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2013-3811 Ord ORDINANCE NO. 2013-3811 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-503, ENTITLED "NAMING OF PUBLIC FACILITIES," BY ELIMINATING THE REQUIREMENT OF A REFERENDUM IN SUCH CASES WHEN THE FACILITY TO BE NAMED OR RENAMED IS CITY OWNED, AND NOT ALREADY NAMED FOR AN INDIVIDUAL OR INDIVIDUALS PURSUANT TO SECTION 82-503(x)(4),AND THE PROPOSED NAME INCLUDES THE NAME OF THE PHYSICAL LOCATION OF THE FACILITY OR THE FACILITY TO BE NAMED OR RENAMED, WHICH MAY INCLUDE THE NAME OF THE PARK AND/OR STREET WHERE THE FACILITY IS LOCATED, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, at its meeting on June 26, 2013, the Neighborhood/Community Affairs Committee ("NCAC") considered an item concerning the naming of the Flamingo Park Tennis Center; and WHEREAS, following a discussion and consideration of the item, the NCAC recommended that the City Code provisions concerning the naming of public facilities be amended to provide for the naming of such facilities without the requirement of a referendum in cases when the facility to be named or renamed, and not already named for an individual or individuals pursuant to Section 82-503(a)(4), includes the name of the physical location of facility, which may include the name of the park and/or street where the facility is located; and WHEREAS, the Mayor and City Commission wish to accomplish the recommendation of the NCAC with regard to the naming of public facilities. NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: SECTION 1. AMENDMENT TO ARTICLE VI OF CHAPTER 82 OF THE CITY CODE A. That Section 82-503, of Chapter 82 of the Miami Beach City Code is hereby amended as follows: CHAPTER 82 PUBLIC PROPERTY ARTICLE VI. Naming of Public Facilities and Establishment of Monuments and Memorials Sec. 82503. Naming of public facilities (c) Exterior portion (s) of a public facility or park. (1) Where an exterior portion(s) of a public facility, or where a park is to be named, the city commission may only consider a name approved by a majority of the members of the committee. (2) Additionally, any name so approved by the city commission must be approved by a five-sevenths vote and must be submitted to the electorate of the city by referendum at the next regularly scheduled election. The name selection shall be approved by a majority of the electorate voting in the referendum. Notwithstanding any other provision of this Article, the referendum requirements of this section shall not apply where any City owned facility, not already named for an individual or individuals pursuant to section 82-503 (a) (4), is to be named or renamed solely for the name of the City, the physical location of the facility and/or the street where the facility is located, and the function of the facility,or the current name of the facility. SECTION 2. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. i 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. The sections of this Ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," article," or other appropriate word. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect on the 21st day of September , 2013. PASSED AND ADOPTED this 11th day of September , 2013. AYOR ATTEST: '�.....�� .0 ;,,. '•: APPROVED AS TO FORM & LA GUAGE &FOR EX TION CITY CLERK �►�: '��� ORATED:r 4TE j3 GI E y ?�' 9 gyp;�.'_•,- i� FAATTO\AGUR\RESOS-ORD\Naming of Public Facilities Ordinance(Final 9-18-13).doc 1 OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORAL S SECOND READING PUBLIC HEARING FROM: JOSE SMITH r CITY ATTORNE DATE: September 11, 2013 SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH CITY CODE BY AMENDING CHAPTER 82 OF THE CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82- 503, ENTITLED "NAMING OF PUBLIC FACILITIES," BY ELIMINATING THE REQUIREMENT OF A REFERENDUM IN SUCH CASES WHEN THE FACILITY TO BE NAMED OR RENAMED IS CITY OWNED, AND NOT ALREADY NAMED FOR AN INDIVIDUAL OR INDIVIDUALS PURSUANT TO SECTION 82-503(a)(4), AND THE PROPOSED NAME INCLUDES THE NAME OF THE PHYSICAL LOCATION OF THE FACILITY OR THE FACILITY TO BE NAMED OR RENAMED, WHICH MAY INCLUDE THE NAME OF THE PARK AND/OR STREET WHERE THE FACILITY IS LOCATED; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. At its meeting on June 26, 2013, the Neighborhood/Community Affairs Committee ("NCAC") considered an item concerning the naming of the Flamingo Park Tennis Center. Following a discussion and consideration of the item, the NCAC recommended that the City Code provisions concerning the naming of public facilities be amended to provide for the naming of such facilities without the requirement of a referendum in cases when the facility to be named or renamed, and not already named for an individual or individuals pursuant to Section 82-503(a)(4), includes the name of the physical location of facility, which may include the name of the park and/or street where the facility is located. The above-referenced Ordinance was drafted by the City Attorney's Office and was considered and passed on First Reading by the Mayor and City Commission on July 17, 2013. JS/DT/sc F:\ATTO\TURN\COMMMEMO\Amending Chapter 82 Re Naming of Public Facilities- Sept 11 2013.doc Agenda Item R S F-- Date 9- /13 N% THURSD,4Y,AUGUST 29,2013 1 17NE MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of. Miami Beach,Florida,in the Commission Chambers,aid Floor,City Hall,11 7C Convention Center Drive,Miami Beach,Florida, on Wednesday,September 11,2013 to consider the following: 10:15 am. An Ordinance Implementing Provisions Of The 2012-2015 Collective Bargaining Agreement Between The. City And The Communications Workers Of America,(CWA)Local 3178;implementing Sir filar Retirement Plan Amendments For Members Who Are Not Included in Any Bargaining Unit;Amending The Miami Beach Employees'Retirement Plan Created By Ordinance 2C0&35C4;Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan(Plan)Program From Three(3) To Five(5)Years For Eligibie Members;Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features;Amending Section 4.03 By Eliminating.The Purchase Of Additional Creditable Service For Certain Members;Providing For Severabdiry;Repealing Ali Ordinances In Conflict Therewith;And Providing An Effective Date. Inquiries may be directed to the Human Resources Department(305)673-7524. 10:30 am.. An Ordinance Amending Ordinance No.789.The Classifled Employees Salary Ordinance Of The City Of Miami Beach,Florida, As Follows:_Providing For The.Classifications in Group W,Represented.By The Communications Workers Of America(CWA)Local 3178,In Accordance With The Negotiated Collective Bargaining Agreernent,Effective October 1,2012,There Shall Be An Increase Of Eleven Percent(11%)To The Maximum:Wage For The Classifications Of Lifeguard II And Lifeguard Lieutenant;Effective The First Pay Period Ending In October Of`2014,There Shall.Be An Across The Board Cost-01-Living.Adjustment(COLA)Of Three Percent(3%),And The Minimum And Maximum Of Each Pay.Range Will Also Be Increased By Three Percent(34'0);Repealing All Ordinances In Conflict;Providing For Severability,An Effective Date And Codification. Inquiries may be directed to the Human Resources Department(305)673-7524. 10:45 am Minimum Unit Sizes For Historic.Hotels And RM-2 Tower Setbacks E Ordinance Amending The Land Development Regulations Of The Code Of The Cfty Of Miaml Beach,By Amending Chapter 142, 1 "Zoning Districts And Regulations,"By Amending Article 11,'District Regulations,"By Amending Division 3,"Residential Multifamily Districts,'By Amending Section"142-155"To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within The RM-t District;By Amending Section"142-217"To Modify The Requirements For Mktimum Hotel Room Size.For Historic Hotels Within The RM-2 District,By Amending Section"142-21 S'To Modify The Tower Setback Requirements Within The RM-2 District;By Amending Section"142-246"To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within The RM-3 District E Inquiries may be directed to the Planning Department at(305)673-7550. E ( 11:00'm i .Ordinance Amending Chapter 90 Of The Miami Beach City Code,Entitled`Solid Waste,"By Amending,Article V,Entitled "Citywide Recycling Program For Multifamily Residences And Commercial Establishments,"By Amending Section 90-343,Entitled i 'Public Educati on Program;Requirements For Recycling Contractors;Warning Period;Enforcement Date;"By Extending The Warning Period From June 3O,2013 To December 31,2013 And Extending The Beginning Of The Enforcement Period From Juy 1, 2013 To January.T,2014;By Amending Section 90-345,Erd tied"Enforcement;"By Extending The Beginning 01 The Enforcement Period From July 1,2013 To January 1;2014. inquiries may be directed to the Public Works Department(305)673-7080. 11:15 am. Ordinance Amending Chapter 90 Of The Miami Beach City Code,Entitled"Solid Waste,"By Amending Section 9C-39 Entitled. "Fine Schedule For Violations Issued And Applied To Owners,Agents„Tenants,Occupants,Operators Or Managers,Or Persons Responsible For The Violation;”By Amending The.Fine Schedules For Violations Of Section 90-36 And 9C-96 And Providing For Consistent Terminology Regarding First And Subsequent Offenses;By Amending Section 9040,Entitled"Fine Schedule For Violations Of Sections 90-95;90-107;90-191 Et Seq.;90-221 Et Seq.:And 90-228 By Private Waste Contractors,'By Amending And Providing For Fine Schedules And Violations Consistent With The Provisions In The Referenced Sections And in Sections 913-36,90-99,And 90-100,And Providing For Consistent Terminology Regarding First And Subsequent Offenses;By Amending Section 90-222,Entitled''IlstOf Accounts,"By Providing Reporting Requirements For Discontinued Accounts Consistent With Section 90-36. Inquiries may be directed to the Public Works Department(305)673-7080. 11:30 am. Ordinance Amending Chapter 82 Of The City Code,Entitled"Public Property,"By Amending Article VI,Entitled"Naming Of Public Facilities And Establishment Of Monuments Or Memorials,"By Amending Section 82-503,Entitled"Naming Of Public Facilities," By Eliminating The Requirement Of A Referendum.in Such Cases When The Facility To Be Named Or Renamed Is City Owned, f And Not Already Named For An Individual Or individuals Pursuant To Section 82-503(a)(4),And The Proposed Name includes j The Name Of The Physical Location Of The Facility Or The Facility To Be Named Or Renamed,Which May Include The Name Of The Park And/Or Street Where The Facility is Located. ( Inquiries may be directed to the City Attorney's Office(305)673-7470: INTERESTED PARTiES'are Invited to appear at thifs meeting,or be represented by an agent,or to express their views In writing E addressed to the City Commission,c/o the City Clerk,17CO Convention Center Drive,1st Floor,City Hall,Miami.Beads, ( Florida 33139.Copies of these items are available for public inspection during normal business hags in the City Clerk's Office, 1700 Convention Center Drive,1 st Floor,City Hail,Mlaml Beach,Florida 33139.This meeting or any of the items herein may be continued,and under such circumstances additional legal notice will not be provided. Rafael E.Granado,City Clerk City of Miami Beach F Pursuant to Section 286.01 c5,Fla StaL,the.City hereby advises the public that If a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings Is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or Irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. € To request this material In accessible format,sign language Interpreters,information on access for persons with disabilities and/ I or any accommodation to review any document or participate in any City-sponsored proceeding,please contact us five days in advance at(305)G73-7411(voice)or TTY users may also call the Florida Relay Service at 711 i Ad ti799