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R5B-No Wake Zone Ordinance -Exposito-COMMISSION ITEM SUMMARY Condensed Title: An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 66, Entitled "Marine Structures, Facilities And Vehicles,n By Amending Article li, To Be Entitled "Restricted Wake Zones," To Create Regulations For Restricted Wake Zones; Providing For A Purpose; Providing For Definitions; Providing For Restricted Areas; Providing For Posting Of Regulatory Markers; Providing For Exemptions; Providing For Enforcement And Penalties; Providing For Reoealer, Severability, Codification, And An Effective Date. Key Intended Outcome Supported: Increase community satisfaction with City government Enhance the environmental sustainability of the community. Supporting Data (Surveys, Environmental Scan, etc.): N/A Item Summary/Recommendation: The proposed ordinance would provide regulations for the safe operation of motorboats and other vessels in or upon waters within the jurisdiction of the City of Miami Beach. The City has the authority to create such an ordinance based on Section 327.46, Florida Statutes (F.S.) which went into effect October 1, 2009. Section 327.46, F.S. encourages local governments to establish boating restricted areas where needed. This item was presented to the City Commission at their regularly scheduled December 12, 2012 meeting. During discussion of the proposed Ordinance, Commissioner Wolfson expressed a concern with larger "No Wake Zones" and the item was subsequently referred to the Land Use and Development Committee. The Land Use and Development Committee met on February 13, 2013 and discussed this item. The Committee recommended the Ordinance, with the minor modifications presented to the Committee at its meeting. In summary, the northern bound of the proposed slow speed and idle speed no wake zones west of the Sunset Harbor Marina have been reduced. Previously, the proposed zones extended 300 feet north of the northern bound of the Sunset Harbor Marina. The northern bound of the currently proposed slow speed minimum wake zone is a westward extension of the northern bound of the Sunset Harbor Marina. The northern bound of the idle speed no wake zone has been reduced by 150 feet-so that the 300 foot radius of the idle speed zone has been cropped at 150 feet north of the Sunset Harbor Marina. Please see the attached map. The proposed Ordinance still protects the waters surrounding the public access boat ramp within the Maurice Gibb Memorial Park and the blind corner created by the Sunset Harbor Marina with idle speed no wake zones. The remaining proposed idle no wake speed zones are necessary to protect waterway users from large wakes thrown by passing vessels. This is especially true given the types of waterway uses in this area, which include stand-up paddle boards, kayaks, and other small watercraft. Advisory Board Recommendation: On September 24, 2012, the Neighborhoods Committee held a discussion relative to this ordinance and unanimously voted to transmit the proposed ordinance to the City Commission with a favorable recommendation. On October 9, 2012, the Marine Authority held a discussion relative to this ordinance and unanimously voted to transmit the proposed ordinance to the City Commission with a favorable recommendation Financial Information· Source of Funds: Amount Account Approved 1 I I 2 OBPI Total Financial Impact Summary: The proposed Ordinance should not have a significant fiscal impact upon the City, as this Ordinance would only require installation of "idle speed no wake" (no wake) and "slow speed minimum wake" (slow speed) signs. Considering that the Marine Patrol station is adjacent to the area there is no increase in enforcement costs. City Clerk's Office Legislative Tracking: Debbie Turner Si n-Offs: City Attorney T:\AGENDA\2013\Aprii17\No Wake Zone.Summ.doc MIAMI BEACH 391 0 58 AGENDA ITEM _:.,.r"_....:.;__ DATE 'f~/7..,/.3 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Honorable Mayor Matti Herrera Bower s of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April17, 2013 SUBJECT: AN ORDINANCE OF THE MAYOR A CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE II, TO BE ENTITLED "RESTRICTED WAKE ZONES," TO CREATE REGULATIONS FOR RESTRICTED WAKE ZONES; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTED AREAS; PROVIDING FOR POSTING OF REGULATORY MARKERS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENAL TIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME Increase community satisfaction with City government Enhance the environmental sustainability of the community. BACKGROUND The proposed Ordinance would provide regulations for the safe operation of motorboats and other vessels in or upon waters within the jurisdiction of the City of Miami Beach. The City has the authority to create such an ordinance based on Section 327.46, Florida Statutes (F.S.) which went into effect October 1, 2009. Section 327.46, F.S. authorizes local governments to establish boating restricted areas where needed. The statute does, however, place specific limitations on where and for what purposes boating restricted areas can be established. The statute identifies zones that be established with state review, zones that can be established without state review, as well as areas which can be designated for the purpose of public safety. The Florida Fish and Wildlife Conservation Commission (FWC) is the agency responsible for conducting the aforementioned state review. CITY COMMISSION MEETING -DECEMBER 12, 2012 This item was presented to the City Commission at their regularly scheduled December 12, 2012 meeting. During discussion of the proposed Ordinance, Commissioner Wolfson expressed a concern with larger "No Wake Zones" and the item was subsequently referred to the Land Use and Development Committee. 392 No Wake Zone I Slow Speed Zone Second Reading and Public Hearing City Commission Meeting April17, 2013 Page 2 of 2 COMMITTEE REVIEW On September 24, 2012, the Neighborhoods Committee held a discussion relative to this Ordinance and unanimously voted to transmit the proposed Ordinance to the City Commission with a favorable recommendation. On October 9, 2012, the Marine Authority held a discussion relative to this Ordinance and unanimously voted to transmit the proposed Ordinance to the City Commission with a favorable recommendation. The Land Use and Development Committee met on February 13, 2013 and discussed this item. The Committee recommended the Ordinance, with the minor modifications presented to the Committee at its meeting. PROPOSED ORDINANCE In summary, the northern bound of the proposed slow speed and idle speed no wake zones west of the Sunset Harbor Marina have been reduced. Previously, the proposed zones extended 300 feet north of the northern bound of the Sunset Harbor Marina. The northern bound of the currently proposed slow speed minimum wake zone is a westward extension of the northern bound of the Sunset Harbor Marina. The northern bound of the idle speed no wake zone has been reduced by 150 feet-so that the 300 foot radius of the idle speed zone has been cropped at 150 feet north ofthe Sunset Harbor Marina. Please see the attached map. The proposed Ordinance still protects the waters surrounding the public access boat ramp within the Maurice Gibb Memorial Park and the blind corner created by the Sunset Harbor Marina with idle speed no wake zones. The remaining proposed idle no wake speed zones are necessary to protect waterway users from large wakes thrown by passing vessels. This is especially true given the types of waterway uses in this area, which include stand-up paddle boards, kayaks, and other small watercraft. On March 13, 2013, the City Commission passed the Ordinance on first reading and the Administration is presenting the item for consideration on second reading. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance should not have a significant fiscal impact upon the City, as this Ordinance would only require installation of "idle speed no wake" (no wake) and "slow speed minimum wake" (slow speed) signs. Considering that the Marine Patrol station is adjacent to the area, there is no increase in enforcement costs. CONCLUSION The waters surrounding the City of Miami Beach are one of the City's greatest sources of enjoyment. The proposed restricted wake zone ordinance presents a proactive tool for increasing the safe enjoyment of this City resource. The City should certainly make use of every avenue possible for increasing quality of life for residents and minimizing risks to safety. Further, this type of ordinance is specifically authorized by Section 327.46, F.S. for boating safety reasons. The Administration recommends approval of the Ordinance on second reading. JLM\MAS T:\AGENDA\2013\Aprii17\No Wake Zone.MEM.doc 393 ORDINANCE NO. ------- AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 66, ENTITLED "MARINE STRUCTURES, FACILITIES AND VEHICLES," BY AMENDING ARTICLE II, TO BE ENTITLED "RESTRICTED WAKE ZONES," TO CREATE REGULATIONS FOR RESTRICTED WAKE ZONES; PROVIDING FOR A PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR RESTRICTED AREAS; PROVIDING FOR POSTING OF REGULATORY MARKERS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENAL TIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach, Florida is authorized to regulate vessel operations, including the speed and wake of vessels, under Sections 327.46 and 327.60 of the Florida Statutes; and WHEREAS, the City Commission has determined that the unregulated operation of vessels on the waterways in the City of Miami Beach constitutes a potential hazard to the safety and welfare of the citizens of City of Miami Beach; and WHEREAS, vessels used as a means of transportation on water have been declared to be dangerous instrumentalities in the State of Florida pursuant to Section 327.32, Florida Statutes; and WHEREAS, boating restricted areas are necessary to avoid safety hazards to persons, property, and marine life resulting from vessels traveling at excessive speeds; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA as follows: SECTION 1. That Article II of Chapter 66 of the Miami Beach City Code is hereby amended to provide for restricted wake zones as follows: CHAPTER 66 MARINE STRUCTURES, FACILITIES AND VEHICLES * * * Article II. Reserved Restricted Wake Zones. 394 Sec. 66-41. Reserved Purpose. The purpose of this ordinance is to provide regulations for the safe operation of motorboats and other vessels in or upon the waters within the jurisdiction of the City of Miami Beach consistent with Chapters 125 and ~~I, Florida Statutes. and Chapters 680-21 and/or 680-23, Florida Administrative Code, and as such Chapters and Codes shall be amended from time to time. Sec. 66-42. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Article, except where the context clearly indicates a different meaning. "Boating-restricted Area" means an area of the waters of the state within which the operation of vessels is subject to specified restrictions or from which vessels are excluded. "Idle Speed" and "Idle Speed, No Wake" indicates a boating restricted area which has been established to protect the safety of the public. The terms may be used interchangeably and mean that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has undertow. "Idle Speed, No Wake Zone" means an area of a waterway in which a vessel cannot proceed at a speed greater than that specified by the Idle Speed No Wake definition. "No wake" means that vessel speed which is the minimum required to maintain headway and does not produce a wake. "Regulatory marker" means a device used to alert the mariner to various regulatory matters such as horse!::9wer. speed, wake, or entrv restrictions in confom1ity with the Uniform State Waterway Marking System and the United States Aids to Navigation System. Part 62 of Title 33 of the Code of Federal Regulations. "Slow Speed" and "Slow Speed, Minimum Wake" indicates a boating restricted area which has been established to protect the safety of the public. The terms may be used interchangeably and mean that a ~ must be fully off plane and completely settled into the water. The vessel must then proceed at a speed which is reasonable and prudent under the prevailing circumstances so as to avoid the creation of an excessive wake or other hazardous conditions which endanger or are likely to endanger other \te:SSels or other persons using the waterway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow. "Slow Speed, Minimum Wake Zone" means an area of a waterway in which a vessel cannot proceed at a speed greater than that specified by the Slow Speed Minimum Wake definition. "Speed Zone" means any area lawfully posted as a slow speed minimum wake area or idle speed no wake area. 2 395 "Vessel" is synonymous with boat as referenced in s. 1{b), Art. VII of the State Constitution and includes every description of watercraft barge, and airboat other than a seaplane on the water, used or capable of being used as a means of transportation on water, "Vessel wake" means the movement of waves created by the motion of the vessel. It is the track or path that the vessel leaves behind. Vessel operators shall be responsible for their own wake and liable for any damage it may cause. "Wake" means when used in conjunction with a numerical size limit all changes in the vertical height of the water's surface caused by the passage of a vessel including, but not limited to, a vessel's bow wave, stern wake, and propeller wash, measured from the ambient tide level to the crest of the vessel's wake at a distance of not less than 25 feet from the vessel. Section 66-43. Restricted Areas. A. The areas of enforcement of the provisions of this Ordinance shall be all public navigable waters, creeks, lakes, canals and channels, as provided herein, whether natural or manmade, located within the boundaries described below for the purpose necessary to protect the safety of the public as such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards in compliance with Section 327A6, Florida Statutes. B. Idle Speed, No Wake Zi':ones shall be established at the following locations: 1l Within a 500 feet radius around tl:le fuel pump within the Miami Beach M§rina located at 300 Alton Road, Miami Beach. Fl. 2;)1) Within a 500 foot radius of the public access boat ramp within the Maurice Gibb Memorial Park. See Area A on Appendix. 2~) Within a 300 foot radius of the blind corner presented by the northwest corner of the Sunset Harbor Yacht Club Marina which obstructs the view between the Biscayne Bay and the channel between the Miami Beach Island and Sunset Island IV, excluding however the area of the 300 foot radius circle which is greater than 150 feet north of the northern bound of the Sunset Harbor Yacht Club Marina. See Area B on Appendix. C. A Slow Speed, Minimum Wake Z;;:;ones shall be established: 1l Within a 300 foot radius of the south side of the bridge connecting Belle Isle 'Nith Rivo Alto Island. That portion of Biscayne Bay which lies west of the Sunset Harbor area of Miami Beach, north of the eastern portion of the Venetian Causeway and east of the mid-point of Belle Isle, and extending south from the approximate center of Sunset Island IV, and east of Rive Alto Island, excluding the shoal area north of bounded i¥ Markers 3, 4, and 5, and bounded to the north by-a the imaginary line which is 3 396 a westward extension of the northern boundary of the Sunset Harbor Marina Yacht Club; additionally excluding areas otherwise designated herein as Idle Speed, No Wake Zones. See Area Con Appendix. Section 66-44. Posting of Regulatory Markers. Implementation of the boating restricted areas is contingent upon rece1v1ng all applicable state and/or federal authorizations to insure compliance with Chapter 680~23, Florida Administrative Code and to assist in navigation consistent with the United States Aids to Navigation System. Regulatory markers shall be installed and maintained to alert boaters to the existence and boundaries of the boating restricted areas established herein. All regulatory markers shall comply with the standards and regulations provided bv state law, specified in Chapters 68D- 23.1 08 and 68D-23.1 09, Florida Administrative Code. No person shall be charged with a violation of this ordinance prior to the posting of regulatory markers as required by this Section. All areas designated as "boating restricted areas" shall be so posted with regulatory markers that are in accordance with the provisions of the Florida Fish & Wildlife Conservation Commission's Uniform Waterway Marking System. Section 66-45. Exemptions. The restrictions created by this Ordinance shall not apply to vessels of any federal. state, county or municipal agency while operated by an officer, employee or agent thereof who is engaged in law enforcement or other necessary municipal or governmental activity. Section 66-46. Enforcement and penalties. The provisions of this section may be enforced by the Miami Beach Police Department, the Division of Law Enforcement of the Florida Fish and Wildlife Conservation Commission and its officers, and any other authorized law enforcement officer as defined in Section 943.10, Florida Statutes and in accordance with Section 327.70, Florida Statutes. Pursuant to Section 327.73, Florida Statutes, any person cited for a violation of any provision of this Ordinance shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, except as otherwise provided by statute. SECTION 2. SEVERABILITY. If any section, sentence, clause, or word of this section is for any reason declared to be unenforceable or unconstitutional by a court of competent jurisdiction, the remaining portions shall not be affected. 4 397 SECTION 3. REPEALER. Any ordinance, or part thereof, and/or any resolution, or part thereof, which is in conflict with this Ordinance, is hereby repealed to the extent of such conflict. SECTION 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida, as amended. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect the day of , 2013, and upon posting of the regulatory markers permitted in accordance with Sections 327.40 and 327.41, Florida Statutes and the provisions in Chapter 680-23, Florida Administrative Code. PASSED and ADOPTED this ___ day of----------' 2013. ATTEST: RAFAEL E. GRANADO, CITY CLERK (Sponsored by Commissioner Jorge Exposito) Underline denotes additions Strike through denotes deletions F:IATTO\TURN\ORDINANC\No Wake Zones-2012.docx 5 398 MATTI HERRERA BOWER MAYOR APPROVED AS TO FORM & LANGUAGE F ~ci~ 1{4[0 EYc;r DATE w (Q (Q LEGEND IDLE SPEED, NO WAKE ZONE SLOW SPEED, MINIMUM WAKE ZONE ~-'~-'~"""'""'to Sec. 66-43 ?ff ~ ;&WJ ~: H I ~-:-< I BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING OOTICE IS HEIIE!IY given that a public hewing will be held by the Mayor and City Commission ollhe City of Miami Baach, Florida, in the Commission ChamiJers, a>' floor, City Hall, 1/00 ConventiM Ganter Drive, Miami Beach, Florida, on WeciMsday, Apr!IU, 21113, at 11:00 am. to ccnsider an Ordinance Amending The Code Of The Of Miami Bear.h, By Amending Chapter 66, Entitled "Marine Struclures, Facilities And Vehicles," By Amending Article II, To Be Entitled Zones," To Create Regulations For Bestrlcted Wake Zones; F& A Purpose; Providing For Definitions; Providing For Bestrictad Areas; Providing For Posting Of Regulatory Markers; Providing H:lr Providing H:lr Enforcement And Penaltioo; Providing F!lf Repealer, Severability, Codification, And An Effective !late. Inquiries may be directed to the City Manager's Olfice at {305) 673-701 o. INTERESTED PARTIES are lnvtted io app!l!lr at this meeting, or be represented by an agent, or to express their vieWB in writing addressed to the Crty Commission, c/o the City Clerk, 1700 Convention canter llrive, 1~ Floor, City Hall, Miami Beach, Florida 33139. A copy of this Item is available tor public inspP.ction during normal business hours inlhe City Clerk's Office, 1700 COnvention Center Drive, 1" Floor, City Hall, Miami Beech, Florida :13139. This meeting may be continued, and umJer such circumstances addiUonallegal notice will not be provided. Refuel E. Granado, City Clerk City of Miami Beech Pursuant to Section 286.0HJ5, Fla. Slat, tile City hereby advises lhe oublic that: il a person decides to appeal any decision made by the City CMnmissiM wilh respect to any matter considere.:J at its meeUnq or its 11earing, such pernon must ensure that a verbatim record of t11e "'"'""riio''" is made, which record includes the testimony and evidence upon which t11e appeal is to be based. This notice does not constitute 1:1lnoont the City lor !he inlmduGtion or admission ol otherwise inadmissible or irrelevant evidence, nor doos it authorize r.hallenges or appeals not otherwise allowod by law. To request this material in accessible tormat, sign larll)uage interpreters, information on access lor persons with disabilities, and/or any accommodation to review any document or City-sponsored proceeding, please runiact us live days in advance at (305) 673-7411 (voice) or TTY users may also call Service at 711, Ad#769 400 PUBLISHED DAIL \' MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the undersigned authority personally appeared: ffiiSVIERA Who on oath. says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: March 2013 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day ami has been entered as second class mail matter at the post office in Miami, in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or. corporation any discount, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). Sworn to and subscribed before me this 281h day of March, 2013 My Commission -"'""·""' 1, Silvia Sendra SILVIA SENORA 1' 20~4 tlr.di!F¥1:crs 401 Tl!E MiAMi HERALD I MiamiHemld.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING THURSDAY, APRIL 4, 2~13 I 11NE NOTICE IS llEIIEBY wven that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in llle Commission Chambers, 3'' lloor, City Hall, 1/UO Convention Center Drive, Miami Beach, Florida, on Welillemlay, AJ!ril 17,21113, at 11:00 a.m. to consider an Ordinance Amending The Code OIThe City Of Miami Beach, By Amern:Jing Chapter 66, Entitled "Marine Structures, Facilities And Vehir;les," lly Amsnding Article II, To Be Entitled "Restricted Wake Zones," To Create Rlr Restricted Wake Zones; Rlr A Purpose; Providing For Definitions; Providing Rlr flei!lricted Arm1s; Providing For Poi!ling Regulatory Mfllilers; Pruviding For Exemptions; Providing For Enforeemenl And Penalties; Providing Rlr Repealer, Sevembility, CoditiGation. J\nd J\!1 Effective Dale. Inquiries may be directed lo the City Manager's Office at (305) 673-7010. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing lllldrossod to llle City Commission, Glo the City Clerk, 1700 Convention Center Drive, 1~ Floor, City Hall, Miami Beach, Ronda 33139. A copy of this item is available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Genter Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued, and under such circumstances additional legal notioo will not be provided. Rafael E. Granllllo, City Clerk City llf Miami Beach Pursuant to Ser.tion 286.0105, Fla. Stat., ttm City hereby rull'ises the public that: il a J)llrson decides to appeal any decision mlllle by the City Commission witllmspectto any matter corsidered at its meet1ng or its heeling, such person must ensure that a V1lrbatim racmd llf the proceedings is made, which record includes tile testimony and evidence which the appeal is to be besed. This notice does not constitufu consent by the City lor the introduction or admission at otherwise or irrelellilllt Nidence, nO( does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible formal, sign language interpreters, information on access tor persons w~h disabilities, and/or MY accommodation to review any document or participate in any City-sponsored proceeding, please oonlllct us tive days in advance at (305) 673-7411 (Voioo) or m users may also call the Florida Fie lay Service at/11. J\0#700 402 PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the JEANNETTE MARTINEZ Who on oath says that he/she is CUSTODIAN OF RECORDS • • tam\ of The Miami a newspaper at Miami in Miami-Dade County, that the attached copy of advertisement was in said newspaper in the issues of: April 4, 2013 Affiant. further says that the said The Miami Herald is a newspaper at in the said Miami-Dade Florida and that the said been entered as second class mail matter at the office in 403