
AN OP N, IF LEGAL L RMITTED TO DO SO, THE
USE O DIRECT MA RA R THAN PUBLICATION OF
ADVE SEMENTS PUBLIC NOTICES IN LOCAL
NEWSP RS.
B T RES VEPANCE COMMISSION OF THE CITY OF MIAMI,
LORID
S 1. Effective February 10, 1989, all City,
odepar
ment fices are hereby instructed to use only the
fo ing newspapers for publishing public notices, absent any legal
ergen squiring placement of such notices elsewhere; such usage
f ement of courtesy notices; i.e., those notices which are not
lly required to be advertised, is required to be made by City
departments through a rotational process on an equitable basis; said
newspapers and any other newspapers which may be approved by the
City Commission after the names of said other newspapers shal7have
been furnished to the City Clerk by any member of the City Commssio.
t s
being hereby required at all times to meet criteria established by
Motion 82-617, adopted on July 22, 1982:
nnnv nn*R�aern�.r=
%;
MEETING OF
FES 9 less
Q n._4 of w
RM
Rescinded by R-94-755
i
iMonde News
Newspaper _
diario Las AmeriCes �
11 aspreso
La Nac ion
Panorama Hispano/USAy`'
Patria
Prensa Grafica
The Miami Herald Zf
The Miami Review
The Miami Times
Section 2. This Resolution supersedes all vious —
resolutions approving the use of local new re or
i —
advertising.
Section 3. All ad copy, includin
o do or
f courtesy notices, is to appear in prin form in 1 age in
i In re rd to the
' which the newspaper is publi
advertisements of public notices plac y
t C Clerk, unless
otherwise provided by law, th
he eby authorized to
establish guidelines for a of t3 , text and general
format of all ads pl Y
Cit erk.
Section 4. In the f re, the City shall consider as an
option, i ly itt to do so, the use of direct mail a
s -
rather t n pu ion o advertisements of public notices in
loc a S.
Lion This Resolution shall become effective.
ate Pon its adoption.
! 1/ The herein authorization does not apply to the, other l f
1 community newspapers printed by the publisher .of
y�
newspaper.'
2/r
Use of this newspaper is required when advertisement
comply with the provisions of Florida Statutes,
Sec. 166.041(3)(c)2b. Other use of this newspaper must;.!
specifically approved by the City Manager, or his desine+c _
after consideration of ad content and size of targat .
audience. -
r 7 rt S.
i FVy
Rescinded by R-94-755
'�fl i �',
��• � ,.,.
'76
A
IAMI + -
CITY OF M t FLOAIOA
iNtER•OFFicF. MEMORANDUM -
DATE : January 31, 1989
Natty Hirai
:., cityClark
suaiECt : publication of City' a I*#;
advertisements
Jorge L. Fernandes REFEiiENCEB :City Commission Agenda .
City Attorney February 9, 1989
ENCLOSURES: (4 )
We have been unable to arrive at a c sub P een r whothe f the
item
City Commissions intent concerning thisje
was considered at the Commission Meeting of January 12, 1989.
The guidelines for newspVeers en the established
co continuing basisfor City commission in 1982 and which h
_ the City administration's designation of eligibility have been
obtained and are enclosed (Attachment 'A').
A draft resolution requested by you has been prepared and is
also enclosed (Attachment 'B').
Because of the administration's function in this process,
another draft resolution has been prepared for review and
recommendation (Attachment 'C'). F
x
A copy of pertinent correspondence and materials is also -s
enclosed for reference purposes (Attachment 'D').
JLF:RFC:bss:M129 r
cc.: Cesar H. Odio, City Manager
Attn: Aurelio Perez-Lugones, Legislative Administrator
Wally Lee, Assistant City Manager=rr
Sergio Rodriguez, Assistant City Manager
r .3 Matty Hirai, City Clerk
Ron E. Williams, Director, General Services Administration
Attn: Nancy Bahn, Assistant Directorf
William Schaut, Procurement Supervisor t�
+ Edith Fuentes, Director, Building and Zoning Department,]"`,.
Attn: Gloria Fox, Assistant Executive Secretary'
Donald W. Cather, Director, Public Works Department
# Attn: Gene M. Palaez, Contract Engineer
�+ Adrienne L. Friesner, Assistant City Attorney -
{ G. Miriam Maer, Assistant City Attorney a
.I sF
Joel E. Maxwell, Assistant City Attorney ,
s441�
i� � I +� !'_�' ., � f T ,. rvY. ✓^�- 4 's�+lj :,.-'.pe✓dw a,+w•.t," - ! yc':b + r ` � �;
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AItO 11:'�:'tft\AI Nw-r.-orrks ter rITY 1, n t7:5i`•:. c!- Rol i% aA51i.
Itayot tetra: Any other pocket Stew. Joe'
Mr. ►ar:1:t. 1'roo, `!t. l'nvvr. ::ill.' the :St: . mi&::! hs! !+eon spending a
great iaa. rl a-.••' !n ; :e:1:.it a.:a !If !rtt: r and publications,
we have j,ld vt•ry lit;.* attentlan t.• t.•=unat.-:-a►eC ne+•epapers is the
Mispanlc cowunity of t"!r r.ity of Mteei. I would :lie to bring the names
of several re►•srs;rrs r'.t ere meet ?:ewsrsr&r► that ate tiv-by-migbt of have
been around frr rsontht: r %evera: -.IALS a-: w.11 be gone in another fat►
• menthe; but newspaper- t'.jt !.t:e been t.%tst•lished for quite a few years
in the City Of !N!lsns. .he,) atr new,; -;ate that have never received any
ads fror the Cttt• rf •'tan: as ccs: u:.ity-bwse: newa;spers. $o. if I stay. and
it would be srrr.;ria:e at t%is paint 1r. t:ae...I we6ld like to bring u►
the nears of several newspapers that have been established. This is the
coterie that 1 &a placing: (1), that thev have been established fat a
long period of time: by that I sear. several years. at least; and (1). that
they heve not received funds in the rest ire: the City of Miami.
1 wn.ld like to rsie a notion te, place :.a ::�rir�. La Tren_a and La Verde
ar.1 El l:Zarc!al in the list of newspapers that the Clt1' o! Miami would
6150 "t ads.
Mr. "tree: Mr. Mayor, 1 w.mild like to print t).&t the! : :!:ink in the last
Commission meeting I made a recu endatien also on this matter. 1 requested
s official recommendation Ices the City Martz;er also on this issue. 1 an
c*Wtetely in favor of this pre;asel. but I would like to cover all the
minority newspapers. I think that it would be a good idea to have guidelines
or sovething in order that all the tewsparer► have the np;^rtunity to
qualify for this kind of advertisrent. I think that we h.we in the City
Of Miaol tt:-re than tea of twelve, S;sntsh bl-ilndt:sl I would like
that all the slnutlty vSla have the o,-partunity to be recognited in title
publicity. Did the Manager have any recotrrndations to make about the
tr;.isbt I -. !e at the :a.: C:trlrt i,n ^entlrg+
'a •.t .. N'e,s. I . . ..11e• : ! r •ir'.s ... . %. re
•• i.
is t+a: t'. -t• were a :at .._ .. 'l•Y.; 1;rr%. •a: t.. A,L%, Itw1' d tl
be .cat ef:.^hive :o ad:•r:ism In a.. :hcse atus.apers s: o:,tr time. ••`a:
I did was to Inbtrurt the Purchasing :apartment as well as the otnec dapattccr.ts
to advertise to th•'se r.ewapapars or: a ro:atir,g bast&; so that everyone would
have an o;;trt"u.tty to rarticipate in our advertiettert, but at the *axe time
not being very co►;ly to the Cit). Ob%iously. some of o:r requirements are
that We erst advertist in a ne►s;&;cr with a certain number of e1ccu7.a:1on.
that beirjj in the Miaet ne_s. the M_amt Tiews. and ri&rio. Those thret papers
Were given. The other papers vote utilited or a rotating basis. 1 china it
would be .ism for the Cosaiasion to establish saga poll.y similar to what
:osssaoner Carollo had recommended that would give us some guidelines is
terms of how to advertise it you plan to extend that.
Mover Ferro: the already did that. Mr. Manager. It you look at the records.
t`•i► Cosiasien vent on record as to establishing the basic guldellses. They
nave it: be cosuaity-based newspapers within the City of Mind and that they
have a circulatton of I think. Didn't we establish that as a gotaldeline!
!tr. '1r:: if / reca•l. we uere Oven, saute as opposed to ge.idaline*, and we Were
folltxl::� :Erse.
Mayor ferre 9.11. I t:.:nk that vcu Will have to look at the reccrd oa that;
"t s, rc:.•:lrctlon lb that we gave you specific guidelines.
Mr. nary. lou are correct. It is S13.0W. you are correct.
07
ATTACHMENT 'A'
JUL 2 21992
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fl , Catsllot sl1 those to pet that Noldmliaa. PiRsh Raft,
! that •abt a seldallae that we did bet digests bet it as
lwntatt that they here Mee established ter wto a f#wt yes". The M
!tat Jsat adds aft of the cleat blue sky aN epee w dad niece that hiietrar.
+ t thhat with than test flue two ethers that Wo'vo W We gnu moot at
s least M of the Viers is the rtapssls aww"tr that we sammitr lamed
` lditar#. than, it at a later tie, of o#tdd labs to aaansdW do atbate,
thoy sasld M ► Woo up before the Naaseaisae
f tarret i thist that is reases"Le. wftld nines we be a MOO"
are Cee+ellat I cilia! that Vesld be a reaaws►le tin, conalsly. i
. llrwt�t liens fans aN 10,000 eirsttlaeles.
Mayer beret Is ether Words that the attidellaes be a stair ssabllahoom of
thtsa team of coetiasew pubuestles, aM a Malmaa of 1060" o"Velataaa.
or. Itscat I think that it is topmost that we ehsees saeoropon that >aw
sirsMatiea is the City of Miami, botasse I dw't Wait thateee.
f Mr. Carelle: Mistown of 10.000 that hove act receive/ ay ado true the City
befers. Is &that, wn"e, let we dive as @ Mg wity to seen of do sthaa
As hew savor received thaw.
Mr. Plmert had this to so a rotatlas bast#.
NIM Barret aetatlss basis. tee have to establiM a bedpt for it. del
- clot, do you wtst to torpl se that in the toes of a ascssat
or. Carellet toe. Mr. Mayer, I mks the memo that we $Ive ~Assume*
as a rstatiay ►eat#, to the meao►opers that I have so sated hard lath the
triterla that t eaa, the ompwro been a alreslatles of oar ADON01 two
:j
dWjP le" bees established for several tasty....
Mom Ntrret three yearo.
Mr. Carelle:.... asYeral years& ead threee that that have set rmseiwd
advertleemeate from the City of Miami prier to this w.
j
Mayer ferret AM four. that they be based is Miami.
We Carel3e: That's eerrsct.
Nam Nrro: Add fives that air eireeutiem M amisy with" the City
of Miami, not totally. but amlaly.
Mr. hn1Lt That the wjortty of the eirealatlss to So the City of Slow.
Mr. Pores: hat Wo Vast to never all the aaVspeeern that follow chat sa d lit,,
we salt' two, theme, or few neww"Pare.
Mr. Caeslls: Pall, IOU Mht is be brimgfas own asespqmrs that. Soso
at 4 later time if pr wftld like to brsat the air of alw ether smsepopess
that daft tW criteria, that L cortalsy ooaspalla p da.
Mr. Petaat Ut I dw•t haw ag faowwsiania p sasamd and as shwa, v
"&I= that a#ties, lot I world too se otter thu at, a11sttVast7 Mau
the aasayWm fa the City of a" shot !oilers the sass....
at. Oonoust a sea" do thes anew tin, Wow.
r we 19tesat I woom labs to pas" vet sovink at, Mr. Mtsos, I amid labs two s
#aim elan[ that MW ether aamayapat that failaw tftftr SdadaliMaa only
! htyw to aYtsns do City' >:
Mrnassrla sifias. I des s tWi that w .haw p,
Maas to am City coomesiw....
06
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Pt. Weigel out*, they could eddteei the city Nanegbt "i the Citf NNAW
could ►tilt it up to vat.
i Mayor Set of 0.9.7 An you aotssding the hotlant
Mr, panel lb. ►vet I would like to lstlude, potsehaliy, tie other tt oo llefa.,,,
Mt. Corolla: twfeo the other hwepapere could bring it to the attiatiaa at
the City %teaept. the City Nanagot could then bring it betetu e06 that eorid
be part of the nation.
Mr. parear And why don't we *and to the City Nonoget's eftite the 10trrtttm
IS order that ter the nest soning mattes, nest weak. he bring the list $I
all the mompapers. two Mow: why? locause it we approve bare today the0
mWepaperso we would have give, also sewn of all the nowapape"o o o o
W. Gofelle: t don't think that to the case. I think that with the grddoliras
that wo have established. then would be taro it say, owrapapofs that world
be left that could qualify.
Mr. Pereel O.K.. but i would liks to add to that list sera ether oswspepofo.
penssally, let as point out, I run a newspaper and I dealt vat to be goals"
to that list. I think that we tall within the suidellssse but I don't whet to
have an!r conflict of interest attest the nowpaper. I'm sot speaking of VOW.
but I would like to include...Mr. Manager, you didn't feteive the assert of
the other newspapers? you don't have the list of the ethst..f Would it bo
possible that before the and of this Matto$, that we haw a coeplete list
it order that we hew an oppertuaity to odd....'
Mc. Caroller why don't we take care of this. I really don't see hew am
ether nowapaper@ would Bret this criteria. At roat,thars sight be ass of
two. it that. What 1's saying is, let's start by dalag sesachiag and than
if you went later en today, seat toting, seat week, rte at nth to ► ay
ring
other papers. it could certainly be done. out I think what wo Included to
the nation. the Nanagt could do that it they go to his, end he could bilog
it before the Camission.
Mt. Gery: Cewiestosr Corolla. I would asses that even though we hers
these three newspapers identified. that any other sowspapet that mats these
ecitsris would also be included..
lot. caroller Well. we include it is the MUM, but they could toss before
you. and then you bring it up to the Cosatssies....
Mr. Gary: Sure.
Mr. Corolla: ....and we could take action on it, but the four sowspopets
that we motioned here: I& Vocion, I4 t►atdad. U trfts*, and it I e a .
Us already have had El tarreso and LI Unive-rool. So this would btiag low
ern to the other two. which would asks it six.
Mr. pores: I would like to include pstrio alsoo such to set lotluded.
Mr. Corolla: That me doesn't suet one of the criteria that us plscodr that ,`�� " •�:`: -
bad not had prior ads before. They were the eoe that wore cotoiviag all �►"' +„
the ads for a loss peeiod of tins when nobody Oleo over did.
Mr. pares: se. but I don't tusk that it to fair that wa Undt this oppet'ttwlt?
to one rswspoper. s.,.'"t'd~*• s.,
Mr. Caroller I don't think that it is fair that seoosso that Was teaiely
all the ab baton. is volt to be abiwiag now, shot otNt pasyla now
received say before.
Mr. Peres: gat I Wink that It mass a dotlalw at the City vaniftlaal gut
tbay did hotel*. You home I weld 1lhe to been evsey►sdy how tie mopertuaity,
that's why I would like to present s list With all the rsrapopess, but I don't .
want to sags.... Y
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JUL Z Z 19U `jam
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.
! Ft► %htallel lat to hap thins it Pon [that to U1114 si a s ga la a
that Wtitmlar $welohper, gw'to voltage to da It as a so""" atim
I a" tatiae he th*06 16 ateVdtat 066 feel that it the ansfew Mhtdwd
d tafiaidetale rlr of ade ffam the City, of Stood bete" end tie oftm
tan aat, that it is met tilt to bring that moo*Wt so eaii6 rdi� stai
if ail, I wild be wq Maltmat to gets ado tot a Paper that Mot taftihty,
etgataea the City, of Nlaml he the tetmto, mad t will aeon poi at IOU
mnhe seen very clear polett. as that Is %M very mat foterm.
own lrrot gee Man do we sum[ on this rivet In made m Un i n.
A W. Caeolist t made a matior to include do tent ornpoplrs out I now
hate to the list of the two that we had. g Md g VWk2uml.
I
ai ebb a lzet of criteria$ d it then an My e w r papers ild line
to apply* it they, feel they meet the criteria that we osta►tiehsd, hot I
tool that at meet then mar be own at two, &My cola p to tee City Nnmgse
amd be esold ►tie it to tso.
Nsyer Atnt All right, to then a second? Nu it been sorsmdadt
t
Mr. Conllot No. Jost the moclea has been made.
"t Tern: O.R.. now. an you SWISS to osaemd this?
Mr. pent$ Ns. I "at to who another motion.
Or. •lunmert Now. wit a minute, his motion Mo either to got a stand or mat.
Player flown& All right, so, we have a mattem air. be yen wmt to msM a•
amsmdewt to the nation before you socand Itt
Mr. pones I want to saw a aeon motion.
Mayer terns You want to make a saw motion. Valle ter the purposes of getting
this as the [leer. I think we ought to... I would "command that we msasmd
this thin and then we can snsad it it you want. I will accept the smamdsaats.
Mr. Carellot Well. look. Mr. Mayor. it stoma that Commissioner Pens doosa't
want to bring this to a vote at this point in time. We have 121 items is
the agsado today. I just sunset then that if M wants to held this up, than
we leave it for another occasion and take the not of the agemdo that we
have before us mow.
' Mr. Pans: I don't want to delay this aossion. Lot me tall you. I as
In complete and full support of the nation. but the only thin that I mart
to named an the notion that Comoisolosar Carallo made to to give that
eppennaity to Oct all the newspapers.
Mayor terns Par the purposes of discussion. 1'lasaer. I seemed the mots m.
Now has bons it as the sgamda. Nett you cam aaaed it.
Mr. plws■ors Then to a motion an the flocs. It Is dolt' nacamdsd. L then
fstther dlecusolmat
Mayer prren1 1". he No as ameadmsst to mots.
Mr. gilt l that's wby_I asked. Is then feather dfaconism.
or. Poeas A.N.. I rest to mom es smmmd s to give the spI I'mmity to an
the other aesi n to he Imaludad is Nat lief.
Nay,ar Poll I mecomd that awadsmet.
or. tlorss to vet logatt
or. Casallos gsem, ail the SOW eassprpemm chant not chat
wmld go to the Nsmmgar. then M acre teimg u to sea. •Imo.
us,* r Parris Of tow".
al 10 Jul 28 SM
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Ric, tofsat sari• sent that's ill.
.46 plueewt: All tight, well "to as the 66"haht first,
Nt. Wallet That test# be Included 166.60
Nitat fiotn: tm ma►er of eotten ateepto the aeoendaaat, ad the eaedibf
ateapts It, as you dw't hew to vote &a it.
no. F+ateat out Lot as point out ,►out the enteeis, the suit part that
I dealt accept to the pact of newt haNag received as ed Ina the eity
of Nieul before. That's the only part that I #aa't accept of tie netiedt,
tes hnomt
Mr. tbrollet 1911 take it out of there net the msantine, but we'll 61ee06
It at the appropriato ties sloth, ee We emu get this passed awe in the
aaarmtiee.
Mayor 116m: O.R.
Mt. rlummort Quickly, tall the roll.
Mayor fern: Noe wit. wit. On the rseerd, so that we have a clear e>wdst#teading
at what... sw, the 4wstie& at certification at eirtulatiea, Mr. Maaag@re
to a wry touchy Item. The best way to do that is to have...thers an seautie&
that officially certify eitculatiom. Mot of the" papers do net we that
because it to wry expeestve. I think t personally would accept, just for the
tetord, that It YOU Would let a OWern testimony from the ... and neogetsiag
that mince you are dealing With the government you'd put than on record
that It is perjury to lire O.E.! had that On Would preOeeuto them, We'll
take them to the Stott Attorney. I will accept a Worn statement as to Mat
their circulation has averaged for the past year amd is the pate two looms.
Amd it they* an a six loath baste, keep no Wormed r to Mat their #sot
circulation was. that must be Confined M the sallor of the amprist. Is
ether Word&, We Went a letter free the person that IS @011ie$ thee newsprint.
I mass the paper. because that Is the ons way you kaaw hew nary circulation&
are really ... and they have their choice. tither they get a certified eireulatien.
or they give me a sworn testimony as to what their circulation to and that they
live me the emount of paper from the supplier of m , paper. That Is the eve
way we can make sure that nobody to taking us for a ride om this.
Mr. Plummer: Make the Herald the sonitor. Mottos Understood! Call the roll.
The following motion was Introduced by Commissioner Corolla. who moved
Its adeption.
MOTIONS 52-617
A MOTION OF Tilt CITY CCHNISSION AUlMORIZW AND DIRECTING
THE CITY MAIIAOR TO ADD FOUR COM'WITY LUC NEYSPAPERS 10
THE NISPANIC COMMUNITY, NAMMT, Id NACtOM, LA ?-NM- M'
�. AND LL ARC TO TNt LIST OF NtVSPA IS 00
_ :1N CO.'%ECTIOX WITN CITY AOrERTUING1 PMIM* NOLTWRt
1. TRAT SAID NEWSPAPERS R t U21.1SRa COMMMIIMITT IDWAPERS
MUCN VA%*t KV IN CONTWWS OrMT100 10 SERIAL TEARS#
t. ?UT SAID NirUSPAPUS NU%% A NINZKISI C1RC WIOM W 10.U41
..5. . mT. Tait mom PLACE ITS ADS ON A ROTATING RASIS SO UA!
MY CZ AU SNARE IN THE CITT RCSIiitS=
A. TUT SAID NEWAnRS R RASED DI THE CITT OF MLM11
s. THAT TUIR CIRCL'L TIM U MAINLY WITHIN CITY LIMITS:
S. TUT TfttE OIPMRTMNIITIU TO SNARE M CITY WSlWU Q
EXTENDED TO AR m1siti NEWSPARR WICK NEEt- Tft ESTAi' IUD
CRITtRIA-, FVRThtR RiPUJTING TW If MY WWAPER YISfES
TO APPLY, INV SNALL lif01N TRt CITT NARACQ, WWI I'N Tcv,
01" main SAIo EMMET TO in arYifYIca a 2U CITT CWW1L1tON; AD
t. M NEK STMUT1NG TEAT W um W • CERTIFIES SUTSmst OF
C W IGN m CITY muAW mm A Shad a 11U= Qf AS 20
IRMAT TNIIR CIRCIRAlnDN a" &TU" D fa T!E' lair rids hap ma
Tft L "T Tow ISM Act RIRLATING !vet ?U MASPAPERS W4
mm ON A Sty IOSTr145166 Im m Cm 09POWS Y If an
TNtIR LAST CIRCLLTIOK WAS. SAM ls;lORMATION 110 ma COwfEfma.?
RY THE Sn , U OF TIM RDrInm.
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Y ij tY i'
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�. � � YV.: � � � r� � - � # �: s ry a, ♦ 1-fi ,Ya `��° F� h 7 �,�vs ti'a^�'�i �°� �'� ��.,�cc���.
%ftbf the 1611fru%$Aft "a"" bf fty6t ht"6 tM WMINI 066 "6661 Md
boom ll "tet
ski
GNM"-W-- J. L. hidllbte A-
60"06100* Damottio, Potel'b Jr.
ftNo"Idaml Must J& DWAMM
vift Now Joe Colette
11ow movol" Pierre
Shoe.
Ygtft am.
S. kMIMT sy mmssimtra Pm TO ASK AIMtSTW2= 20
DWIRE Of TK2 MMI XUALD TUIR CUMUT POUCT W
ACCEPIAXCIt OF ADS INCWJMGM TPAVIM TO OONRltIST
A." REPORT SJMR TO CONISSION.
Now ftmt next PoehoL item. Mythlas 61"t catellef
Mr. C41214102 Ike Mr. mayor. that's oil tot a".
Myer Parres Miller! All riot, wastriel
Mr, ft"o, W. Myer. as this utter about the arimpaper, i gee" Ithi to
@and a letter to the Egg lbreld editorial boordo or to "No
CONVOY* of to Whatever department. to order to team them that me
A "tidft Is Order to cmeel all the :do IS the WMJ lbreld den to "ON
reamsthat I think Com"Goloser Car 1 10 Introduced the metiom that they
placed No Is support of the Cuban govennest. that kind of thing. go
YOU think that It would be good to send them a letter to the newspaper in
order to knew what Is Chair future policy go this matter,
oft. Carellev sure. we could east it WIth Comrade AlmsNo berso be could
4&UVW it. to elvedIte matters It yam lib.
I t think that It Would be go" to mand a lector is seder to Jumst
It their have a delimits point of stow of S"tewr It is. afteame U.WmmMdWe
7"t*I"Y Ilk the public bearing that we had Is "Imme judw Kgb. th"
Nssglaomd &M ad is the F-JA Bsnad- I thisk that It would be Wed to
t1WARY this matter.
WAWW Margot an AM
Mr- P"Nal TMO bet tbaT mangles" 00 KMd brold, that ve emoseumf4au
sh to the am& 1hra". I Wald 11W —to "Wifte What L do ""UM
of as usupow " d" meter,
or. corous& Ifte soft.
we ftme
son Moms a. man". condesismar varom to vaerefer AmonvaUft Ism
m W"oe a latm to am A" &a" mom" fft alar""Mise ma " ft" I I
oft" P" age me then Ift Was sus to tM con""M on "Mansm:,
or. Casual Unft $sumy dm M"Puft Samoa Oft 4110 R*ft
am an
Never Moms twerift is G*s.
12'
At 22 W 7
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rt O�e,.t` _ --
3
A.
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y
r f4EWSPAPER AGVLkTISINt3
ZYf<
CITY CODS CSC. 18.52.1(d) Public. Not.ift
a
HOUCO inviting bids shall be published at least once in a
fiewspaper of general circulation in the City a reasonable time
ptibr to bid openings but in any event at least fifteen (15)
calendar days shall intervene -between the last date of'�
•fib
publication and the final date for submitting bids.
tr 5
GENERAL STATUTORY QUALIFICATIONSs
Sections 50.011 and 50.031 Florida Statutes, provides that all
Judicial notices and publications, or notices of sales of
property for state, county or municipal taxes, or sheriff's,
guardian's administrator's or judicial sales. or "any other
publication or notice pertaining to any affairs of state, or any
county, muniMpal�; or other olit a_1 sub ivision thereof",
shall be deemed to have been published in accordance with law if
-' the same is published in a newspaper which publishes periodically
once a week or oftenerofteners, which at the time of publication Shall
have been in ex stencr for a period of one year and shall have
Been entered as seconu-c ass mail matter at a post office n t e
county where pubrlshed,
City Commission Motion M82-617, passed on July 22, 1982 lists the
following provisions to qualify for City advertising:
I. That the newspaper is well established in the community.
�x �x }`'
#►
2. That the newspaper has been in .-continuous operation for
3
several years.
`3. That they have a circulation of over 1u,000.
4.: That the newspaper is based in the City of Miami.
.S. That the circulation be mainly within City limits.
6. That the newspaper furnish the City with a certified
statement of circulation.
7. That in lieu of a certified statement of circulation, the
City would accept a sworn statement as to their circulation
average for the last year and for the past two (2) issues.
S. That the newspaper shall also, on a six (6) month basis,
keep the City informed as to what their circulation was,
said information to be confirmed by the seller of the
stew spr itYt.
t
y r _ 4t� 1,:' � >,.<.arcat' aA ..` '•er?G�r-ycF1r L,$-_ "`a�°i ,�. k�r*F,,1 r.-.� �`r� ��
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CHAPTER 50
LEGAL AND OFFICIAL ADVERTISEMENTS
5u.0i t Where and in what language legal notices to
be published.
50.021 Publication when no newspaper in county.
50.031 Newspapers in which legal notices and pro-
cess may be published.
50.041 Proof of publication; uniform affidavits re-
quired.
50.051 Proof of publication; form of uniform affida'
vit.
50.061 Amn?nts chargeable.
50.071 Publication costa; court docket fund.
50.011 where and In what language legal
notices to be published. —Whenever by statute an
official or legal advertisement or a publication, or no.
:ice in a newspaper has been or is directed or permit.
:ed in the nature of or in lieu of process, or for con•
tructive service, or in initiating, assuming, review-
ng, exercising or enforcing jurisdiction or power, or
or any purpose, including all legal notices and adver-
kements of sheriffs and tax collectors the contem-
roraneous and continuous intent and me,anin of
u.•h le-i•latiun all and singular, existing or repealed,
4 and tas been and is hereby declared to be and to
lave been, and the rule of interpretation is and has
.cen, a publication in a newspaper printed and pub-
ished periodically once a week or oftener, containing
.t least 25 percent of its words in the English Ian-
uage, entered or qualified to be admitted and en-
ered as second-class matter at a post office in the
:-unty where p.l Ushed, for sale to the public ener-
ay, available to the public generally for the publica-
;on of official or other notices and customarily con-
Aning infe.rrnation of a public character or of inter-
5t or of value to the residents or owners of property
the county where published, or of interest or of
Ilue to the general public.
eutorr.—s : ch !":2 14'- PUS I-'X GS 1'27; 1. ch 5610. 1907, RGS
- .. I. A :21 A..02:. CGL i666. 490:.. 1. eh 63.397; •. 6. ch 67351.
Nc.trl.—r. rarer►, 4901
50.021 Publication when no newspaper In
aunty. —When any law, or order or decree of court,
all direct adtertisementa to be made in any county
d there be no newspaper published in the said
cnty, the advertisement may be made by posting
roe copies thereof in three different places in said
i inty, one of which shall be at the front door of the
—'t irthf>use, and by publication in the nearest county
—% which a newspaper is published.
!° 1i.if3'.2. RGa S41. CGL 4667, * CA 7.25r.latFe.w
50.031 Newspapers in which legal notices
d proceaa may be published. —No notice or
',lication requirt•d to be published in a newspaper
.he nature of or in lieu of process of any kind, na-
e, character or dFscriptiun provided for under any
of the state, whether heretofore or hereafter on.
A. and whether pertaining to constructive service,
:he initiating, assuming, reviewing, exercising or
;ruing juriAictic.-n or power, by any court in this
state, or any notice of sale of property, real or person•
al, for taxes, state, county or municipal, or sheriff s,
guardian's or administrator's or any sale made pursu.
ant to any judicial order, decree or statute or any nth-
A�itoty.—n I • . c 1931. CGL 1936 SUM dr-1111; a. 7, ch. 22ne,
s. ► 6. ch. 67•2%4:. 1. ch
V010.—i'nrmer9 4903.
50.041 Proof of publication; uniform affida-
ch. 67.1, .. 6.5r<
- --
Note.— rorm.r • ON.
50.051 Proof of publication; form of uniform
affidavit. —The printed form upon which all such
affidavits establishing proof of publication are to be
executed shall be auh:t3ntially as follows:
253
A
4..
1
j} ���;�s7>•M '1P4i�-_ �. ..- .. _-f"+4* w ��'7,f�J 1•�ii�/R��-. ".i .
} vf�89-40
1/31/99
CM V -36 —
M 89-37
1/12/99)
RESOLUTION NO.
A RESOLUTION SETTING FORTH THE NAMES OF THE ;: F
ONLY NEWSPAPERS WHICH CITY DEPARTMENTS AND
OFFICES ARE INSTRUCTED TO USE FOR PUBLISHING
PUBLIC NOTICES IN LOCAL NEWSPAPERS AFTER
r` FEBRUARY 10, 1989, ABSENT ANY LEGAL EMERGENCY
REQUIRING PLACEMENT OF SUCH NOTICES
ELSEWHERE; SAID NEWSPAPERS BEING REQUIRED AT
ALL TIMES TO MEET CERTAIN CRITERIA;
SUPERSEDING ALL PREVIOUS RESOLUTIONS
APPROVING THE USE OF LOCAL NEWSPAPERS FOR
ADVERTISING; AUTHORIZING THE CITY CLERK TO _
ESTABLISH GUIDELINES FOR THE SIZE OF TYPE, _
TEXT AND GENERAL FORMAT OF ALL ADS PLACED BY
THE CITY CLERK; AND FURTHER STIPULATING THAT
IN THE FUTURE THE CITY SHALL CONSIDER AS AN
OPTION, IF LEGALLY PERMITTED TO DO SO, USING
DIRECT MAIL RATHER THAN PUBLISHING Jj-
ADVERTISEMENTS FOR PUBLIC NOTICES IN LOCAL ;.
NEWSPAPERS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA: `
::Section 1. Effective February :_101 1989F,all;,.city' }
departments and offices are hereby instructed to use only,,the
i following newspapers for publishing public notices, absent any legal
emergency requiring placement of such notices elsewhere; requiring '
that such usage be made by City departments through a rotational
process on an equitable basis; said newspapers being hereby required
F
at all times to meet criteria established by Motion 82-517, adopted
on July 22, 1982: 7"
R4
"'++ A'el
�—
r' WN �
-
{3� 4
3i:#dWfiiPi'e" i�"•Fq e.: rAl E'`r3ttinx wr ,y `,
—
p
4:,
MUT.-
IN "In
Ateftas Now# 1/1
Community newspaper-
Diario Las Americas
La Nacion
Panorama Hispano/USA
Patria
Prensa Grafica
The Miami Herald
The Miami Review
The Miami Times
section 'This Resolution supersedes all previous,
resolutions approving the use of local newspapers for
advertising.
Section 3. In regard to the advertisements of public
notices placed by the City Clerk, unless otherwise provided by
law, the City Clerk is hereby authorized to establish guidelines
for the size of type, text and general format of all ads placed
by the City Clerk. All ad copy, including copy for optional or
courtesy notices, is to appear in printed form in the language in
which the newspaper is published.
Section 4. In the future, the City shall consider as
option, if legally permitted to do so, using direct mail, r ather,
local
than publishing advertisements for public notices in
newspapers.
Section 5. This Resolution shall be
come. effective.
immediately upon its adoption.
The herein authorization does not apply to, the:othex' 12� '
-
community newspapers printed by the publisher.,,, 6-f-':-
newspaper.
Use of this newspaper is required when advertisement ',''
com ply with the, provisions of Florida A W to;
Sec. 166.041(3)(C)2b. Other use of this .n wapaper. pocifidally approved by the City Manager.
onew.
�7 017� Rf"-
�after consideration of .4d conjent, and.aims:..of
audience,
r
Amto mo mptab' this' dsy
U Z� ORK x
�w
x ger
NATTY HIRAI ` . t { M �1 ,' _ 7
CITY CLERK F
1- PREPARED AND APPROVED BYt�
.-,r. ,` �,� y; fir, �d'e �t :,y � � 4 •�€ti~'� � -;§ ° C3'S.�y"r�,z�;
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY.
APPROVED AS TO FORK AND CORRECTNESSs t IN`s
JORGE L. FERNANDEZ _f , T1 xy!
CITY ATTORNEY
ixkn,
y�/� �/e C � F � ,�y� t� � .+eM��'c�` �����'� rs �S�s�«r ��� ! v } �• S.�'i�#?`'� �.
RL �rib88:M885a."RL az
?•dr'r`
a!�>�1 a , zzt
.. r n .' k, 1r f' tt X .Z �� t E- � .F"`_ .t � �. s tis. ��i�$ � 3� S. r,.Ji � a a r "+tb �.'i✓? ��t c�
�:1 � t�, f f �1! •.� % N.Pr.�'• ,���a,}�.� ��,'� '��� �w '.��9X i �^�y "`� �,axf$'i 5�"�.
t '� .'.�` R a t.a'A iYy � r a i ut-".�5 -i ,!cc� "'E k i ,� :;,+,y, �s:� � x •Fi a r � y Z t it ° ,F G ,.+x �?Y' L
- ,,,a}� a -i •`tk ,�f �.� -1 �,.k♦ .. -r' . r� ��. �n ,t- u'K # r�.�i 4 x � �_ -t . s• c.yf ' r.q } r
} , aaF'ki.�x +��,•sbs>l �+,. a ;k :w a.3»«.o. tom- �+ ms t-} ,Lau. 't..,�"�,., .,
DP4,6,Ar
RESOLUTION NO.
A RESOLUTION SETTING FORTH THE NAMES OF THE
ONLY NEWSPAPERS WHICH CITY DEPARTMENTS AND
OFFICES ARE INSTRUCTED TO USE FOR PUBLISHING
PUBLIC NOTICES IN LOCAL NEWSPAPERS AFTER
FEBRUARY 10, 1989, ABSENT ANY LEGAL EMERGENCY
REQUIRING PLACEMENT OF SUCH NOTICES
ELSEWHERE; PROVIDING THAT ADDITIONAL
NEWSPAPERS MAY BE CONSIDERED FOR ELIGIBILITY
IN CONNECTION WITH SUCH PLACEMENT UPON THEIR
NAMES BEING FURNISHED TO THE CITY CLERK BY
ANY MEMBER OF THE CITY COMMISSION; SAID
NEWSPAPERS BEING REQUIRED AT ALL TIMES TO
MEET CERTAIN CRITERIA; REQUIRING THAT SUCH
USAGE BE MADE BY CITY DEPARTMENTS THROUGH A
ROTATIONAL PROCESS ON AN EQUITABLE BASIS;
SUPERSEDING ALL PREVIOUS RESOLUTIONS
APPROVING THE USE OF LOCAL NEWSPAPERS FOR
ADVERTISING; AUTHORIZING THE CITY CLERK TO
ESTABLISH GUIDELINES FOR THE SIZE OF TYPE,
TEXT AND GENERAL FORMAT OF ALL ADS PLACED BY
THE CITY CLERK; FURTHER, PROVIDING THAT ALL
AD COPY, INCLUDING COPY FOR OPTIONAL OR
COURTESY NOTICES IS TO APPEAR IN PRINTED FORM
IN THE LANGUAGE IN WHICH THE NEWSPAPER IS_
PUBLISHED; AND FURTHER DIRECTING THAT IN THE
FUTURE THE CITY SHALL CONSIDER AS AN OPTION,
IF LEGALLY PERMITTED TO DO SO, THE USE OF
- DIRECT MAIL RATHER THAN PUBLICATION OF
ADVERTISEMENTS OF PUBLIC NOTICES IN LOCAL
NEWSPAPERS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF"MIAMI;
a FLORIDA; —
Section 1. Effective February 10? 1989, all City
departments and offices are hereby instructed to use only the
following newspapers for publishing public notices, absent any legal
emergency requiring placement of such notices elsewhere; such usage.
_ for -placement -of courtesy notices; i.e., those notices which are not
legally required to be advertised,1s required to be made by City
departments through a rotational process on an equitable basis; said
}
newspapers and any other newspapers whose names may be furnished to
the City Clerk by any member of the City Commssion being hereby
_ required at all times to meet criteria established by Motion 8Z=6171f 'a
. IC'tyj N
adopted on July 22, 1982:
L
i ii t
4}` ATsf!1R'� �R'•* �.�� t t' 1 ti 5 > : i Sk P! ,}�. r.t
'*,F,r ' r, i^+ of j..r. ,�d1 •�-.�.` ..._ � �=
}
t
t �•�F` r pt } . � s
h
sp�yy,, j*���jpp���3y.
=, • 'At Vnas News - - >. 3.Xw'-!•.Slr 'k lY 3j'4•F
it lF 1 t 1
`k L
Community Newspaper
r ■i� �j
blario as Americas t " ✓ y3 1 Z�I
Panorama Hispano/us
Patria }x tV4,I} �r
Prensa Grafica „
S r The Miami Herald
The Miami Review
The Miami Times
x
section 2. This Resolution supersedes all previous:,
resolutions approving the use of local newspapers foil. r7�n
3 y4
} advertising.
Section 3. All ad cop
y, including copy for optional or;
courtesy notices, is to appear in printed form in the language in
which the newspaper is published. In regard to the
advertisements of public notices placed by the City Clerk, unless
otherwise provided by law, the City Clerk is hereby authorized to -
es
tablish guidelines for the size of type, text and general;
format of all ads placed by the City Clerk.
Section 4. In the future, the City shall consider as an
option, if legally permitted to do so, the use of direct mail.,
n,
�4k
rather than publication of advertisements of public notices in
local, newspapers.
Section 5. This Resolution shall become effective,
tY 4
immediately a pon itsadoption.
�34 `n
' l
The herein authorization. does notpply.'to the otheXi�t�rt p
community newspapers printed b the
newspaper. y publleher o: ttisti
AW zr Air
Use of, this newspaper is required when ad:vert isement
must
comply with the provisions of . Florida. Sat�ttes,#
166.041(3) O 2b.. Other use .of this news a
o -. p P.
y{ ; specifically approved b the.` 4.t Maria er 4. his d "'•-"''�"..
y y g k �nfter cQnsidoration of at. ,vontep, and eiz� o� t����� ��s
audienc+s r
}1 t 26
ril"ll?
r f
;,; ld✓ S ,.:r a F,. E d "+av`.Y _4
.1 "'
"`#rs iR�►Y1�iK Mi JWAIM S WJi1iWR.
�T 4
y
t
MATTY HIRAI
cl-" CLEAR
*)
PREPARED AND APPROVED BYt
rL
"
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
7f
.
-
APPROVED AS TO FORM AND CORRECTNESSt'
JORGE L. FERNANDEZ
'
S S
CITY ATTORNEY
-
-•
9t 4l5 C"'Y 5 K t
y
IA
._ r_ Yam` A '' a�i�&t �-�# £`,, s i ' "� ,.2 `•* ,4} +q c:g
It
K yytt- t y y, f J J C 1 °�Y -•4�3*n C�'fj
'till Of S
United States
}.x
Same ] " eh 2t; ivis4�{4,F
` t. � •,.�4 x s s
WN
Ts
dFL 33IS2
A, �117,
.,a:' ji k� ` si s� hms"tea
Yt a
411 ti> arw 8°,d4t 1y,� `R?
��Y x.,�'4 .zt 4 �h � y`, X 1 `.i •'1 �' : �` fF � � M �'�rrw A�.�+✓ �'t� i �.
7 F° !
G '
ME � Robert Liar ., ¢� �4Y'
Deputy. Attorney ifs
i city >ef MaAi
Y
ay � 1- 846 3rd- Avenue,
Kiaai, FL,33131-170k
bear SU:
F'T
. Iho. publication,, Comounity Newspapers, has been. authorized .secoh&clae�eF.n : sail privileges at the Riami- post Office: '
..i
W; have. -attached a copy of the authorization .for pour information.
5
p Sincerely,h,
U T ° 1 ." M
W� �� F
,t 4 Paulette' Kelly
A/Nanaaer, Killing 9equirements
gMw
" 'rs is # z
Attachment� 3r terk,,yyx�t.fi�� t
t£'s�"- .. ATM,
:•ate S trr n{}�' 1'4 �='�%itN+,��<+ �t �'�y7 �,�dS� eSn,•�'1..P��1F��'�` «t
->.f i ac r .s ,• 3 :s x 3 rA�,a 5''{j .}' i t c7"�am
`3 -
Sf 'Y ).i !. , a', �.,; �,?.� K ,�, '�-v.�`X sly' �� I tf't§v `+-�?�v ""�, �" 4`s %1Y Yga �•�Yrh' j, ��
aR�T
ti
Ito IN AdVj'r--9S9ff
a`fi5ii r A ai'It.11.itth For �.:optit ty of 'Wenrul-t lm,% Isub1 ie.ttittl►i
4MUMIIY NEW APr-It t
t —
Post'sa►tar
ATTMt ranajnr `'�i`in, pt1�uirr.In�tttS 1
MtAHt. L 33lsr-7999
tt/dvtt reviS4-J our !rocor Ci &.% rellmoct thc• e11Ai1C;!RS rc±rjuw.-;tw4 by th^ �
it ahar� This ac•-ion a is 1. Acwtl tan tAw �sstoomst tun th�0 th" auhl ic.lt
tt IIuaS to Ip-ill; ai1. re ,Ili r.ir••nt s or sl•ttitid-t: 1 it. m-li 1 itlr. pr i vilcgus; �Nrii
;r.t oe•l.e no Qvi4w I t so rcslit ica tm•r. pI 1•11hii ity.
1 f a) 1owIfig is 3 su•n-vary of our rrcor •Is nn thetluhl i c it: ictn. 1'1 ease 'rov iew
j and asvi se 1.hit tiff ic.-I ir,•-it' fi•11toly i i stir infur.n /lion iy tint, in oorertltnt
.h your recrdne
,;Is NN.Iuuar : G't i-! In I SCM: o,,4 E►-nt 47 ) 1
:.luunc:r: '1.1 LY 'Xf;;Pr SOLT L 5Uo1 ) {
.hor i tilt; *Jos 1'rr X1 I C••c t i un: 1 ?2.h Nemilnlr of Y: 1' � ar1Y.
us Mu::lwr 1 •?(1: 1•11.t Ilal.t Rullwor i ro f: o1/T.7J9'� Ifi I
•.artiisi.n�� . . S!u•ci•ll �.It�! Clf�•ctivr.:
+tr;te.i�v •: iL • (ml Oi•t•j Last t`t.•l:ntlo•t/t 1: 12/1'i/ b
s J52s,: ?U .L �S•1�. .UST F1L C. VC) P11'1L 1 S11 ! _
l.IS:I afvise the pt'+l i-Owr :•i•1/ !tit USrS net -;her• t.cin-;ins u!.t be rintrlf
all fuLury ls,tio (u.,jo samt•t i!ml hut••,•!•I, is miti l %Irisill �•
: s%i f-jrM%I a Cu�)Y )r llli!. 11•tl•!r 1A till• iltll:li'.11:!r• Ail .lilt./ICfrl:t!�
tees of -I.i f1 t i JIl'1 •retry t1ly ? homli ►iol if iorl /)y It•i Lr•ri.
dun S. Pr u
lira] train i •• or
as anJ LIE - i ` i e•tT.- i an Cmit.or
ica of Cla :+if ic• tiall' .Itld n lfp%
_ 11IM�1li�MlN11lI�room 00"lo •1 Mm" d..t•..1�•, �, I
' i Y
1 t
V uEF1C,F G ,I
41
? M1 t< ✓ 4 n�
,y� ��lrr) ✓ y R�yAt t
_ r ld S h 4 �-•�3k� � �t� �� ��4'�y� Y
4 t
. .0. _:1 .-.. ;... , . ... .t.,,..:: ._: > ,.. .:� c . •, .... ). ._ _ i � :i.; _ . _.� .i ..... ,?i� _lei d=,..'sx 6��."..Fti 'r.:�:•T7Lr��F ... .. _
of MIAMI, fLOPHDA
IMR-OFFICE MWORANDUM
:.:
k6norab!* ayo�r and Members b!►tE : January 25, 1989, 9
of the City Commission
., publication of City's legal
advertisements
,,�' -l�•��t :. r • (,� ri'� lip'(. .
pow.,..forge L. �ernandez aE�ERENCEs
";ellcity Attorney
ENCLOSURES.
! In preparing a formalizing resolution to reflect the City Y
r Commission's action at its meeting of January 12, 1989, Agenda'
item #31 (Motion 89-36 and Motion 89-37), we have required the
publishers of both The Miami Review and the Community Newspaper
to furnish our office with a current certificate of their
registration with the U.S. Post Office as Second Class Mail
matter,,.
{ At the resent time, the only newspaper _
P y p per which meets the
requirements of Section 164.041(3)(c)2b, Florida State Statutes,
is the Miami Herald. This law pertains to publication of notice
in cases in which a proposed rezoning or change in permitted use
deals with more than five percent (5%) of the City's total land`
area.
JLF/RFC/bss/P639
cc: Cesar H. Odio, City Manager
Attn: Aurelio Perez-Lu ones Legislative
g , Administrator : y
Matty Hirai, City Clerk
r Ron E. Williams, Director, General Services Administration
Attn: William Schaut, Procurement Supervisor
Edith Fuentes, Director, Building and Zoning Department
Attn: Gloria Fox, Assistant Executive Secretary
Donald W. Cather, Director, Public Works Department
Attn: Gene M. Palaez, Contract Engineer'-
- r
Adrienne L. Friesner, Assistant City Attorney
G. Miriam Maer, Assistant City Attorney t= j Joel E. Maxwell, Assistant City Attorney '<<<
ow
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Oft Oit MIAMI, FLOA10A
1Ntth-OPPICE MEMORANDUM
H6nftable Mayor and Members
Of the City Commission
a
t Attorney
bAft :
Lt :
January 24t 1999
The - Miami Ravi"
i
I Following the City Commission Meeting of January 12,`19890
we conducted an intensive review of the law concerning the status' f
of The Miami Review which is regularly published five days a week,
r. and is not published on Saturday, Sunday or on a legal holiday
The Florida Supreme Court opinion in Culciasura v. Consolidated
Bond & Mortgages Co. at al., 114 So. 540 (Fla. 1927), was also re-
examined and the frequency of issue of the particular newspaper
in that case is not considered as having been in issue in the
Courts decision. Accordingly, we are affirming the positlon
that The Miami Review is indeed a "daily" newspaper of general_`
circulation. Our previous opinion, MIA-86-12, dated
February 25, 1986, is attached by way of background, guidance and
reference to the City administration.
JLF/RFC/bss/P635 a
cc: Cesar H. Odio, City Manager w �<<s
Matty Hirai, City Clerk }�
Ron-E. Williams, Director
General Services Administrtion
1 G. Miriam Maer, Assistant City Attorney
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fit" 00 MIAMI: 1PLORMA
INTIMOINFiCIt MItMORANDUM
eats, ��s: .. ` 3
Cesar i0 pebrua 25, 1986 MfA 86 -1 =
City ana r
Legal Notices
Newspaper Advertisements
Rw►ow uc a A. Do herty RERERENCE><: Revolution No. 85-1182
City Attor y
tNC�OfYIlE�:
I
's
S
You have requested an opinion regarding the minimum legal
notice sufficient to meet the requirements of law as set forth in
j; the Florida Statutes and the City Code. in your request you
' referred to City Commission directives to maintain Fiscal Year
85-86 advertising expenditures on a par with Fiscal Year 84-85.
I. Florida Statutes
Chapter 50, Florida Statutes (1985), entitled "Legal &
Official Advertisements, sets forth the minimma statutory
requirements which must be complied with whenever a legal
advertisement, publication, or notice in a newspaper is required
by statute. Among ether requirements pertaining to frequency of
- publication of an eligible newspaper and its availability to the
public, it provides that the newspaper must customarily contain
information of a public character or of `interest or of value to
f the residential owners of property in a county where published or
of interest or value to the general public. Chapter 50 also
_ establishes minimum commercial rates for legal advertisements,
including notices of all governmental bodies'or agencies.
j Section 166, entitled "Municipalities," Florida Statutes
(1985), provides in pertinent part as follows: x
05166.041 Procedures for adoption ' of w :Y
ordinances and resolutions.
(3)(a) Except as provided in paragraph
,i (c), a proposed ordinance may be read by }'
title, or in full, on at least separate
;days and shall, at least 10 days
y prior to
adoption, be noticed once in a newspaper of
— general circulation in the municipality. The
— u#
notice... shall state the date, time, and {-
place of the meeting; the title or titles of
proposed ordinances; and the place or places =r `
within the municipality where such proposed
ordinances; can be inspected by the public. ~'
The notice shall also advise that interested
;2 rt
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,..,..,: :. _ . : ' .. ., .. ,,., ,.•: _... _:' ..:_� ,,.....;:a, - x._.,.. .. _,..-, ,. .._. _ >.v.:%���,,, .,.-5.'Y4 .,;r,:__-i..,,5Ft__�7�.��n�.'a�,,,�`e'�� a1. .,
4
r
Pebruary
Aasi' pads 2
patties may appear at the meeting and be
heard with respect to the proposed ordinance
(b) The governing body of a
municipality may, by a two-thirds vote, enact
an emergency ordinance without complying with
{ the requirements of paragraph (a) of this F
s subsection. however, no emergency ordinance 3 t,
vs
shall be enacted which enacts or amends a
land use plan or which rezones private real r'
' property. -
(c) Ordinances initiated by the
governing body'or its designee which rezone °{
specific parcels of private real property or r, f
which substantially change permitted use
categories in zoning districts shall be
enacted pursuant to the following procedures
1. in cases in which the proposed
zd rezoning or change in permitted use. involves
less than 5 percent of the total land area of ,
the municipality, the governing body shall
direct the clerk of the governing body'to .,
notify by mail each real property owner whose fir`
land the municipality will rezone'z or whose N
land will be affected by the change "in
permitted use by enactment of the ordinance
and whose address is known by "reference to hkwr
the latest ad valorem tax- records, The
notice shall state the substance of the r,
proposed ordinance as it affects that
Property owner and shall set a true and place �
for one or more
- public hearings `on :such
ordinance. Such notice shall > be given at
least -30 days' prior to the date, set for the J :
public hearing, and a ropy of the notice
shall be kept available for public inspection �`
���F�"Jr��.
during the regular business hours of the
office of the clerk of the governing body.
T'he';. governing' body shall hold.
a public on the proposed ordinance anmays theconclusion
'
`£
of the . _ hearing,,
ivamediately adopt. the ordinance. _.
�L
2. In cases in which the
proposed�,�
ordinance deals with more than 5 percent of
-r;ly r
- ! )j T 19
_.. v„ x..�.,
proposea oratnance. Both hearings shall be
`
held - after 5 p.m, on a weekday, and the first
shall be held approximately 7 days after the
-
day that the first advertisement is
published. The second hearing shall be held
approximately 2 weeks after the first hearing
and shall be advertised approximately 5 days
prior.to the public hearing. The day, time,
and place at which the second public hearing
will be held shall be announced at the first
public hearing.
b. The required_ advertisements shall
be no less than one -quarter page in a
standard size or a tabloid size newspaper,
3 and the headline in the advertisement shall
be in a type no smaller than 18 point. The
advertisement shall not be placed in -that
portion of the newspaper where legal notices
and classified advertisements appear. The
advertisement shall be published in a
_newspaper of general paid circulation . in the
municipality and of general interest and
., readership in the community, not one, of
.. limited subject matter, pursuant to ' chapter
50. It is, the legislative intent that,
h wenever possible, the° -advertisement a ` ppear
. in -,a-, 'newspaper that is , published. at -least 5
'
days a week unless the -only newspaper in. the
+ community is published less _than 5° days a
week. The advertisement - shall be in: the
97 Fl
5
following form:
;
-i .
♦ : jwu
i+ NOTICE OF ZONING (PERMITTED USE) CHANGE
t
t .
�.
The _ _ (name' of local governmental unit)
-f
proposes to rezone (change the permitted use
t
Of)! -the land within the area shown in :the,in
in this -advertisement.
.§.,�� ..
Z
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r. .��
C.,
A public hearing on the rezoning will be held
on (date and time)_ at (meetinpr
lace)
The advertisement shall also contain a
geographic location map which clearly =r
1 indicates the area covered by the proposed
ordinance. The map shall include major
street names as a means of indentification of
the area.
In lieu of publishing the
advertisement set out in this paragraph, the
municipality may mail a notice to each
person owning real property within the area
r �
covered by the ordinance. Such notice shall
clearly explain the proposed ordinance and
shall notify the person of the time, place,
and location of both public hearings on the
proposed ordinance.
(6) The procedure as set forth herein
shall constitute a uniform method for the
adoption and enactment of municipal
ordinances and resolutions and shall be taken
as cumulative to other methods now provided
by law for adoption and enactment of 4
municipal ordinances and resolutions. By a
future ordinance or charter amendment, ' a } SY
municipality may specify additional ,Ys f iY
1
1 requirements for the adoption or enactment .of
ordinances or resolutions or prescribe
procedures in greater detail than contained
k herein.' However, a municipality shall °not
F r yr of d
have `the power. 'or authority to lessen or v Y`
reduce the requirements of ` this section or t ua
ether requirements' as provided. b ;xt,t
y general
law. ti �Y
> ry
i
ti.. hye7 ss
II. Miami City Code (1985)
Sec. 62-54. Public notice Generally.'
`a
When` € ai
public notice' is required, the
administration of the comprehensive planning xx
program as set out in section 72 of the city
charter and ordinances enacted thereunder%,:,f
14—
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s.Ct.
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iyye�aerVoie
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$
+�ei+ty 1kh"Ager
ag� S
r
the
type and the manner of public notice to
be
given shall be as set out in the ordinance
or
section of the
ordinance for the matter
involved and as set
out in section 62-55.
Sec.
62-55. Dame -
Types.
T'
The requirefients for the types of public notice
are as follows:
(1) Newspaper publication. Publication of
tc) a newspaper devoted primarily to, .
reporting information of interest
in an area or locality of the city'.s.:'''z
r°
-Such publications shall be made not .less than
ten (10) days in advance of the public
t x hearing.z 4
(4) Additional - and optional notice. The:. �z
x planning advisory , board, zoning board, , or
city commission, -as .the case may be, may give
4 a additional and optional notice as may . be
:.deemed proper for the circumstances involved
x for the particular hearing, but such
_ k4 additional notice shall not be deemed ,a b
x ,T legally required. Where such additional or > _y
_ optional notice is given, failure of an
i individual property owner or groups of
E z ,property owners or residents to receive or be. ' i L q r
aware of such notice shall not void any, ," F a
z action taken by the zoning board, planning �x
�t
advisory board, or the city commission, as
the: case may be,
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i r ;.i - n _.t } i t 7 f�� � i � { •fir d +w. r.
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iy► ,gar page 6
Y 4 ei . 18.52.1a Competitive sealed bidding
'focaduires as follows:
M Public notice. Notice inviting
k 'i 1. _
{k ,; bids shall be published at least
once in a news e a r of general
circulation �riity'_ a
reasonable time prior to bid
openings but in any event at least
fifteen (15) calendar days shall
intervene between the last date of,.
publication and the final date for
submitting
hbids. Such notice shall,
t
Y general description of
the goods or services to be" `
purchased, the place where a copy
of the invitation for : bids may be #n
�� ��„ obtained, and the time and place
for opening of bids.
III. Case Law y°
AYthough, the, above -cited statutes and code sections do note
define,a newspaper of general circulation, case law his defined
it to be: anewspaper which contains news of a general- charac�eY
and interest to the community, and available to the general
public even though it is not. read by. ,everyone. Johnson'.v
Taggart, 92 So.2d 606 (Fla. 1957) (where newspaper in which the
notice of application for a tax deed was published was of limited
circulation with no circulation in the area in which the
landowner resided and where there were 2. other larger daily
newspapers in the area)='State v. 'Leatheecote, 39 So.2d 716
1949) (Court held that where .a newspaper such as the Jewish
Floridian, a newspaper'` of limited. circulation•'(approximate-l'y
4,000,_copies) ,and devoted primarily to interests of a special
class or groups, contains news of a general character and
interest to the community, even though limited but not nsgligiple
in z amount, such a publication may qualify as a, newspaper,, ;of
general circulation).
4
The Miami Review is a daily newspaper of general circulation
with a circulation of approximately 7,800. It describes`itseif
as areview business publication" and contains inforntaon
primarily" in the "areas of business,,. financial, economic,, legef;}
and real estate matters,
t
��ea trio
february 88* 1686
lariiger Page 7
The Supreme Court of Florida found the Miami Review to be "a
newspaper of general circulation" in the case o Selvverstone v.
Jacobson, 116 So. 724, (Fla. 1928), and reaffirmed or follmomwNel
Its elusion in the cases of Eristavi-Tchitche*ine et al.
Miami beach federal Savings a Loan Assoc at on, 16 SO.2d
a. )• and Anderson v* Urty'oT north Miami, 99 So.2d 861
(Fla. 1957).
�i IV. Alternatives _t
(A) Non -Planning & Zoning Items
City Commission Motion 82-6170, passed on July 22, 1982, aets
forth criteria which a newspaper must meet in order to qualify
for City advertising. Among these criteria are the requirements
} that the newspaper have a circulation in excess of 10,000 and the
ti circulation be mainly within City limits.
f Required legal notices for proposed ordinances regarding
items other than those concerning a land use plan or a rezoning
could be placed in the Miami Review at least 10 days prior to
adoption, in compliance --with statutory requirements. If this
alternative is selected, 562-55(1)(c) must be deleted and the -
remainder of the section reviewed. Also, Motion 82-617 would
require amendment or repeal. Additional notices in an
abbreviated format could be placed in non -daily pages as optional
or courtesy notes.
# The legal notices themselves must continue to set forth
information required in F.S. 166.041(3)(a). the
(e) Planning and Zoning Items
With regard to pro
or a rezoning of Posed ordinances affecting a land use plan
g property, the requirements of F.S. 166.04I(3)(c)
are unavoidable.
1
_i, Furthermore, the additional 1 K
166.041(3) (c) (2) (b) that the newspaper must 3 be "of in P.S. Y `'
circulation in the municipality and of " general paid
P Y ,_, general interest and
readership in the community, not one of limited subject matter,.
pursuant to Chapter 50 (Florida Statutes)", indicates a
legislative intent that the newspaper in which such items are
placed, be one of a broader readership reaching a more varied
cross section of the community, than the more limited readership_
a newspaper of
P general circulation such as the Miami Review might
be anticipated to serve. _+
1 S p {C
wr >F
-
R�
{{. tea,
and other smaller daily and non -daily newspapers if such
y additional, 'but not legally required, notices are desired by the
'i Commission. If no such additional optional notices are
necessary, City Code 562-55(4) should be revised or deleted.
a
It is important to note that the legal notices placed in the
newspaper pursuant to F.S. 166.041(3) (c) (2) (b) must conform to
the precise format set out therein and must include geographic
location maps which clearly indicate the areas covered by the
proposed ordinances, as well as major street names.
If the City decides to conform to the minim=- legal
requirements set forth in the Florida Statutes, Sec. 62-54 of the
} City Code should be amended to delete references to other Charter
Code Sections for additional notice requirements. Please advise._
if you wish us to prepare any of the above amendments.
i,
This office is in the process of reviewing drafts of.
abbreviated public notices for planning and zoning items and will
provide comments on these to the Director of the Department of
Planning & Zoning Boards Administration.
Prepared and Approved by:
a
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�.A/%•� 11111,41
�/A
! G. MIRIAM MAER
I ASSISTAMT CITY ATTORNEY 'T y��'
t , � z , Vx,
cc: Honorable Mayor Xavier L. Suarez
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and Members of the City commission+
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