2014-3875 Ordinance ORDINANCE NO. 2014-3875
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 82 OF THE
MIAMI BEACH CITY CODE, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC
FACILITIES AND ESTABLISHMENT OF MONUMENTS AND
MEMORIALS,". BY AMENDING THE DEFINITIONS IN SECTION 82-
502; AMENDING THE CRITERIA FOR THE NAMING OF PUBLIC
FACILITIES AND THE CO-NAMING OF STREETS IN SECTION 82-503;
DELETING THE PROVISIONS IN SECTION 82-505 REGARDING THE
ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION
FOR THE NAMING OR RENAMING OF PUBLIC FACILITIES; AND
AMENDING SECTION 82-501 TO CROSS REFERENCE AMENDED
SUBSECTION 82-503(C); PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 2013-28429, the Mayor and City Commission
directed the City Administration to develop additional criteria for the co-naming of City streets;
and
WHEREAS, amended criteria for the co-naming of City streets has been developed by
the City Administration and is set forth in this Ordinance, as well as other housekeeping
amendments to the naming provisions for public facilities and amendments that delete the
acceptance of monetary donations in consideration for the naming or renaming 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.
That Chapter 82, Section 82-501, 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 OR MEMORIALS
Sec. 82-501. Generally.
I
(c) Effective upon adoption of this aFtiG' Ordinance No. 2014-3875, no street
located in the city shall be hereafter named, renamed, or co-named afteF
except as provided in Section 85 503(d)
82-503(c), hereof. . . .
SECTION 2.
That Chapter 82, Section 82-502, of the Miami Beach City Code is hereby amended as
follows:
Sec. 82-502. Definitions
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Committee means the community affairs committee created by the city commission on March
18, 1998 and as merged with the neighborhood committee on November 25, 2003 pursuant to
Resolution No. 2003-25446, or any other such committee designated by the city commission to
review and recommend names for public facilities and the co-naming of streets, and approve
the establishment of monuments or memorials to be located within or owned by the city.
Memorial means a site, art work or structure created to preserve the memory of a significant
event(s) or person(s).
Monument means a bust, sculpture, or similar structure, erected in honor of a significant
event(s) or person(s).
Public facility means any public building, plaza or park owned by the city.
Street means that area of a public right-of-way improved, designed, and ordinarily used for
vehicular traffic and/or parking including, without limitation, avenues, roads, drives, lanes,
boulevards, courts, and alleys. For purposes of this article, streets shall only be intended to
include city-owned streets, and not state or county-owned and/or controlled streets.
SECTION 3.
That Chapter 82, Section 82-503, of the Miami Beach City Code is hereby amended as
follows:
Sec. 82-503. Naming of public facilities; co-naming of streets.
(a) Naming of an exterior portion of a public facility (including naming of a park). Whenever a
name is needed for a new public facility, or whenever there is a dal request to rename an
existing public facility, within or owned by the city, the naming, or renaming, shall first be
considered and reviewed by the committee according to the following procedures:
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(1) Any person, organization, association, corporation or other entity, including a member of
the city commission or the administration of the city, may propose a name for a new
public facility, or may propose renaming an existing public facility, at any time by
submitting a the proposed name in writing (the proposal) to the committee.
(2) Within a reasonable time after receipt of the proposal, the committee shall meet to
consider and review same-fer the naming, or renaming, of the public facility. Notice of
the meeting shall be given to all persons who have proposed the names, or rename, for
the public facility.
(3) After reviewing the proposal in °nnnrrlanne Witthh Tits eSt-ahGched colon+inn nriteria, the
committee shall transmit a wFitteR its recommendation to the city commission regarding
the r MR;enrintinn r►-�n�i nlcn innl--de aRy alteMa moc proposed by
the proposal;
nnrnmittee
(4) NetwithstandiRg any otheF ef this seGtmGR,
{5} Within a reasonable time after receiving the recommendation from the committee on the
. proposal for the naming or renaming, the city commission shall call a public hearing.
fQ{� Notice of the public hearing regarding the naming or renaming of the public facility,
shall be published at least ten (10) days prior to the hearing in a newspaper of general
circulation in the city.
(6) Any proposed naming, or re-naming of a public facility approved by the city commission
must be approved by a 5/7ths vote, and must be submitted to the electorate of the city
by referendum at the next regularly scheduled election. The name shall be approved by
a majority of the electorate voting in the referendum.
M Notwithstanding any other provision of this section, public facilities shall not be named,
or renamed, for living persons. unless such persons are over 100 vears of age, or, for
livinq persons under 100 years of age, unless the naming or renaming is (i) approved by
a majority of the members of the committee, (ii) approved by the city commission by a
5/7ths vote; and (iii) submitted to the electorate of the city by referendum at the next
regularly scheduled election and approved by a majority of the electorate voting in such
referendum;
However, this provision shall not apply to public
facilities named or renamed prior to June 29, 1991.
Notwithstanding any other provision of this section, the referendum requirements of this
section shall not apply where a public facility is to be named or renamed solely for the
name of the city, the geographic area or physical location of the facility and/or the street
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or portion of the street where the facility is located, the function of the facility, or the
current name of the facility.
(b) Naming of iInterior portion(s) of a public facility (including naming of interior portion(s) of a
ark) 9F plaza.
(1) Where toe an interior portion of a public facility, (including the naming of an interior
portion of a park or the naming of an interior portion of a building located within a park)
or wh ere a plaza is to be named, or renamed, the procedures in section 82-503(a)(1)
through (5) shall apply.
aAt the close of the public hearing, the city commission may approve the proposed name
fef, or ^+h°^"Vic° rename for; the subject interior portion of the public facility, or of the
plaza by a 5/7ths vote. In gtzlenting the name the G.#y GGMMiSsien shall be goveFned by
established qwel�er--ti. .. -...-..a heweveF, the name seleGted need not. -he n-%
FeGemmended by the GOMFnittee.
GOMMORee.
(2) AddetiORally, any name so aPPF9ved by the Gity GO must be appFeved by a five-
n,,rr + n-amen of the f�niliti
{d)Lcl Co-naming of streets or portions thereof.
(1) Streets, or portions thereof, located in the city may be co-named in honor of Q Miami
Beach police officers who died or were killed in the line of ii duty o+h°r��,.,h^
"' a public facility located on the street
to be co-named; NO private not-for-profit organizations with significant historic value to
the City and associated with a structures which have a significant historical value or
architectural significance to the City and which are located on the street, or portion
thereof, to be co-named; (iv) geographic areas within the City; or (v) a commercial
establishment that has been in business in the City of Miami Beach for 100 or more
years and which is located on the street to be co-named. The provisions in this
subsection 82-503(c)(1) shall not apply to streets named or co-named prior to June 21,
2014.
(2) Whenever a request esal is made to co-name a street,
liGe offiGeF whe died or was hills in the liRe of d ,tai the co-naming shall first be
considered and reviewed by the committee according to the following procedures:
'I
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a. Any person, organization, association, corporation or other entity, including a
member of the city, may propose that a street be co-named,
BeaGh nnliGe nffiner \A/hQ- died 9F s killed iR the limo of di Ity by submitting the
yep request in writing to the committee. At a minimum, such pFOP96al
awe request shall include the following:
1. The street, or portion thereof, to be co-named; and
4-2. The proposed co-name of the effuse street, or portion thereof; and
The JtFeet to be Go Ramed; aP
3. The reason for the request, and
4. If the proposed co-naming is requested pursuant to subsection 82-
503(c)(1)(i), a factual summary including the date and circumstances under
which the officer died or was killed in the line of duty-.Land
5. If the proposed co-naming is requested pursuant to subsection 82-
503(c)(1){++}(iii), afactual summary confirming the '
significant historic value of the private not-for-profit organization, and the
associated structure, to the City; and
6. If the proposed co-naming is requested pursuant to subsection 82-
503(c)(1)(v), a factual summary confirming the commercial establishment's
contribution to the City.
b. Within a reasonable time after receipt of the request, the
committee shall meet to consider and review same. Notice of the meeting shall
be given to the person and/or organization that made the request and/q
G omitted the pFepesal
c. After reviewing the pFepesal andiep request, the committee shall transmit a
+ icetternr its recommendation to the city commission regarding the
request_.; The committee's recommendation requires a simple majority vote
the nn_mnminn it+ fnr n li�iinn mersnn mrler n�ier 'I/lfl veare of one nr fnr-
depeased
Perc•nn referenned in s bsentinn 8X.03(2)( 1)/ii\ Whinh r
by the nnmmittee
u� .
d. Within a reasonable time after receiving the recommendation from the
committee, the commission shall call a public hearing regarding the co-naming.
Notice of the public hearing shall be published at least ten (10) days prior to the
hearing in a newspaper of general circulation in the city.
e. At the close of the public hearing, the city commission may approve the PFspesal
an/e request. Any pFepe6al andiGF request to co-name a street or portion
thereof pursuant to this subsection 82-503{e}Lcj must be approved by a fve-
se�veRths 5/7th vote of the city commission.
f. Any person, not-for-profit organization, or commercial establishment to be
recognized by the co-naming of a street, or portion thereof, must be in good
standing in the community at the time of final approval of same by the city
commission and if, after the street is co-named, the person recognized, or the
Principal(s) of the not-for-profit commercial establishment recognized are
subsequently convicted or adjudicated guilty of a felony, the co-name e
FseR nr nnmmen+ial establishment shall be removed from the street sign. In
5
addition, the City Commission may approve the removal of the co-name of a
street at a public hearing if said person, not-for-profit organization, or commercial
establishment is no longer in good standing in the community. In ate# either
case, neither the city, nor any of its officers, employees, contractors, or agents,
shall have any liability to the person, not-for-profit organization, or commercial
establishment recognized by the co-naming of the street or to the Principal(s) of
such not-for-profit organization or commercial establishment (including, without
limitation, if such person or principal(s) ef a G9FnFneFGial establ9shfne4# are
deceased, his/her heirs, relatives, successors, or assigns), and/or any other
party(ies), for any costs or claims resulting from such removal (and including,
without limitation, reimbursement of any costs incurred for design, fabrication,
installation, and/or maintenance of the street sign, if applicable).
SECTION 4.
That Chapter 82, Section 82-505, of the Miami Beach City Code is hereby deleted as
follows:
the GOMFnittee aGGGFdiF;g to the following PFGGed6IFe.5:
6
,
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 7. 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
article, or other appropriate word.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect the o?/ day of 7uh �O_ , 2014.
PASSED and ADOPTED this // day of 71ihe , 2014.
ATTEST:
7/7/,,-/
INE R
RA EL E. GRANADO, (ATY CLERK :INOORF
(Sponsored by Commissioner Michael Grieco) >, ''••v APPR®VEDAS TO
Underline denotes additions �=.,:";-�=,T-c-�-�` FORM &LANGUAGE
Strike thFGUgh denotes deletions &FOR EXECUTION
FAATTO\TURN\ORDINANC\Co-Naming Ordinance-June 11 2014 Final.docx 1
7 City Attorney Date
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entitled "Public Property," By
Amending Article Vi, Entitled "Naming Of Public Facilities And Establishment Of Monuments And
Memorials," By Amending The Definitions In Section 82-502,Amending The Criteria For The Naming Of
Public Facilities And The Co-Naming Of Streets In Section 82-503;Amending The Provisions In Section
82-505 For The Acceptance Of Monetary Donations In Consideration For The Naming Or Renaming Of
Public Facilities; And Amending Section 82=501 To Cross Reference Amended Subsection 82-503(C);
Providing For Codification; Repealer; Severabilit ; And An Effective Date.
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
Item Summa /Recommendation:
At the October.28, 2013 Neighborhood/Community Affairs Committee (NCAC) Meeting, the NCAC
discussed a request from the Collins Park Neighborhood Association regarding the co-designation of 21 St
Street and 22nd Street as Collins Park South and Collins Park North, respectively. It is worth noting that
21St Street is currently co-designated as Jose Marti Street. This co-designation was approved by the City
Commission in 1994(prior to the current code)via Resolution No. 94-21216. Currently,Article VI Section
82-503 of the City code only allows for co-designation of streets in honor of Miami Beach police officers
who died or were killed in the line of duty.
Pursuant to current County code, the following process also must be followed for co-designations of
streets: 1)A five-sevenths (5/7) vote of the City Commission is required; 2)A resolution of the City
Commission recommending the co-designation would need to be submitted to Miami-Dade County Public
Works and.Waste Management Department for consideration by the Platting and Subdivision Committee;
and 3)The co-designation request would have to be approved by the Miami-Dade County Board of County
Commissioners via a resolution.
At the December 11, 2013 Commission meeting, the Committee approved Resolution 2013-28429,
accepting the recommendation of the Neighborhood/Community Affairs Committee, that the City
Administration develop a criteria for the co-naming of streets.
At the April 23, 2014 Commission meeting, the title of the Ordinance was read into the record. A motion
was made for this item to be opened and continued to May 21,2014.At the May 21,2014 meeting,the title
of the Ordinance was read into the record and approved on First Reading with the following amendments:
• Remove section regarding persons that are deceased or have been alive for over 100 years.
• Include buildings that have a living historical perspective that would fit into the categories, but are not a
commercial or public facility or a neighborhood; for instance The Women's Club.
• Allow for the limitation of areas of streets and portions of streets.
• Broaden criteria to give more discretion to remove names in the future.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING,
PUBLIC HEARING
Advisory Board Recommendation:
At the NCAC meeting on October 28,2013,the Committee passed a motion directing the Administration to
develop specific language and guidelines pertaining to the co-naming of streets and to bring the item to
Commission for consideration of a potential amendment to the City Code.
Financial Information:
Source of Amount Account
Funds
1
Total
Financial impact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Director . Assistant C' a ger City anager
ETC MT J L
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TAAGENDA\2014\May\0rdinance CO-NAMING STREET SIGNS.SUMMARY.doc
Agenda Item
MIAMI BEACH Date I
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members cf the City ommission
SECOND READING
FROM: Jimmy L. Morales, City Manager PUBLIC HEARING
DATE: June 11, 2014
SUBJECT: AN ORDINANCE AMENDING CH PTER 82 OF THE MIAMI BEACH CITY CODE,
ENTITLED"PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED"NAMING
OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS AND
MEMORIALS," BY AMENDING THE DEFINITIONS IN SECTION 82-502, AMENDING
THE CRITERIA FOR THE NAMING OF PUBLIC FACILITIES AND THE CO-NAMING OF
STREETS IN SECTION 82-503; AMENDING THE PROVISIONS IN SECTION 82-505
FOR THE ACCEPTANCE OF MONETARY DONATIONS IN CONSIDERATION FOR THE
NAMING OR RENAMING OF PUBLIC FACILITIES;AND AMENDING SECTION 82-501
TO CROSS REFERENCE AMENDED SUBSECTION 82-503(C); PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE.DATE.
BACKGROUND
At the October 28, 2013 Neighborhood/Community Affairs Committee(NCAC) Meeting,the NCAC
discussed a request from the Collins Park Neighborhood Association regarding the co-designation
of 21 St Street and 22nd Street as Collins Park South and Collins Park North, respectively. It is worth
noting that 21St Street is currently co-designated as Jose Marti Street. This co-designation was
approved by the City Commission in 1994 (prior to the current code)via Resolution No. 94-21216.
Currently, Article VI Section 82-503 of the City code only allows for co-designation of streets in
honor of Miami Beach police officers who died or were killed in the line of duty.
Pursuant to current County code,the following process also must be followed for co-designations of
streets:
1. a five-sevenths (5/7) vote of the City Commission is required;
2. a resolution of the City Commission recommending the co-designation would need to be
submitted to Miami-Dade County Public Works and Waste Management Department for
consideration by the Platting and Subdivision Committee; and
3. the co-designation request would have to be approved by the Miami-Dade County Board of
County Commissioners via a resolution.
At the NCAC meeting on October 28, 2013, the Committee passed a motion directing the
Administration to develop specific language and guidelines pertaining to the co-naming of streets
and to bring the item to Commission for consideration of a potential amendment to the City Code.
Ordinance- Co-Designation of 21st Street and 22nd Street as Collins Park South and Collins Park North
June 11, 2014
Page 2 of 2
At the December 11, 2013 Commission meeting,the Committee approved Resolution 2013-28429,
accepting the recommendation of the NCAC, that the City Administration develop a criteria for the
co-naming of streets.
At the April 23, 2014 Commission meeting, the title of the.Ordinance was read into the record. A
motion was made for this item to be opened and continued to May 21, 2014.
At the May 21, 2014 meeting, the title of the Ordinance was read into the record and approved on
First Reading with the following amendments:
• Remove section regarding persons that are deceased or have been alive for over 100 years.
• Include buildings that have a living historical perspective that would fit into the categories, but are
not a commercial or public facility or a neighborhood; for instance The Women's Club.
• Allow for the limitation of areas of streets and portions of streets.
• Broaden criteria to give more discretion to remove names in the future.
CONCLUSION
The Administration recommends approving the Ordinance on Second Reading, Public Hearing
Attachments: Draft Ordinance
MT/ETC
TAAGENDA\2014\June\0rdinance Co-Naming of Streets MEMO.doc
ATTACHMENT
DRAFT ORDINANCE TO BE PROVIDED BY LEGAL
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