05-03-05 Item 11Sou,�
CITY OF SOUTH MIAMI South Miami
oa f OFFICE OF THE CITY MANAGER An- Americacityi
INTER- OFFICE MEMORANDUM
v
INCORPORATED ® -
•� t927
COgtO�' 2001
To: Honorable Mayor, Vice Mayor & Date: May 3, 2005
Commission Members
ITEM No. -
From: Maria Davis Re: City Code Xmendment
City Manager Tax Exemption for Historic
Properties
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF CHAPTER 18 OF
THE CODE OF ORDINANCES OF ` THE CITY OF SOUTH MIAMI, FLORIDA,
AUTHORIZING AD VALOREM TAX EXEMPTIONS FOR - IMPROVEMENTS TO
HISTORIC PROPERTIES FOR A PERIOD OF TEN YEARS; ESTABLISHING
REQUIREMENTS AND PROCEDURES; DESIGNATING THE CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD TO REVIEW AND REPORT ON
APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
In November of 1992 voters in the State of Florida passed an amendment to the State Constitution
which allows a local government to grant historic preservation ad valorem tax exemptions to
owners of historic properties who carry out rehabilitation which meets historic preservation
guidelines. In 1993 the State Legislature followed up that vote with adoption of Fla. Statute
196.1997, entitled "Ad Valorem tax exemptions for historic properties "(Attached). The State
legislation allows local governments to adopt' their own ordinances which provide for the tax
exemption. A number of local municipalities as well as Miami -Dade County have adopted
ordinances providing this incentive to its property owners.
The proposed ordinance being presented today is sponsored by the Historic Preservation Board,
which recommended its adoption at its February 28, 2005 meeting. The ordinance was drafted by
the Planning Department and the City Attorney's office.
SUMMARY OF PROPOSED ORDINANCE
The purpose of the ordinance as stated in the WHEREAS` clauses is to provide an incentive to
owners of historic buildings to restore and renovate their properties. It is recognized that the cost of
maintaining and rehabilitating historic buildings is greater than those costs associated with non -
City Code amendment
Historic Tax Exemption
Page 2 of 3 -
historic properties. The ordinance provides that: .
(1) The property tax exemption is limited to external renovation or restoration carried out after the
adoption date of the ordinance. It would apply to 100 % of the increased assessed value
resulting from the improvements made;
(2)The property tax exemption may last for up to 10 years;
(3)The only properties eligible to apply for the exemption are those listed on the U.S. National
Register of Historic Places or properties which are designated by ordinance as historic sites (or
part of an historic district) by the City of South Miami;
(4) The Historic Preservation Board is designated as the review authority to recommend to the
City Commission upon all applications for tax exemption. The Board must certify that the
external improvements that will be done are consistent with the guidelines established when
the 'property was designated and appropriate to maintain the historic appearance and
functionality of the historic site,
(5) Any property receiving the tax exemption must submit a covenant agreeing to maintain the
historic character of property during the exemption period;
(6) The City Commission makes the final decision on each application.
IMPACT ON MUNICIPAL REVENUE
A property tax exemption will impact revenue to the City over the 10 year period of any
exemptions granted. The determination of the impact is based upon: (1) will the renovation or
construction be considered by the Tax Assessor to be an improvement to the property significant
enough to increase the property's assessed value; (2) the amount of the increase in assessed value
and; (3) how many historic sites are designated and eligible to submit applications.
The City of South Miami to date has designated three individual sites and an historic district (31
residential homes). Currently _three commercial properties are in various stages of historic
designation. Based upon preliminary surveys it can be 'expected that over the next decade an
additional 30 individual (mostly residential) sites will be designated historic by the City.
A typical renovation improvement to an historic home eligible for tax exemption would be the
addition of room or a garage at an estimated cost of $25,000. If a tax exemption application was
granted for the City's property tax the actual revenue deferred would be $25,000 x .007213
(millage) = $180 annually.
A typical renovation improvement to an historic commercial property eligible for tax exemption
would be a major facade renovation at an estimated cost of $100,000. If a tax exemption
application was granted for the City's property tax the actual revenue deferred would be $100,000
x .007213 (millage) _ $721 annually.
The overall tax exemption amounts which could be granted are not significant and would have
City Code amendment
Historic Tax Exemption
Page 3 of 3
minimal impact on the City's budget. However, the exemption could encourage many property'
owners to do improvements and to maintain their historic buildings. In addition a property owner
with a City tax exemption is also eligible to request the Board of County Commissioners to exempt
the County's property tax on the increased assessed value.
RECOMMENDATION
It is recommended that the proposed ordinance be adopted on first reading
Attachments:
Proposed Ordinance
Fla State Statute 196.1997
Historic Board Minutes Excerpt 2 -28 -05
Copies of Public Notices
4 1
MD/DOD /SAY ,,
EAComm Items\2005 \5 -3- 5\Tax ExEmption Ord Report.doc
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN
5 AMENDMENT OF CHAPTER 18 OF THE CODE OF ORDINANCES OF
6 THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING AD
7 VALOREM TAX EXEMPTIONS FOR EXTERIOR IMPROVEMENTS TO
8 HISTORIC PROPERTIES FOR A PERIOD OF 10 YEARS;
9 ESTABLISHING REQUIREMENTS AND PROCEDURES;
10 DESIGNATING THE CITY OF SOUTH MIAMI HISTORIC
11 PRESERVATION BOARD TO REVIEW AND REPORT ON
12 APPLICATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
13 ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE
14 DATE.
15
16 WHEREAS, the citizens of Florida have amended the Florida Constitution to
17 authorize counties and municipalities to allow certain tax exemptions for properties
18 designated as historic (Florida Constitution, Article VII, Sec. 3(e); and,
19
20 WHEREAS, the Florida legislature has enacted Section .196.1997, Florida
21 Statutes, to govern allowance of the historic preservation tax exemption; and,
22
23 WHEREAS, the City Commission of the City of South Miami is committed to
24 preserving the city's history and supports historic preservation efforts; and,
25
26 WHEREAS, the Comprehensive Plan of the City of South Miami, requires that the
27 City "review all new development proposals to assure preservation of the City's limited
28 historic resources "; and,
29
30 WHEREAS, the repair, rehabilitation and maintenance costs of an historic
31 property may be greater than those costs associated with the maintenance of a non -
32 historic property; and,
33
34 WHEREAS, the City Commission seeks to provide an incentive to the owners of
35 historic properties by creating a partial ad valorem tax credit for owner's of historic
36 properties that engage in restoration, renovation and rehabilitation of their properties;
37 and,
38
39 WHEREAS, the City of South Miami Historic Preservation Board at its meeting
40 on February 28, 2005 voted 6 ayes 0 nays to recommend approval of a program to
41 exempt the payment of municipal ad valorem tax on additional assessed value resulting
42 from the exterior renovation and rehabilitation of historically designated properties; and,
43
Additions shown by underlining and deletions shown by sve iking.
1
2 WHEREAS, the Mayor and City Commission desire to accept the
3 recommendation of the Historic Preservation Board.
4
5 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
6 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
7
8 Section 1. Chapter 18 of the Code of Ordinances of the City of South Miami,
9 Florida, is hereby amended, as follows:
10
11 ARTICLE III. TAX EXEMPTIONS FOR HISTORIC PROPERTIES
12
13 Sec. 18.10 Scope of Tax Exemption
14
15 A method is hereby created for the City Commission of South Miami, at its
16 discretion, to allow tax exemptions for properties which it has designated as historic in
17 order to encourage property owners to have their properties so designated and to help
18 offset the costs associated with maintaining historic properties. The tax exemption shall
19 apply to no more than 100 percent of the assessed value of all improvements to historic
20 properties located within the city which result from the exterior restoration, renovation, or
21 rehabilitation made on or after the effective date of this ordinance. The tax exemption
22 applies only to taxes levied by the City of South Miami. The tax exemption does not
23 apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the
24 electors pursuant to section 9(b) or Section 12, Article VII of the Florida Constitution.
25 The tax exemption does not apply to personal property.
26
27 Sec. 18.11 Duration of Tax Reductions
28
29 (a) Any tax exemption granted under this chapter, for a particular property shall
30 remain in effect for up to 10 years as long as the property retains its historic
31 designation, for such lesser term if requested by the property owner, or mandated
32 by the City Commission. The duration of the tax reduction, shall continue
33 regardless of any change in the authority of the city to grant such tax exemptions
34 or any change in ownership of the property. In order for the property to retain its
35 tax exemption, however, the historic designation and improvements to the
36 property must be maintained Over the period for which the tax exemption was
37 granted.
38
39 Sec. 18.11 Eligible Properties and Improvements
40
41 (1) Property is qualified for the tax exemption under this chapter if:
42
43
Additions shown byunderlinin and deletions shown by offing
1 (a) At the time the tax exemption is granted, the property:
2
3 (i) Is individually listed in the National Register of Historic
4 Places pursuant to the National Historic Preservation Act of
5 1966, as amended; or
6
7 (ii) Is a contributing property within a National- Register- listed
8 district; or
9
10 (iii) Is designated as a historic property, or as a contributing
11 property in a local historic district, under the terms of the
12 South Miami preservation ordinance as enacted by the City
13 Commission; and;
14
15
16
17 (b) In order for an improvement to an historic property to qualify for tax
18 exemption, the improvement must be:
19
20 (i) Consistent with the United States Secretary of the Interior's
21 Standards for Rehabilitation and the design review guidelines established
22 for the property in the adopted Designation Report;
23
24 (ii) Determined by the South Miami Historic Preservation Board
25 that the improvement is appropriate to maintain the historic appearance,
26 compatibility, and functionality of the structure, as evident by the issuance
27 of a Certificate of Appropriateness;
28
29 (iii) Determined by the South Miami Historic Preservation Board
30 to meet the criteria established in rules adopted by the Florida Department
31 of State; and
32
33 (c) The City of South Miami Historic Preservation Board has certified
34 to the City Commission of South Miami, Florida that the property for
35 which a tax exemption is requested satisfies sub - paragraphs (a) and (b)
36 above.
37
38 Sec. 18.12 Applications
39
40 Any person, firm or corporation that desires an ad valorem tax exemption for
41 improvements to an historic property must, in the year the reduction is desired to take
42 effect, file with the Historic Preservation Board a written application on a form approved
43 by the Florida Department of State. The application must include the following
Additions shown by underlining and deletions shown by Wig.
I information:
2
3 (1) The name of the property owner and the location of the historic property;
4
5 (2) A description of the exterior improvements to the historic property for
6 which a tax exemption is requested and the date of commencement of
7 construction of such improvements;
8
9 (3) Proof, to the satisfaction of the South Miami Historic Preservation Board
10 that the property that is to be rehabilitation or renovated is a historic
11 property;
12
13 (4) Proof, to the satisfaction of the South Miami Historic Preservation Board
14 that the improvements to the property will be consistent with section 18-
15 11(b); and
16
17 (5) Other information deemed necessary by the Department of State.
18
19 The application form must be approved by the Department of State prior to
20 issuance.
21
22 Sec. 18.13 Required Covenant
23
24 To qualify for a tax exemption, the property owner must enter into a covenant or
25 agreement with the City Commission for the term for which the tax exemption is granted.
26 The form of the covenant or agreement must be approved by the Department of State and
27 further approved by the City Attorney. Moreover, it shall require that the historic
28 character of the property be maintained for the period that the tax exemption is granted.
29 The covenant or agreement shall be binding on the current property owner, transferees,
30 and their heirs, successors, or assigns. Violation of the covenant or agreement results in
31 the current property owner being subject .to the payment of the differences between the
32 total amount of taxes which would have been due in March in each of the previous years
33 in which the covenant or agreement was in effect had the property not received the tax
34 exemption and the total amount of taxes actually paid in those years, plus interest on the
35 difference calculated as provided in s. 212.12(3), Florida Statutes.
36
37 Sec. 18.14 Review by the City of South Miami Historic Preservation Board.
38
39 The City of South Miami Historic Preservation Board, is designated to review
40 applications for tax exemptions and shall provide a- written recommendation to grant or
41 deny the tax exemption to the City Commission. The written recommendation, and the
42 reasons therefor, must be provided to the applicant and to the City Commission before
43 the City Commission can consider the application during an official meeting. The South
Additions shown by underlining and deletions shown by eve t g.
I Miami Historic Preservation Board's review must be conducted in accordance with the
2 rules adopted by the Department of State. Moreover, the board must be approved and
3 certified by the Florida Department of State.
4
5 Sec. 18.15 Approval by City Commission of South Miami, Florida.
6
7 A majority vote of the City Commission of South Miami, Florida shall be required
8 to approve a written application for tax exemption. Such tax exemption shall take effect
9 on the January 1St following the substantial completion of the improvement. The City of
10 South Miami shall include the following in a resolution approving the written application
11 for tax exemption:
12
13 (1) The name of the owner and address of the historic property for
14 which the tax exemption is granted.
15
16 (2) A finding that the historic property meets the requirements of this
17 section.
18
19 (3) The period of time for which the tax exemption shall remain in effect and
20 the expiration date of the tax exemption.
21
22 The City Commission shall deliver a copy of each approved application for a
23 historic preservation ad valorem tax exemption to the property appraiser_ of Miami -Dade
24 County. Upon certification of the assessment roll, or recertification, if applicable,
25 pursuant to section 193.122, for each fiscal year during which the ordinance is in effect,
26 the property appraiser shall report the following information to the local governing body:
27
28 (a) The total taxable value of all property within the county or municipality for
29 the current fiscal year.
30
31 (b) The total exempted value of all property in the county or municipality
32 which has been approved to receive historic preservation ad valorem tax
33 exemption for the current fiscal year.
34
35 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any
36 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding
37 shall not affect the validity of the remaining portions of this ordinance.
38
39 Section 3. All ordinances or parts of ordinances in conflict with the provisions
40 of this ordinance are hereby repealed.
41
42 Section 4. Any sections or parts of sections of this Ordinance may be
43 renumbered and/or combined with other sections or parts of sections of the South Miami
Additions shown by underlining and deletions shown by ei-efstfikiag.
1 Code of ordinances and any amendments thereto, as is necessary to ensure the continuity
2 and consistency within and between the various sections of the South Miami Code of
3 Ordinances.
4
5 Section 5. This ordinance shall take effect immediately at the time of its
6 passage.
7
8 PASSED AND ADOPTED this day of 12005.
9
10
11 ATTEST: APPROVED:
12
13
14
15 CITY CLERK MAYOR
16
17 1 st Reading —
18 2nd Reading —
19
20 COMMISSION VOTE:
21 READ AND APPROVED AS TO FORM Mayor Russell:
22 Vice Mayor Palmer:
23 Commissioner Birts- Cooper:
24 CITY ATTORNEY Commissioner Sherar:
25 Commissioner Wiscombe:
26
Additions shown by underlining and deletions shown by o°°rn
Statutes & Constitution :View Statutes :- >2004- >Ch.01.96- >Section 1997. Online Sunshine Page 1 of 4
2004 ,-M1
Select Year:
Year:
The 2004 Florida Statutes
- Title XIV Chapter 196 View Entire Chapter
TAXATION AND FINANCE EXEMPTION
196.1997 Ad valorem tax exemptions for historic properties. -
(1) The board of county commissioners of any county or the governing authority of any municipality may adopt an
ordinance to allow ad valorem tax exemptions under s. -3, Art. VII of the State Constitution to historic properties if the
owners are engaging in the restoration, rehabilitation, or renovation of such properties in accordance with guidelines
established in this section.
(2) The board of county commissioners or the governing authority of the municipality by ordinance may authorize
the exemption from ad valorem taxation of up to 100 percent of the assessed value of all improvements to historic
properties which result from the restoration, renovation, or rehabilitation of such properties. The exemption applies
only to improvements to real property. in order for the property to qualify for the exemption, any such improvements
must be made on or after the day the ordinance authorizing ad valorem tax exemption for historic properties is
adopted.
(3) The ordinance shall designate the type and location of historic property for which exemptions may be granted,
which may include any property meeting the provisions of subsection (11), which property may be further required to
be located within a particular geographic area or areas of the county or municipality.
(4) The ordinance must specify that such exemptions shall apply only to taxes levied by the unit of government
granting the exemption. The exemptions do not apply, however, to taxes levied for the payment of bonds or to taxes
authorized by a vote of the electors pursuant to s. 9(b) or s. 12, Art. Vll of the State Constitution.
(5) The ordinance must specify that any exemption granted remains in effect for up to 10 years with respect to any
particular property, regardless of any change in the authority of the county or municipality to grant such exemptions
or any change in ownership of the property. In order to retain the exemption, however, the historic character of the
property, and improvements which qualified the property for an exemption, must be maintained over the period for
which the exemption is granted.
(6) The ordinance shall designate either a local historic preservation office or the Division of Historical Resources of
the Department of State to review applications for exemptions. The local historic preservation office or the division,
whichever is applicable, must recommend that the board of county commissioners or the governing authority of the
municipality grant or deny the exemption. Such reviews must be conducted in accordance with rules adopted by the
Department of State. The recommendation, and the reasons therefor, must be provided to the applicant and to the
governing entity before consideration of the application at an official meeting of the governing entity. For the
purposes of this section, local historic preservation offices must be approved and certified by the Department of
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Statutes & Constitution ;View Statutes >2004- >Ch0196- >Sect1on 1997 : Online Sunshine Page 2 of 4
State: -
(7) To qualify for an exemption, the property owner must enter into a covenant or agreement with the governing
body for the term for which the exemption is granted. The form of the covenant or agreement must be established
by the Department of State and must require that the character of the property, and the qualifying improvements to
the property, be maintained during the period that the exemption is granted. The covenant or agreement shall be
binding on the current property owner, transferees, and their heirs, successors, or assigns. Violation of the covenant
or agreement results in the property owner being subject to the payment of the differences between the total amount
of taxes which would have been due in March in each of the previous years in which the covenant or agreement
was in effect had the property not received the exemption and the total amount of taxes actually paid in those years,
plus interest on the difference calculated as provided in s. 212.12(3):
(8) Any person, firm, or corporation that desires an ad valorem tax exemption for the improvement of a historic
property must, in the year the exemption is desired to take effect, file with the board of county commissioners or the
governing authority of the municipality a written application on a form prescribed by the Department of State. The
application must include the following information:
(a) The name of the property owner and the location of the historic property.
(b) A`description of the improvements to real property for which an,exemption is requested and the date of
commencement of construction of such improvements.
(c) Proof, to the satisfaction of the designated local historic preservation office or the Division of Historical
Resources, whichever is applicable, that the property that is to be rehabilitated or renovated is a historic property
under this section,
(d) Proof, to the satisfaction of the designated local historic preservation office or the Division of Historical
Resources, whichever is applicable, that the improvements to the property will be consistent with the United States
Secretary of Interior's Standards for Rehabilitation and will be made in accordance with guidelines developed by the
Department of State.
(e) Other information deemed necessary by the. Department of State,
(9) The board of county commissioners or the governing authority of the municipality shall deliver a copy of each
application for a,historic preservation ad valorem tax exemption to the property appraiser of the county. Upon
certification of the assessment roll, or recertification, if applicable, pursuant to s. 193.122, for each fiscal year during
which the ordinance is in effect, the property appraiser shall report the following information to the local governing
body:
(a) The total taxable value of all property within the county or municipality for the current fiscal year.
(b) The total exempted value of all property in the county or municipality which has been approved to receive
historic preservation ad valorem tax exemption for the current fiscal year.
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Statutes & Constitution :View Statutes ;- >2004- >Ch0196- >Section 1997 : Online Sunshine Page 3 of 4
(10) A majority vote of the board of county commissioners of the county or of the governing authority of the
municipality shall be required to approve a written application for exemption. Such exemption shall take effect on the
January 1 following substantial completion of the improvement. The board of county commissioners or the
governing authority of a municipality shall include the following in the resolution or ordinance approving the written
application for exemption:
(a) The name of the owner and the address of the historic property for which the exemption is granted.
(b) The period of time for which the exemption will remain in effect and the expiration date of the exemption.
(c) A finding that the historic property meets the requirements of this section
(11) Property is qualified for an exemption under this section if:
(a) At the time the exemption is granted, the property:
1. Is individually listed in the National Register of Historic Places pursuant to the National Historic Preservation Act
Of 1966, as amended; or
2. Is a contributing property to a national- register- listed district; or
3. Is designated as a historic property, or as a contributing property to a historic district, under the terms of a local
preservation ordinance; and
(b), The local historic preservation office or the Division of Historical Resources, whichever is applicable, has
certified to the local governing authority that the property for which an exemption is requested satisfies paragraph
(a),
(12) In order for an improvement to a historic property to qualify the property for an exemption, the improvement
must:
(a) Be consistent with the United States Secretary of Interior's Standards for Rehabilitation.
(b) Be determined by the Division of Historical Resources or the local historic preservation office, whichever is
applicable, to meet criteria established in rules adopted by the Department of State,
(13) The Department of State shall adopt rules as provided in chapter 120 for the implementation of this section.
These rules must specify the criteria for determining whether a property is eligible for exemption; guidelines to
determine improvements to historic properties which qualify the property for an exemption; criteria for the review of
applications for exemptions; procedures for the cancellation of exemptions for violations to the agreement required
by subsection (7); the manner in which local historic preservation offices may be certified as qualified to review
applications; and other requirements necessary to implement this section.
History. - -s. 1, ch. 92 -159.
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CITY OF SOUTH MIAMI
HISTORIC PRESERVATION BOARD
REGULAR MEETING SUMMARY MINUTES
MONDAY, FEBRUARY 28, 2005
City Commission Chambers 4:00 PM
EXCERPT
L Call to order
Action: Ms. Redding called the meeting to order at 4:15 p.m.
II. Roll call
Roll call was performed. Board members present constituting a quorum: Ms. Redding,
Ms. Lahiff, Ms. Clyatt, Ms. Dison, Mr. Deen, and Ms. Chael.
Board members absent: Mr. Kurtzman
City staff present: R. Don O'Donniley (Planning Director), Sanford A. Youkilis (Planning
Consultant), and Patricia E. Lauderman (Board Secretary).
III. Legislation
Review of proposed City Of South Miami Ordinance pertaining to tax exemption for Historic
Properties.
Action: The Board and staff addressed the terms of the proposed tax exemption ordinance. Mr.
O'Donniley expressed to the Board that the tax reduction ordinance would be applicable to
improvements that contribute to maintaining the property historic. Additionally, he
recommended specifying in the ordinance that any tax exemption should be only for fagade
(exterior) improvements. The Board discussed the ordinance and directed staff to clarify in the
ordinance that only exterior improvements are applicable to tax reductions.
Motion: Ms. Redding moved to amend the ordinance by having staff create a clearer definition
of what improvements are eligible for tax exemption. Ms. Clyatt seconded the motion.
Vote: Approved 6 Opposed 0
Motion: Ms. Redding moved to endorse the amended ordinance and recommend to City
Commission the amended ordinance. Ms. Lahiff seconded the motion.
Vote: Approved 6 Opposed 0
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
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O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 5/3/2005
in the XXXX Court,
was published in said newspaper in the issues of
04/19/2005
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and 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 or
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any discount, rebate,' commission or refund for the purpose
of securin is advertis t for publication in the said
newspa r.
Sworn to and subscribed before me this
19 0 RIL 2005
(SEAL) Maria 1. Mesa
O.V. FERBEYRE personally krw 0 nWy Commission DD293855
®� Expkres March 04,. 2^006