HomeMy WebLinkAbout2024-009-478_-Public Notice Amendment-_Adopted.docxORDINANCE NO. 2024-009-478
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 1 OF THE
CITY OF MIAMI GARDENS CODE OF ORDINANCES BY
CREATING SECTION 1-14 ENTITLED “ALTERNATIVE METHOD
FOR ADVERTISEMENTS AND PUBLIC NOTICES” TO
AUTHORIZE THE PUBLISHING OF LEGALLY REQUIRED
ADVERTISEMENTS AND PUBLIC NOTICES ON THE PUBLICLY
ACCESSIBLE WEBSITE OF MIAMI-DADE COUNTY IN
ACCORDANCE WITH FLORIDA STATUTE 50.0311;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statute 50.0311 provides that a governmental agency may
use the publicly accessible website of the county in which it lies to publish legally
required advertisements and public notices if the cost of publishing advertisements and
public notices on such website is less than the cost of publishing advertisements and
public notices in a newspaper, and
WHEREAS, on April 2, 2024, Miami-Dade County adopted Ordinance No. 24-32,
which established the requirement for the advertisement of legal notices via publication
on the County's publicly accessible website, in accordance with Florida Statute 50.0311,
and
WHEREAS, as of September 17, 2024, during FY 2023-2024, the City has spent
$32.240.25 on legal advertisement publications in newspapers of general circulation,
with the cost per notice ranging from Three Hundred and Thirty Dollars ($330) to One
Thousand Six Hundred Eighty-Six Dollars and Seventy-Five Cents ($1,686.75), and
WHEREAS, in contrast, the cost of utilizing the County's publicly accessible
website for public notices is estimated to be Seven Hundred Seven Dollars ($707.00)
annually per employee user and we anticipate a total of five (5) employees will require
access, resulting in an estimated annual cost of Three Thousand Five Hundred Thirty-
Five Dollars ($3,535.00) which will result in immediate savings for FY 2024-2025, and
WHEREAS, currently, the City of Miami Gardens Code of Ordinances mandates
the publication of certain notices in newspapers of general circulation; However, by
amending the City of Miami Gardens Code of Ordinances to authorize an alternative
method of providing notices of City of Miami Gardens legislative acts, the City will be
permitted to publish all legal notices on Miami-Dade County’s publicly accessible
website, and
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Ordinance No. 2024-009-478
WHEREAS, the City Clerk’s Office will publish a notice at least once per year in a
newspaper of general circulation or another publication that is mailed or delivered to all
residents and property owners within the City’s jurisdiction, and
WHEREAS, the purpose of such annual publication is to inform property owners
and residents that they may opt to receive legally required advertisements and public
notices from the City via first-class mail or email by registering their name and address
or email address with the City Clerk’s Office, and
WHEREAS, the City Clerk recommends that the City Council authorize the
publishing of legally required advertisements and public notices on the publicly
accessible website of Miami-Dade County in accordance with Florida Statute 50.0311,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENT: Chapter 1 — General Provisions of the City of Miami
Gardens Code of Ordinances is hereby amended to authorize the publishing of legally
required advertisements and public notices on the publicly accessible website of Miami-
Dade County in accordance with Florida Statute 50.0311 as an alternative to publishing
such notices in a newspaper of general circulation within the City of Miami Gardens, as
follows:
Sec. 1-14. Alternative method for advertisements and public notices
publishing
(a) Wherever in this Code that requires notice of city action to be achieved via
publication in a newspaper of general circulation, the City shall be permitted to
fulfill this requirement by publishing legally required advertisements and public
notices on the publicly accessible website of Miami-Dade County.
(b) The city clerk will publish a notice at least once per year in a newspaper of
general circulation or another publication that is mailed or delivered to all
residents and property owners within the City of Miami Gardens jurisdiction. The
purpose of such annual publication is to inform property owners and residents
that they may opt to receive legally required advertisements and public notices
from the City via first-class mail or email by registering their name and address or
email address with the City Clerk’s Office.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
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Ordinance No. 2024-009-478
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word “Ordinance” may be changed
to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 23RD DAY OF OCTOBER, 2024.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON NOVEMBER 13, 2024.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: MARIO BATAILLE, CITY CLERK
Moved by: Councilman Stephens
Seconded by: Councilman Leon
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Ordinance No. 2024-009-478
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Baskin Yes
Councilman Leon Yes
Councilwoman Powell Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
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