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HomeMy WebLinkAboutMemo-Scrivener's ErrorCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorne DATE: September 19, 2015 RE: Scrivener's Error — Resolution No. 15-0206, adopted May 14, 2015, regarding the criteria and procedures for newspapers that City departments and offices are permitted to use for publishing public notices File ID 15-00143 The legislation that is scanned into Legistar for Resolution No. 15-0206, adopted May 14, 2015, does not reflect the correct versions. Legislation was presented to the City Commission for consideration on February 26, 2015 and was presented as "Version 1". The item was deferred and on March 26, 2015, revised legislation was presented for consideration but the version was incorrectly placed into "Version 1" instead of it being placed into "Version 2". The item was again deferred, legislation was again revised and instead of being placed into "Version 3" the legislation was again placed into "Version 1". All versions of the legislation have been placed into Legistar and the correct legislation is attached as "Version 3". Enclosure(s) Z:IlWV 6-83J9101 CD rn IS- 0043- Y►vin0-Se6view's Eeko2 City 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 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. WHEREAS, the communication of information pertaining to the City of Miami's ("City") 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 and 7 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: 2) Printed On: 9/20/2015 File Number: 15-00143 Enactment Number: R-I5-0206 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. 5. 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. Planning and Zoning, 3. Solid Waste Special Assessments, 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. Effective immediately, Miami Today shall be used for all ten (10) day public hearing notices, sole source notices and notices of second -readings of ordinances published by the City Clerk. 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. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APROV�D AS TO r VtTORIAMENDEZ CITY ATTORNEY Q CORRECTNESS: City of Miami Page 2 of 3 File Id: 15-00143 (Version: 2) Printed On: 9/20/2015 File Number: 15-00143 Enactment Number: R-15-0206 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: 2) Printed On: 9/20/2015 City 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 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. WHEREAS, the communication of information pertaining to the City of Miami's ("City") 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 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. 5. 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. Planning and Zoning, 3. Solid Waste Special Assessments, 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 APPPROVED_-AS TO FORM AND CORRECTNESS: j—e - 6—i,A--C 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