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HomeMy WebLinkAboutMemorandum CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Méndez, City Attorney DATE: November 16, 2023 RE: City Commission Meeting November 16, 2023 Proposed Resolution Establishing New Criteria and Procedures for Newspapers which, Conditioned Upon Compliance with All Requirements that may be Imposed by Florida Statutes, City Departments and Offices are Permitted to Use for Publishing Public Notices File No.: 15008 The proposed resolution rescinds Resolution No. R-22-0292 in its entirety, and substitutes it with the proposed resolution, which provides the City Clerk with the option to publish all legally required notices in either (1) the Miami Herald; (2) Miami Today; or (3) The Miami Times, based on then-current deadlines and advertising costs, absent any legal requirement that requires placement of such notices elsewhere. The change is necessitated by the fact that the Daily Business Review will cease print publications in December 2023. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/TMF Attachment(s) 15008 Pre-Legislation City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Resolution Enactment Number: R-23-0496 File Number: 15008 Final Action Date:11/16/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. R-22-0292, IN ITS ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION ESTABLISHING CRITERIA AND PROCEDURES FOR NEWSPAPERS WHICH, CONDITIONED UPON COMPLIANCE WITH ALL REQUIREMENTS THAT MAY BE IMPOSED BY FLORIDA STATUTES, CITY DEPARTMENTS AND OFFICES ARE PERMITTED TO USE FOR PUBLISHING PUBLIC NOTICES; AND FURTHER LISTING THE NAMES OF THE NEWSPAPERS APPROVED FOR SAID USE. criteria for newspapers in which legal notices and processes may be published; and WHEREAS, Resolution No. R-22-0292, adopted July 28, 2022, established criteria and permitted to use for publishing public notices, and further listed the names of certain newspapers approved for said use; and WHEREAS, certain other changes and/or deletions necessitate the recission of Resolution No. R-22-0292 in its entirety, and require that the City Commission adopt a new Resolution establishing the criteria, procedures, and listing the names of newspapers to be used for public notices; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. Resolution No. R-22-0292 is hereby rescinded in its entirety. Section 3. The following criteria and procedures are hereby established for newspapers to be used for publishing public notices: 1. The newspaper must meet the criteria for publication of legal notices in a newspaper established in Section 50.011, Florida Statutes, as amended. 2. Any newspaper meeting the established criteria that wishes to be included in the list of newspapers used for publishing notices, as identified in Sections 4, 5, and 6 may notify the City Manager who will present said request to the City Commission for consideration. Said newspaper shall present to the City a certified statement of circulation. In lieu of said certified statement, a sworn statement as to circulation average for the previous year and specifically the past two (2) editions will be accepted. 3. All newspapers approved by the City Commission shall report to the City annually, on the first Monday of the year, the amount of its last circulation, said amount to be confirmed by the seller of the newsprint. Section 4. Effective immediately, the Miami Herald shall be used for all legally required notices concerning: 1. Elections, 2. Solid Waste Special Assessments, 3. Truth in Millage (TRIM) Notices Section 5. Effective immediately, the City may publish all legally required notices except the notices established in Section 4 above, in the following newspapers, at its sole discretion based on then-current deadlines and advertising costs, absent any legal requirement or emergency that requires placement of such notices elsewhere: 1. Miami Herald 2. Miami Today 3. The Miami Times Section 6. In addition to the notices published pursuant to Sections 4 and 5, above, the City departments and offices may also publish supplementary notices as a courtesy in one or more of the following publications when publication deadlines allow for such publication and subject to the availability of funds: 4. Diario Las Americas, 5. The Miami Times, 6. Miami Today, 7. Miami Herald, or 8. El Nuevo Herald. Section 7. Notwithstanding any provision to the contrary, in lieu of publishing public notice via newspaper, City departments and offices may publish notice on a publicly accessible website as defined in Section 50.0311, Florida Statutes, as amended, consistent with the requirements therein and absent any legal requirement or emergency that requires placement of such notices elsewhere. Section 8. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.