HomeMy WebLinkAboutR-86-0222r (0,1\
J-88-213a
3/3/88
86-222
RESOLUTION NO.
A RESOLUTION DESIGNATING THE NEWSPAPER IN
WHICH THE NOTICE OF SALE OF CERTIFICATES
ISSUED BY THE CITY OF MIAMI FOR DELINQUENT
SPECIAL IMPROVEMENT ASSESSMENT LIENS SHALL BE
PUBLISHED.
WHEREAS, Section 18-37 of the City Code provides that the
City Commission designate a newspaper, in which the notice of
sale of oertifioates for delinquent special improvement
assessment liens shall be published;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Seotion 1.--------Miami Review-------------------------- a
newspaper of general oiroulation in Miami, Dade County, Florida,
is hereby designated as the newspaper in which the required
notice shall be published oonoerning the sale of oertifioates
issued by the City of Miami for delinquent speo+al improvement
assessment liens on real property.
PASSED AND ADOPTED this 18th day of MARCH 1986.
V
XAVIER L. SUAREZ, MAYOR
ATTES
MATTTkIRAI, CITY CLERK
PREPARED AND APPROVED BY:
16
r
XOBRTF. CLARK
CHIEF DEPUTY CITY ATTORNEY
APP
A.
RFC/rr/088a
AND CORRECTNESS:
. CITY ATTORNEY
car COM USSION
MAR 18 1986 +
QRw09Q
• CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO. Carlos H. Garcia, Director
Department Finance
FROM Luo�ra A. DC'he�ty
City Attorney
DATE March 3, 1986 FILE:
SUBJECT Designation of Newspaper for
Placement of Notice of Sale of
Delinquent Special improvement
Assessment Lien Certificates
REFERENCES
Your Memo of 2/21/86
ENCLOSURES (3)
Under the City Code (Section 18-37), the City Commission is only
required to designate one newspaper in which Notice shall be
published concerning the sale of certificates issued by the City
for delinquent special improvement assessment liens on real
property. Accordingly, and in keeping with our attached Legal
Opinion (M re have redrafted
to aresolution set forth forwarded
the
by your memorandum ofFebruary21 988 which
names of 4 newspapers.
Attached please find copies of 2 alternative resolutions, one
providing for just one newspaper and the other providing for
several newspapers to be designated. in neither of the attached
resolutions have we listed the name of a newspaper; thereby
leaving papeT choice
several newspapto the ers, if it chooses Commission to to designate
one newspaper
its meeting of March 18, 1986.
LAD/RFC/rr/088
oe: Cesar H. Odic, City Manager
Attn: Alberto Ruder, Special Assistant
to the City Manager
86-222
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
FILE
oATK- February 25, 1986 MIA-86-12
io
TO Cesar
Aesa
r io
City ana r SUBJECT Legal Notices -
2-1
Newspaper Advertisements
Kr'-1182
D REFERENCES Resolution No. 85
u
A 0
FROM u c a DO herty
C ritv t�or
t�orn y
ity A ENCLOSURES
ri
minimum legal
an opinion regarding the
You have requested s set forth in
sufficient to meet the requirements of law a
notice suff in your request You
s and the City Code.
Statute piscal Year
the Florida maintain
to City Commission directives to
referred par with Fiscal Year 84-85.
expenditures on a
85-86 advertising
i. Florida Statutes
"Legal
(1985) entitled
50, Florida Statutes 01 statutory
Chapter sets S'f 0 the minimum
................... ....... .... forth legal
Advertisements," whenever a
Official must be complied with
ents which er is required
requirem notice
in a newspap
publicationt or no
advertisementr pertaining to frequency of
Ong other requirements per the
by statute. Am its availability to
eligible newspaper and contain
publication of an
it provides that the newspaper must customarily CO to
public, er or of interest or of value
information of a public character
of property in a county where published or
the residential owners
the general p
ublic. Chapter 50 also
of interest value to
Or for legal advertisements#
rates
establishes minimum
commercial
mental bodies or agencies.
including notices of all govern
"unicipalities,"
Florida Statutes
Section 166, entitled
M
(1985). provides in pertinent part as follows:
ii
"S166.041 Procedures for adoption of
ordinances and resolutions.
h
in paragraph
as provided
Except
(3)(a) by
(c)r a proposed ordinance may be read
title,or in full,
on at least 2 separate
days' and shall, at least 10 days prior to
noticed
adoption, be no once in a newspaper of
he municipality. The
general circulation in t the date, time, and
notice. shall state
the meeting; the title or titles Of
place of places
and the place or
proposed ordinances;
the municipality where such proposed
within d by the public. can be inspected ordinances; The notice shall also advise that interested
86-222
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 this
the requirements of paragraph (a)
of subsection. However, no emergency ordinance
this
be
shall enacted
la or which rezones privateereds a
al
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 Y
ll
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 (-)f the ordinance
and whose address is known by reference to
The
the latest ad valorem tax records.
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 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
86-222
i
Cesar Od io
city Manager
February 25, 1986
Page 3
the total land area of the municipality, the
governing
shall
and hearings as ff o
follows: ice (Emphasis
r public
not
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 The
be in a type no smaller than 18 point.
advertisement shall not be placed in that
portion of the newspaper where legal notices
es
and classified advertisements app
advertisement shall be published in a
newspaper of general paid circulation in the
municipality and of general interest and
readership in the community, not
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
the
days a week unless the only newspaper
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 rezone (change the permitted use
of) the land within the area shown in the map
in this advertisement.
86-22
Cesar Odio
City Manager
February 25, 1986
Page 4
A public hearing on the rezoning will be held
on (date and time) at (meeting
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
shall notify the person of the time, placer
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 rov ded f this sect on or
other requirements as p y g
al
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,
/08N
86-222
pit
4
Cesar Odio page 8 +
City Manager
Thus,
newspaper
courtesy or
and other
additional,
Commission.
necessary,
1986
these proposed enactments must be placed in a
such as the Miami News or the Miami Herald, and
optional notices could be placed in the Miami Review
smaller daily and non -daily newspapers if such
but not legally required, notices are desired by the
If no such additional optional notices are
City Code 562-55(4) should be revised or deleted.
It is important to note
newspaper pursuant to F.S.
the precise format set out
location maps which clearly
proposed ordinances, as well
that the legal notices placed in the
166.041(3) (c) (2) (b) must conform to
therein and must include geographic
indicate the areas covered by the
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
abbreviated publi
provide comments
Planning & Zoning
c
is in the process of
notices for planning and
on these to the Director
Boards Administration.
4%& � �_z , I I � �//.
G. MIRIAM MAER
ASSISTANT CITY ATTORNEY
Honorable Mayor Xavier L. Suarez
--A as--k-, of *ha city commission
reviewing drafts of
zoning items and will
of the Department of
86-222
era,
-
CITY OF MIAMI, FLORIDA 46
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members DATE: MAR 12 1986 FILE:
To: of the City Commission
Placement of the City
101� sueJECT•
t Lien Sale
Cesar H. Odio
FROM: City Manager"
/�
Assessmen
Advertisement
REFERENCES:
ENCLOSURES: Resolution
It is recommended that the attached resolu-
tion for the designation of nF Dade eCountyf
general circulation in Miami,
Florida, in which the notice of the sale of
certificates issued by the City of Miami for
delinquentspecial
be 1publish dent liens obe adopted. real
property shall
Section 18-37 of the City
Code provides that the City Commission
designate a newspaper in whichthea as assessment saleotice of of
be certificates
Published.
for delinquent special improvem
circulatio
en in
Newspapers of general published daily,e
are accepted by the
business for several years, are
U.S. Postal Service as second clrcul tion mbetmainlyer v ina the rei
City Of
of at least 10,000, and such ci
Miami.
The Tax Collector will,
on May 289 1986, sell at public auction
delinquent special assessment liens.
CHO:CEG:sys
enc/
cc: Lucia A Dougherty
City Attorney
i
CITY OF mmmi. FLORIDA
, 1986 ,ICE, F
,tion of Newspaper for
Int of Notice of Sale of
,ent Special Improvement
lent Lien Certificates
Memo of 2/21/86
(3)
)mmission is only
Notice shall be
;sued by the City
liens on real
r attached Legal
)lution forwarded
;h set forth the
resolutions, one
er providing for
r of the attached
3wspaper; thereby
to designate just
oyes to do so at
City OF MIAMI, FLORIDA
' INTER•CFIsICZ MEMORANDUM
DATE: February 25, 1986 rlt-E, MIA-86-12
° As
SU§JECT Legal Notices -
Newspaper Advertisements
herty
REVERENCEs Resolution NO.85-1182
rROM• ENCLOSURES.
You have requested an opinion regarding the minimum legal
inert the requirements °fa s
et in
notice sufficient toforth You
the Florida Statutes and the City de. in your request
rectives to maintain Fiscal Year
referred to City Commission di
ion a par with Fiscal Year 84 S5.
85-86 advertising expenditures
I. Florida Statutes
Florida Statutes (1985), entitled "Legal &
n Chapter 50. f
Official Advertisements, sets orth the minimu►n statutory
lied with whenever a legal
requirements which must be comp a er is required
advertisement, publication, or notice in a newsp to frequency of
by statute. Among other requirements -pertaining to the
publication of an eligible newspaper and its availability contain
public• it provides that thor eof Mustcustomarilyoor rofyvalue to
information of a public characterin a county where published
the residential owners of property
of interest or value to the general public. Chapter 50 also
establishes minimum all governmental bodies or agenciesal lsements,
including notices of all govern
d "Municipalities," Florida Statutes
Section 166, entitle
(1995), provides in pertinent part as follows:
05166.041 Procedures for adoption of
ordinances and resolutions.
(3)(a) Except as provided in paragraph
(c),
a proposed ordinance may be read by
' r in full, on at least 2 separate
title, oeast 10
days and shalnoticed at lonce in a anew paper of
adoption, be
The
general circulation in the municipality.
notice... shall state
tnend
title dateor titles , timer of
place of the mee a g,
and
proposed ordinances; the place or places
within the municipality where such proposed
ordinances; can be inspected
ad advise
he ublic.
that tinterested
The notice shall also
i
W
8 6'+
Cesar Odio
Manager
City
February 25, 1986
Page 2
parties may appear at the meeting rdind ee
heard with respect to the proposed o
( 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
rtn
ds 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
optyuor
which substantially change permitted
categories in zoning districts shall be
enacted pursuant to the following procedure:
l. n cases in which change in permitted tuse involves
he proposeu
rezoning or
less than 5 percentof the total the governinglandarea
rah all
the municipality, bud to
direct the clerk of the governing Y
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
to
and whose address is known by reference The
the latest ad valorem tax records.
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 tco datefor the
notice
public hearing, and a copy Of the
�•, shall be kept available for public inspection
during the regular business hours of the
office of the clerk osthe
governing public
The governing body h 1 o
ld a 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
0 so.2VAR
February 25, 1986
Page 2
ppear at the meeting and be
)ect to the proposed ordinance.
governing body of a
ay, by a two-thirds vote, enact
rdinance without complying with
its of paragraph (a) fthis
[oweve r, no emergency ordinance
ted which enacts or amends a
or which rezones private real
nances initiated by the
r or its designee which rezone
Its of private real property or
itially change permitted use
1 zoning districts shall be
int to the following procedure:
cases in which the proposed
hange in permitted use involves
Drcent of the total land area of
,ity, the governing body
to
shall
lerk 'of the governing Y
L each real property owner whose
icipality will rezone or whose
a affected by the change in
by enactment of the ordinance
Tress is known by reference to
ad valorem tax records. The
state the substance of the
R nance as it affects that
r and shall set a time and place
more public hearings on such
Such notice shall be given at
s prior to the date for notice
ng, and a copy of the
: available for public inspection
regular business hours of the
le clerk of the governing body.
jg body shall hold a public
:he proposed ordinance and may,
conclusion of the hearing,
adopt the ordinance.
cases in which the proposed
als with more than 5 percent of
11 86.? 8A
loam
�j
T
February 25, 1986
Cesar Odio Page 3
^, City Manager
the total land area of the municipality, the
governingticad hearings shallprovide
follows: for (Emphasis
ublic
notice
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
The second firstis
rshalle
pu nt be held
approximately 2 weeks after the first hearing
and shall be advertised approximately 5 days
prior to the public hearing. The day, time,
anplace be held shal l be esecond announced public the hearing
willfirst
public hearing.
b. The required advertisements shall
be no less than page in a
standard size or a tabloid size newspaper,
and the headline in the advertisement shall The
be in a type no smaller than 8point that
advertisement shall not be placed
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
municireadershipand inheofcommunity, eneral interest
one of
ri P pursuant to chapter
limited subject matter, p
50. It is the legislative intent that,
whenever possible, the advertisement appear
in a newspaper that is only a t least in the
days a week unless. the Y
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 rezone (change the permitted use
of) the land within the area shown in the map
in this advertisement.
r 86-2-!Q.
c
-- , --]H .. -.. C
February 25, 1986
Page 4
the rezoning will be held
ime) at (meeting
tent shall also contain a
on map which clearly
covered by the proposed
map shall include major
leans of indentification of
I of publishing the
out in this paragraph, the
mail a notice to each
property within the area
.nance. Such notice shall
ie proposed ordinance and
erson of the time, place,
th public hearings on the
edure as set forth herein
a uniform method for the
?nactment of municipal
Dlutions and shall be taken
Dther methods now provided
option and enactment of
:es and resolutions. By
or charter amendment, a
y specify additional
he adoption or enactment of
,-esolutions or prescribe
ater detail than contained
a municipality shall not
it authority to lessen or
ements of this section or
s as provided by general
,i City Code (1985)
notice - Generally.
otice is required, the
the comprehensive planning
t in section 72 of the city
nances enacted thereunder,
c
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 562-55(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 Hoards Administration.
Prepared and Approved by:
G. MIRIAM MAER
ASSISTANT CITY ATTORNEY
cc: Honorable Mayor Xavier L. Suarez
and Members of the City Commission
LAD/GM/wpc/ab/P004
86-222