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HomeMy WebLinkAboutLegislation-SUBCity of Miami Legislation Resolution: R-15-0206 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00143 Final Action Date: 5/14/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NOS. 94-755 AND 95-480, IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION ESTABLISHING CRITERIAAND PROCEDURES l= FOR NEWSPAPERS WHICH, CONDITIONED UPON COMPLIANCE WITH ALL REQUIREMENTS THAT MAY BE IMPOSED BY FLORIDA STATUTES, CITY m DEPARTMENTS AND OFFICES ARE PERMITTED TO USE FOR PUBLISHING PUBLIC NOTICES; AND FURTHER LISTING THE NAMES OF THE NEWSPAPERS APPROVED FOR SAID USE. F_ z w V WHEREAS, the communication of information pertaining to the City of Miami's ("City") o governmental activities is vital to an informed and involved public; and WHEREAS, Florida's Legislature established in Section 50.31, Florida Statutes, certain criteria for newspapers in which legal notices and processes may be published; and WHEREAS, Resolution No. 94-755, adopted October 27, 1994, established criteria and procedures for newspapers which City departments and offices were permitted to use for publishing public notices, and further listed the names of certain newspapers to be added to an existing list of newspapers used for such notices; and WHEREAS, Resolution No. 95-480, adopted July 13, 1995, amended Resolution No. 94-755 to expand the designated newspapers to be used for supplemental or courtesy advertisements on a rotational basis; and WHEREAS, certain other changes and/or deletions necessitate the rescission of Resolution Nos. 94-755 and 95-480 in their entirety, and require that the City Commission adopt a new Resolution establishing 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 to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. Resolution Nos. 94-755 and 95-480 are hereby rescinded in their entirety. Section 3. The following criteria and procedures are hereby established for newspapers identified in Sections 6, 7, and 8 below to be used for publishing public notices: 1. The newspaper must be well established in the community, be published at least weekly, and have been in continuous operation for several years. 2. The newspaper must have a circulation of over 10,000. 3. The newspaper must be based in the City with its primary circulation distributed within City of Miami Page 1 of 3 File Id: 15-00143 (Version: 3) Printed On: 9/20/2015 TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. I S— 00143 - Lgs 141-;01 -Sue) File Number: 15-00143 Enactment Number: R-15-0206 the City limits. 4. Any newspaper meeting the established criteria that wishes to be included in the list of newspapers used for publishing public notices, as identified in Sections 6, 7, and 8 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 for the past two (2) editions will be accepted. N 5. All newspapers approved by the City Commission shall report to the City annually, on 1- z the first Monday of the year, the amount of its last circulation, said amount to be _ o confirmed by the seller of the newsprint. 0 z W W Section 4. Effective immediately, the Miami Herald shall be used for all legally required notices concerning: W co Q z W z 1. Elections, o - w 2. Planning and Zoning, (A o z u 3. Solid Waste Special Assessments, = o o 4. Truth in Millage (TRIM) Notices, 5. Federally funded programs, including but not limited to notices concerning the Office of Community and Economic Development or the Office of Grants Administration, and 6. For any other notices as required by law when such publication is approved by the City Manager. Section 5. In addition to the notices published in the Miami Herald, the Department of Planning and Zoning may also publish occasional supplementary notices in Miami Today as a courtesy when time allows for such publication. Section 6. Notwithstanding the requirements of Section 4, above, the Daily Business Review shall be used for all notices published by the Historic Preservation Board, effective immediately, conditioned upon its compliance with Section 23-4(3)(c) of the City Code. Section 7. Effective immediately, all other notices by the City departments and offices not specifically mentioned above, are hereby instructed to use the following newspapers for publishing public notices, absent any legal emergency requiring placement of such notices elsewhere, and conditioned upon the compliance of said newspapers with Florida Statutes and the requirements of Section 3 above: 1. Diario Las Americas, 2. The Daily Business Review, and 3. The Miami Times. Section 8. In addition to the notices published pursuant to Section 7, above, the City Clerk may also publish supplementary notices in Miami Today for ten (10) day public hearing notices, sole source notices, and notices of second -readings of ordinances as a courtesy when publication deadlines allow for such publication. Section 9. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} City of Miami Page 2 of 3 File Id: 15-00143 (Version: 3) Printed On: 9/20/2015 File Number: 15-00143 Enactment Number: R-15-0206 APPROVED AS TO FORM AN D,pORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File Id: 15-00143 (Version: 3) Printed On: 9/20/2015 U BSTITUTE D ity Hall City of iam' Legislation Resolution: R-15-0206 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ber: 15-00143 Final Action Date:5/14/2015 A R •LUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NOS. • 755 AND 95-480, IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THERE• NEW RESOLUTION ESTABLISHING CRITERIA AND PROCEDURES FOR NEW APERS WHICH, CONDITIONED UPON COMPLIANCE WITH ALL REQUIREM TS THAT MAY BE IMPOSED BY FLORIDA STATUTES, CITY DEPARTMEN • ND OFFICES ARE PERMITTED TO USE FOR PUBLISHING PUBLIC NOTIC AND FURTHER LISTING THE NAMES OF THE NEWSPAPERS APPROVED FOR ` ID USE. WHEREAS, the communicatiof information pertaining to the City of Miami's ("City") governmental activities is vital to an formed and involved public; and WHEREAS, Florida's Legislature es •fished in Section 50.31, Florida Statutes, certain criteria for newspapers in which legal notices and pr. -sses may be published; and WHEREAS, Resolution No. 94-755, adopt October 27, 1994, established criteria and procedures for newspapers which City departm s and offices were permitted to use for publishing public notices, and further listed the names of certnewspapers to be added to an existing list of newspapers used for such notices; and WHEREAS, Resolution No. 95-480, adopted July 13, 995, amended Resolution No. 94-755 to expand the designated newspapers to be used for supple ntal or courtesy advertisements on a rotational basis; and WHEREAS, certain other changes and/or deletions necessit - the rescission of Resolution Nos. 94-755 and 95-480 in their entirety, and require that the City Com sion adopt a new Resolution establishing criteria, procedures, and listing the names of newspape o be used for public notices; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF E CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Reso . 'on are adopted by reference and incorporated as fully set forth in this Section. Section 2. Resolution Nos. 94-755 and 95-480 are hereby rescinded in their entir Section 3. The following criteria and procedures are hereby established for newspape identified in Sections 6 and 7 below to be used for publishing public notices: City of Miami 1. The newspaper must be well established in the community, be published at leas weekly, and have been in continuous operation for several years. 2. The newspaper must have a circulation of over 10,000. 3. The newspaper must be based in the City with its primary circulation distributed within Page 1 of 3 File Id: 15-00143 (Version: 2) Printed On: 9/20/2015 SU BSTITUTED File Number: 15-00143 Enactment Number: R-15-0206 the City limits. 4. Any newspaper meeting the established criteria that wishes to be included in the list of newspapers used for publishing public notices, as identified in Sections 6 and 7 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 for the past two (2) editions will be accepted. II newspapers approved by the City Commission shall report to the City annually, on t first Monday of the year, the amount of its last circulation, said amount to be co rmed by the seller of the newsprint. Section 4. Effecti immediately, the Miami Herald shall be used for all legally required notices concerning: 1. Elections, 2. Planning and 3. Solid Waste Spe 4. Truth in Millage (T 5. Federally funded pro Community and Econo 6. For any other notices as Manager. mg, I Assessments, Notices, ms, including but not limited to notices concerning the Office of c Development or the Office of Grants Administration, and quired by law when such publication is approved by the City Section 5, In addition to the notices publish- in the Miami Herald, the Department of Planning and Zoning may also publish occasional supplem ary notices in Miami Today as a courtesy when time allows for such publication. Section 6. Effective immediately, Miami Today shall notices, sole source notices and notices of second-readin used for all ten (10) day public hearing of ordinances published by the City Clerk. Section 7. Effective immediately, all other notices by the Ci departments and offices not specifically mentioned above, are hereby instructed to use the fo wing newspapers for publishing public notices, absent any legal emergency requiring placement o ch notices elsewhere, and conditioned upon the compliance of said newspapers with Florida Sttes and the requirements of Section 3 above: 1. Diario Las Americas, 2. The Daily Business Review, and 3. The Miami Times. Section 8. This Resolution shall become effective immediately upon its adoption the Mayor.{1} APFROVD AS TO FARM p CORRECTNESS: VItTORIAMENDEZ CITY ATTORNEY City of Miami d signature of Page 2 of 3 File Id: 15-00143 (Version: 2) Printed On: 9/20/2015 S U BSTITUTE D File Number: 15-00143 Enactment Number: R-I5-0206 tnotes: {1} If t - Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days fro the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective i • ediately upon override of the veto by the City Commission. immediately ..on override of the veto by the City Commission. City of Miami Page 3 of 3 File Id: 15-00143 (Version: 2) Printed On: 9/20/2015