HomeMy WebLinkAboutO-10454J-88-678
7/13/88
ORDINANCE NO. 14454�
AN EMERGENCY ORDINANCE AMENDING SECTION 62-55
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO CHANGE THE REQUIRED NOTIFICATION
FOR PUBLIC HEARINGS IN REGARD TO
ADMINISTRATION OF THE CITY'S COMPREHENSIVE
PLANNING PROGRAM TO COMPLY WITH MINIMUM
REQUIREMENTS OF STATE STATUTES AND THEREBY
REDUCE THE OPERATING COST OF THE CITY;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the City Manager recommends adoption of this
Ordinance in order to reduce the cost the City incurs in
notifying the public of public hearings; and
WHEREAS, it is essential because of budgetary restraints to
reduce the City's operating cost;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Section 62-55 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars: 1/
"Sec. 62-55. Same - Types.
The requirements for the types of Pnblic Notice are as follows:
(1) Newspaper publication. Publication of public notice in a
newspaper shall consist of publication in-:- a newpaper of general
paid circulation in the municipality 'and of general interest and
readership in the community,.not one of limited subject matter.
-p-a pe-, ei general e i-r-e=n i a t i-e rt—sz a li e-city,
newspaper -ei general
e-i--retia-z-ro n i n-mere-eiey;
e-- the
--- r e-p e-t t i n g---,- f financial,
-4datTi!—anti legal
infe-rmation; and
Such publications shall be made not less than ten (10) days in
advance of the public hearing.
e0mmi&siolk, &a the ease may be, shel-I be sent at least tem
daYs in a�an-e-e a€---a4t e---hearing by m a-j—z e--t h e owner ef t-bt
1/words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. Asterisks
indicate omitted and unchanged material. Remaining provisions
are now in effect and remain unchanged.
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(3) +fir-} Additional and optional notice. The planning advisory
.board, zoning board, or city commission, as the case may be, may
give additional and optional notice as may be deemed proper for
the circumstances involved for the particular hearing, but such
additional notice shall not be deemed as legally required. Where
such additional or optional notice is given, failure of an
individual property owner or groups of property owners' or
residents to receive or be aware of such notice shall not void
any action taken by the zoning board, planning advisory board, or
the city commission, as the case may be.
Section 2. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the. provisions of this
ordinance are hereby 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.
Section 4. This ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami and upon the further grounds of the necessity to make
the required and necessary payments to its employees and
officers, payment of its debts, necessary and required purchases
of goods and supplies, and to generally carry on the functions
and duties of municipal affairs.
- 2 - 10454'
Section 5. The requirements of reading this Ordinance on two
separate days is hereby dispensed with by a vote of not less than
four -fifths of the members of the Commission.
PASSED AND ADOPTED this 14th day of Julys, 1988.
IER L. S A Z, MAYOR
AT S .
MA HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
'6,e�--, &��Zc
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPR VED AS TO FORM AND'CORRE NESS:
JORG L F R DEZ
CITY ATTORNEY
I, Nfntty Hirai, Cleric of the City of M1.ln
hereby certify thtit on thedn,' of�
A. 19.f'�;t full. lru Q :lnd =-rec't cop;r of the :?bone
:1'i`;;UI11}� ill'lllil;lll C 1.; 11t:.Ct^il ;?t tll; so.,ah liU.)l•
t,le Ihicie r.;ount C.;urt 1.1•>u.;e ::t OW ll!.l•:e l;r::wided
.r notices and publi:i1tions by :lanchiup, said copy to
t:i: phice provid.".1 tilerefur.
i'Il'1',\1:SS tnt' l;:lild ;l l c!c
ti;ll seal of said
C it; this day Of— y• D. lc}�
City Glcrk
3 -
10454'
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelms V. Ferbeyre, who on oath says that she Is the
Supervisor of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
ORDINANCE NO. 10454
RE: EMERGENCY ORDINANCE
AMENDING SECTION 62-55
Inthe ...... X..X . X.......................... Court,
was published in said newspaper In the Issues of
July 26, 1988
Afflant further says that the said Miami Review Is a
newspaper published at Miami In said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published In said Dade County, Florldal 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
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
aftfant further says that she has n aid nor promised any
person, firm or corporation an iscou rebate, commission
or refdnd for the purpose o curing fits advertisement for
oublication In th"aid new er,
`� �tiQ; • 0 'M I' ;Idv subscribed afore me this
dg •of A. .ul.y.',... A.D.19-A8
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= �.� , .. `�� •` • 'Cli>>ryl H.NIeI� mar .... . _
.NjtQ Ptfbllc`tate of Florida at Large
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
Cesar H. Odio
FROM: City Manager
Recommendation:
DATE: J q y a.. FILE:
SUBJECT: Proposed9rdinance
Amending the City Code
Sections 62-54 and 62-55,
Public Notice
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached ordinance which amends Sections 62-54 and 62-55, Public
Notice, which sets requirements for notification of the public by
the Building and Zoning Department on Planning and Zoning items
prior to a public hearing by changing the requirements to the
minimum. legal statutory requirements.
Background:
The existing requirements for public notice exceeds the minimum
legal requirements set forth in Chapter 50 and Section 166,
Florida Statutes (see attached copy). The difference is as
follows:
NEWSPAPER ADVERTISEMENT
Florida Statutes
City Code
In one newspaper of general
In three newspapers
paid * circulation in the
1- General circulation.
municipality and of general
2- General circulation
interest and readership in
devo.ted primarily to
the community, not one of
financial, business,
limited subject matter.
industrial and legal
information.
3- Devoted primarily to
reporting information.
of interest in an
area or locality.
Mail notice is not required by Florida Statute except in rezoning
or.change in permitted use when it involves less than 51% of the
total land area of -the municipality or in lieu of publishing an
advertisement when over 5%. This notice would only be to real
property owners whose land is being rezoned or will be affected
by a change in permitted use.
Included with this recommendation is a copy of the City Attorney
Lucia A: Dougherty's opinion of February 29, 1986 wherein she
concurs with the above.
104596 3 _/
Honorable Mayor & Members
of City Commission
Page 2
Posting under Section 62-55 (2) and additional and optional
notice under Section 62-55 (4), although not a requirement by
State Statute, are recommended to be retained.
Therefor, it is being proposed that the newspaper publication of
advertisement .For a public 'nearing be reduced from three (3) to
one (1) and eliminate the requirement of mail notice except as an
option when deemed proper for a specific circumstance.
.:2—
F.S. 1985 MUNICIPALITIES Ch. 166
within the municipality or at a special election called for
such purpose.
(2) Upon adoption of an amendment to the charter
of a municipality by a majority of the electors voting in
a referendum upon such amendment, the governing
body of said municipality shall have the amendment in-
corporated into the charter and shall file the revised
charter with the Department of State, at which time the
revised charter shall take effect.
(3) A municipality may amend its charter pursuant to
this section notwithstanding any charter provisions to
the contrary. This section shall be supplemental to the
provisions of all other laws relating to the amendment of
municipal charters and is not intended to diminish any
substantive or procedural power vested in any munici•
pality by present law. A municipality may, by ordinance
and without referendum, redefine its boundaries to in-
clude only those lands previously annexed and shall file
said redefinition with the Department of State pursuant
to the provisions of subsection (2).
(4) There shall be no restrictions by the municipality
on any employee's or employee group's political activity,
while not working, in any referendum changing employ-
ee rights.
(5) A municipality may, by unanimous vote of the
governing body, abolish municipal departments provid-
ed for in the municipal charter and amend provisions or
language out of the charter which has been judicially
construed to be contrary to either the state or federal
constitution.
MW".—s 1. ch 73.129.
166.032 Electors. —Any person who is a resident of
a municipality, who has qualified as an elector of this
state, and who registers in the manner prescribed by
general law and ordinance of the municipality shall be
a qualified elector of the municipality.
HIMM.—s 1, ch 73-129.
166.041 Procedures for adoption of ordinances
and resolutions.—
(1) As used in this section, the following words and
terms shall have the following meanings unless some
other meaning is plainly indicated:
(a) "Ordinance' means an official legislative action of
a governing body, which action is a regulation of a gen-
eral and permanent nature and enforceable as a local
law.
(b) 'Resolution" means an expression of a governing
body concerning matters of administration, an expres-
sion of a temporary character, or a provision for the dis-
position of a particular item of the administrative busi-
ness of the governing body.
(2) Each ordinance or resolution shall be introduced
in writing and shall embrace but one subject and mat-
ters properly connected therewith. The subject shall be
clearly stated in the title. No ordinance shall be revised
or amended by reference to its title only. Ordinances to
revise or amend shall set out in full the revised or amend-
ed act or section or subsection or paragraph of a section
or subsection.
(3)(a) Except as provided in paragraph (c), a pro-
posed ordinance may be read by title, or in full, on at
least 2 separate days and shall, at least 10 days prior to
adoption, be noticed once in a newspaper of general cir-
culation in the municipality. The notice of proposed en-
actment shall state the date, time, and place of the
meeting; the title or titles of proposed ordinances; and
the place or places within the municipality where such
proposed ordinances may be inspected by the public.
The notice shall also advise that interested parties 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
subsection. However, no emergency ordinance shall be
enacted which enacts or amends a land use plan or
which rezones private real property.
(c) Ordinances initiated by the governing body or its
designee which rezone specific parcels of private real
property or which substantially change permitted use
categories in zoning districts shall be enacted pursuant
to the following procedure:
1. In cases in which the proposed 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 noti-
fy by mail each real property owner whose land the mu-
nicipality will rezone or whose land will be affected by
the change in permitted use by enactment of the ordi-
nance and whose address is known by reference to the
latest ad valorem tax records. The notice shall state the
substance of the proposed. ordinance as it affects that
property owner and shall set a time 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 public hearing, and a copy of the notice shall be kept
available for public inspection during the regular busi-
ness hours of the office of the clerk of the governing
body. The governing body shall hold a public hearing on
the proposed ordinance and may, upon the conclusion
of the hearing, immediately adopt the ordinance
2. In cases in which the proposed ordinance deals
with more than 5 percent of the total land area of the mu-
nicipality, the governing body shall provide for public no-
tice and hearings as follows:
a. The local governing body shall hold two adver-
tised public hearings on the proposed ordinance 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, 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 ap-
pear. The advertisement shall be published in a newspa-
per 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
877
10AC4-
Ch. 166 MUNICIPALITIES F.S. 1985
is the legislative intent that, whenever possible, the ad-
vertisement appear 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 following form;
NOTICE OF ZONING (PERMITTED USE) CHANGE
The tjX" of local aovemmentai unit) proposes to rezone
(change the permitted use of) the land within the area
shown in the map in this advertisement.
A public hearing on the rezoning will be held on teat+,
"Ume1 at )meeting daces .
The advertisement shall also contain a geographic loca-
tion map which clearly indicates the area covered by the
proposed ordinance. The map shall include major street
names as a means of identification of the area.
c. 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 cov-
ered 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.
(4) A majority of the members of the governing body
shall constitute a quorum. An affirmative vote of a majori-
ty of a quorum present is necessary to enact any ordi-
nance or adopt any resolution; except that two-thirds of
the membership of the board is required to enact an
emergency ordinance. On final passage, the vote of
each member of the governing body voting shall be en-
tered on -the official record of the meeting. All ordinances
or resolutions passed by the governing body shall be-
come effective 10 days after passage or as otherwise
provided therein.
(5) Every ordinance or resolution shall, upon its final
passage, be recorded in a book kept for that purpose
and shall be signed by the presiding officer and the clerk
of the governing body.
(6) The procedure as set forth herein shall constitute
a uniform method for the adoption and enactment of mu-
nicipal ordinances and resolutions and shall be taken as
cumulative to other methods now provided by law for
adoption and enactment of municipal ordinances and
resolutions. By future ordinance or charter amendment,
a municipality may specify additional requirements for
the adoption or enactment of ordinances or resolutions
or prescribe procedures in greater detail than contained
herein. However, a municipality shall not have the power
or authority to lessen or reduce the requirements of this
section or other requirements as provided by general
law.
History.—s 1, ch 733129. E 2, ch 76-155, s 2, ch. 77.331. s. 1. ch 81240: s. 1,
ch 83.301
166.042 Legislative intent.—
(1) It is the legislative intent that the repeal by chap-
ter 73.129, Laws of Florida, of chapters 167, 168, 169.
172, 174, 176, 178, 181, 183, and 184 of Florida Statutes
shall not be interpreted to limit or restrict the powers of
municipal officials, but shall be interpreted as a recogni-
tion of constitutional powers. It is, further, the legislative
intent to recognize residual constitutional home rule
powers in municipal government, and the Legislature
finds that this can best be accomplished by the removal
of legislative direction from the statutes. It Is, further, the
legislative intent that municipalities shall continue to ex-
ercise all powers heretofore conferred on municipalities
by the chapters enumerated above, but shall hereafter
exercise those powers at their own discretion, subject
only to the terms and conditions which they choose to
prescribe.
(2) Nothing contained in s. 5, chapter 73.129, Laws
of Florida, shall be interpreted to impair any claim
against a municipality or to affect the validity of any
bonds or obligations issued under authority of any of the
chapters enumerated in subsection (1).
History.—s. 5, ch 73.129
166.0425 Sign ordinances. --Nothing in chapter
78.8, Laws of Florida, shall be deemed to supersede the
rights and powers of municipalities and counties to es-
tablish sign ordinances; however, such ordinances shall
not conflict with any applicable state or federal laws,
History.=s 5, ch. 78-8
Note. —Also put*shed at s. 1250102.
166.043 Ordinances and rules imposing price con-
trols; findings required; procedures.--
(1)(a) Except as hereinafter provided, no county,
municipality, or other entity of local government shall
adopt or maintain in effect an ordinance or a rule which
has the effect of imposing price controls upon a lawful
business activity which is not franchised by, owned by,
or under contract with, the governmental agency, unless
specifically provided by general law.
(b) The provisions of this section shall not prevent
the enactment by local governments of public service
rates otherwise authorized by law, including water, sew.
er, solid waste, public transportation, taxicab, or port
rates.
(2) No law, ordinance, rule, or other measure which
would have the effect of imposing controls on rents shall
be adopted or maintained in effect except as provided
herein and unless it is found and determined, as herein.
after provided, that such controls are necessary and
proper to eliminate an existing housing emergency
which is so grave as to constitute a serious menace to
the general public.
(3) Any law, ordinance, rule, or other measure which
has the effect of imposing controls on rents shall termi.
nate and expire within 1 year and shall not be extended
or renewed except by the adoption of a new measure
meeting all the requirements of this section.
(4) Notwithstanding any other provisions of this sec-
tion, no controls shall be imposed on rents for any ac-,
commodation used or offered for residential purposes
as a seasonal or tourist unit, as a second housing unit,
or on rents for dwelling units located in luxury apartment
buildings. For the purposes of this section, a luxury
apartment building is one wherein on January 1, 1977,
the aggregate rent due on a monthly basis from all dwell-
ing units as stated in leases or rent lists existing on that
date divided by the number of dwelling units exceeds
$250,
(5) No municipality, county, or other entity of local
government shall adopt or maintain in effect any law, or-
878 C J
1045Q
TO Cesar pdlio
City ana r
FROM: F Guc i a A. Do
City Attorn
CITY OF MIAMI. FL-ORIDA
INTER -OFFICE MEMORANDUM
DATE:
SUBJECT
February 25, 1986 F'LE. MIA=86-
Leg.al Notices -
Newspaper Advertisements
erty REFERENCES: Resolution No. 85-1182
ENCLOSURES -
You have requested an opinion..�regarding- the minimum legal
notice sufficient to meet the requirements of law as set forth in
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 minimum 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
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.
Section 166, entitled "Municipalities,"
(1985), provides in pertinent part as follows:
Florida Statutes
"§166.041 Procedures for adoption of
ordinances and resolutions.
(3)(a) Except as provided in paragraph
(c), a proposed ordinance may be read by
title, or in full, on at least 2 separate
days and shall, at least 10 days prior to
adoption, be noticed once in a newspaper of
general circulation in the municipality. The
notice... shall state the date, time, and
place of the meeting; the title or titles of
proposed ordinances; and the place or places
within the municipality where such proposed
ordinances; can be inspected by the public.
The notice shall also advise that interested
10454 `S
Cesar Odio
City Manager
February 25, 1986
Page 2
parties 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
subsection. However, no emergency ordin.ancp.
shall be enacted which enacts or amends a
land use plan or which rezones private real
property.
•(c) Ordinances initiated by the
governing body or its designee which rezone
specific parcels of private real property or
which . substantially change permitted use
categories in zoning districts shall be
enacted pursuant to the following procedure:
1. to cases ' in which the proposed
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
land the municipality will rezone or whose
land will be affected by the change in
permitted use by enactment of the ordinance
and whose address is known by reference to
the latest ad valorem tax records. The
notice shall state the substance of the
proposed ordinance as it affects that
property owner and shall set a time 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 Ear the
public hearing, and a copy of the notice
shall be kept available Ear public inspection
during the regular business hours of the
office of the clerk of the governing body.
The governing body shall hold a public
hearing on the proposed ordinance and may,
upon the conclusion of the hearing,
immediately adopt the ordinance. •
2. In cases in which the proposed
ordinance deals with more than 5 percent of
10454 /
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I
Cesar Odio
City Manager
February 25, 1,986
Page 3
the total land area of the municipality, the
governing body shall provide for public
notice and hearings as follows: (Emphasis
supplied).
a. The local governing body shall hold
two advertised public hearings on the
proposed ordinance. 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,
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,
whenever possible, the advertisement appear
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
following form:
NOTICE OF ZONING (PERMITTED USE) CHANGE
The (name of local governmental unit)
proposes to cezone (change the permitted use
of) the land within the area shown in the map
in this advertisement.
14454 :2
Cesar Odio February 25, 1986
City Manager Page 4
A public hearing on the rezoning will be held
on (date and time) at (meetinF,
place)
The advertisement shall -also contain a
geographic location map which clearly
indicates the area covered by the proposed
ordinance. The map shall include major
street names as a means of indentification of
the area.
C. 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
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
municipal ordinances and resolutions. By
future ordinance or charter amendment, a
municipality may specify additional
requirements for the adoption or enactment of
ordinances or resolutions or prescribe
procedures in greater detail than contained
herein. However, a municipality' shall not
have the power or authority to lessen or
reduce the requirements of this section or
other requirements as provided by general
law.
II. Miami City Code (1985)
Sec. 62-54. Public notice - Generally.
When public notice is required, the
administration of the comprehensive planning
program as set out in section 72 of the city
charter and ordinances enacted thereunder,
10454 .?
M
'r
Cesar Odio February 25, 1986
City Manager Page 5
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. 62-5 5. Same - Types.
The requirements for the types of public notice
are as follows:
(1) Newspaper publication. Publication of
public notice in a newspaper shall consist of
publication in:
(a) A daily newspaper of general
circulation in the city;
(b) A daily newspaper of general
circulation in the city devoted
primarily to the reporting of
financial, business, industrial and
legal information; and
(c) A newspaper devoted primarily to
reporting information of interest
in an area or locality of the city.
Such publications shall be made not less than
ten (10) days in advance of the public
hearing.
(4) Additional and optional notice. The
planning advisory board, zoning board, or
city commission, as the case may be, may give
additional and optional notice as may be
deemed proper for the circumstances involved
for the particular hearing, but such
additional notice shall n,)t be deemed as
legally required. Where such additional or
optional notice is given, failure of an
individual property owner or groups of
property owners or residents to receive or be
aware of such notice shall not void any
action taken by the zoning board,planning
advisory board, or the city commission, as
the case may be.
10454 9
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F
Cesar Odio
City Manager
February 25, 1986
Page 6
Sec. 18-5 2.1. Compet_ it ive sealed bidding
procedures as follows:
(d) Public notice. Notice inviting
bids shall be published at least
once in. a newspaper of general
circulation in the city a
reasonable. time prior to bid
opening; but in any event at least
fifteen (15) calendar days shall
intervene between -the last date of
publication and the final date for
submitting bids. Such notice shall
state the general description of
the goods or services to be
purchased, the place where a copy
of the invitation for bids may be
obtained, and the time and place
for opening of bids.
III. Case Law
Although the above -cited statutes and code sections do not
define a newspaper of general circulation, case law has defined
it to be a newspaper which contains news of a general character
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. Leathercote, 39 So.2d 716 (Fla.
1949) (Court held that where a newspaper such as the Jewish
Floridian, a newspaper' of limited circulation (approximately
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 negligible
in amount, such a publication may qualify as a newspaper of
general circulation).
The Miami Review is a daily newspaper of general circulation
with a circulation of approximately 7,800. It describes itself
as a "review business publication" and contains information
primarily in the areas of business, financial, economic, legal,
and real estate matters.
1.Q4 54
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Cesar Odio
City Manage.r
February 25, 1986
Page 7
The Supreme Court of Florida found the Miami Review to be "a
newspaper of general circulation" in the case of Selverstone v.
Jacobson, 116 So. 724, (Fla. 1928), and reaffirmed or followed
its conclusion in the cases of Eristavi-Tchitcheriner et al. v.
Miami Beach Federal Savings & Loan Association, 16 Su.2d 730
( Fla. 1944) and Anderson v. CitY of North Miami, 99 So.2d' 861
(Fla. 1957) .
IV. Alternatives
(A) Non -Planning & Zoning Items
City Commission Motion 82-617, passed on July 22, 1982, sets
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
circulation be mainly within City limits.
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, §62-55(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 the
information required in F.S. 166.041(3)(a).
(B) Planning and Zoning Items
With regard to proposed ordinances affecting a land use plan
or a rezoning of property, the requirements of F.S. 166.041(3)(c)
are unavoidable.
Furthermore, the additional language in F.S.
166.041(3) (c) (2) (b) that the newspaper must be "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 (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 general circulation such as the Miami Review might
be anticipated to serve.
'1.U454 l�
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Cesar Od io
City Manager
February 25, 1986
Page 8
Thus,
these.
proposed
enactments must be
placed -in a
newspaper such
as
the Miami News or the Miami
Herald,
and
courtesy or
optional
notices
could be placed in the
Miami Review
and other-
smaller
daily
and non -daily newspapers
if
such
additional,
but not
legally
required, notices are desired
by
the
Commission.
If
no such
additional optional
notices
are
necessary,.City Code §62-55(4) should be revised or deleted.
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 minimum 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.
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:
oll , . AK/dim
G. MIRIAM MAER '
ASSISTANT CITY ATTORNEY
cc: Honorable Mayor Xavier L. Suarez
and Members of the City Commission
LAD/GM/wpc/ab/P004
10454 / Z
—O
CITY OF MIAMI• FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
/�G' i�K/( � • CSC GZ�
FROM Jorge L. Fernandez
City Attorney
=ATE r1LE.
July 14, 1988
cUBJECT
City Commission Meeting
July 14, 1988
Agenda Items #14, #16,
?EFERENCES: #28 , #35 , #36 , #39 #42 ,
#50, #53, #60. #62, #63',
NCLOSURES: and #145
The following information and material should be considered by
you in your deliberations at today's Meeting:
Agenda Item #14 (J-88-633) [Resolution accepting bids
for furnishing office supplies] We have added language
in the body of the Resolution to reflect that in those
instanoes where a minority vendor and a non -minority
vendor submitted bids in the identical amount, the
award is being made to the minority vendor; likewise,
where identical bids have been submitted by a Dade
County vendor and a non -Dade County vendor, the award
is being made to the Dade County vendor.
Agenda Item f16 (J-88-635) [Resolution accepting bid
for furnishing and installation of playground
equipment] The allocation of specified amounts from
the various project accounts for this contract to
purchase and install park equipment in 18 City parks
has been modified to reflect that the allocations are
maximum amounts. The modification was made because the
total proposed contract cost is less than the allocated
amount in the Resolution that was distributed in the
Packet.
Agenda Item #28 (J-88-645) [Resolution declaring a
previously awarded bidder in default and accepting next
lowest bid] This Item involves a bidder, who after
being awarded a contract for the construction of this
Virginia Key Lifeguard project, simply did nothing (not
even executing the contract documents). As
distributed, the Resolution would have rescinded the
earlier awarding Resolution (No. 88-197, 3/10/88).
However, we have modified the proposed Resolution to
expressly declare --the previously successful bidder to
be in default. A copy of the substitute Resolution is
attached.
1,0454
Honorable Mayor and Members
of the City Commission
July 14, 1988
Page 4
Agenda' stem ,`B3` (J-88-678) [Emergency Ordinance
changing the required notification for public hearings
to comply with State Statutes] The title of this
Emergency Ordinance as distributed reflected an
amendment as being made to City Code Section 62-54 when
in fact no amendment is being made. Accordingly, we
have made this change and corrected a grammatical error
in the first 'Whereas' clause. The attached ordinance
replaces the ordinance contained in your Packet.
Agenda Item #145 (J-88-375) [Discussion concerning
proposed revision to City Burglary and Robbery Alarm
Ordinance] Our previous transmittal memorandum to you
dated July 8, 1988 is attached hereto together with the
proposed amendatory ordinance which is recommended for
adoption on first reading at this Meeting today.
JLF:RFC:bss:P584
co: Cesar H. Odio, City :tanager
Natty Hirai, City C1crk
Herb Bailey, Assistant City Manager
Chief Clarence Dick:�on, Police Department
Ron E. Williams, Director, General Services Administration
Walter Golby, Director
Department of Parks, Recreation and Public Facilities
Don W. Cather, Director, Department of Public Works
Gerry Gerreaux, Dirc--tcr
Housing Conservation and Development Agency
Frank Casteneda, Director, Department of Community Development
Edith Fuentes, Director
Department of Building and Zoning
Linda K. 8earsQn, Assistant City Attorney
JL0454