98-3128 ORD
ORDINANCE NO.
98-3128
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING ARTICLE V, SECTION
39-27 OF CHAPTER 39 OF THE MIAMI BEACH CITY CODE, ENTITLED
"STREETS, SIDEWALKS, AND PUBLIC FACILITIES," EXEMPTING THE
MIAMI BEACH GARDEN CENTER AND CONSERV A TORY FROM THE
REFERENDUM REQUIREMENT OF SUBSECTION 39-27(d); PROVIDING
FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, Article V, Section 39-24 through 39-27 of Chapter 39 of the Miami Beach City
Code provides for the naming of new public facilities and streets and for the renaming of existing
public facilities and streets within or owned by the City of Miami Beach; and
WHEREAS, Miami Beach City Code Section 39-27 establishes the procedures to be
followed by the Mayor and City Commission in the naming of a specified public facility or main
street, with Subsections ( a) through (c) thereof providing for a public hearing prior to the Mayor and
City Commission's name selection, and with subsection (d) thereof requiring additional procedures,
including referendum, prior to the naming of certain public facilities or a main street; and
WHEREAS, upon recommendation of the Community Affairs Committee at its first regular
meeting of June 5, 1998, the Mayor and City Commission herein wish to exempt the Miami Beach
Garden Center and Conservatory from the referendum requirement provided pursuant to subsection
(d) of Miami Beach City Code Chapter 39-27.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF CITY CODE CHAPTER 39. ARTICLE V
That Miami Beach City Code Chapter 39, Article V, entitled "Streets, Sidewalks, and
Public Facilities;" specifically subsection (d) of Code Section 39-27, is hereby amended to read as
follows:
Section 39-27 Public Hearing; Selection of Name by City Commission; Referendum
*
*
*
(d) Where a public facility other than a plaza or any interior portion of a
public facility or main street is to be named, the city commission may
only consider a name which has been approved by a majority of the
members of the Rl:lks fmd E-(t:nts Committee Community Affairs
Committee. Additionally, any name so selected 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 selection shall be approved
by a majority of the electorate voting in the referendum. The Miami
Beach Garden Center and Conservatory shall be exempt from the
referendum requirements of this subsection.
SECTION 2. 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 relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION S. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its adoption.
PASSED and ADOPTED this 1 s t day of
July
,1998.
MAYORrJ
A T:I:EST:
17 . I ' ,
1/ (JCLL! 1 (((1 atit
CITY CLERK
RJA\kw
F:IA lTOIAGURIRESOSIGRDNCTR.EXM
1st reading 6/17/98
2nd reading 7/1/98
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/lll!-- ," 6 /f/ ;0
Date
2
~~TICLE V. N;L~ING OF PUBLIC FACILITIES ~~ STREETS
Sec. 39 - 2 4 .
Gez:.e:a.l.
Sec. 39-25.
Defi=.itions.
Sec. 39 - 25 .
Review ~d reco~e=da~ion by Cc~t~ee.
Sec. 39-27.
Public hea:i=g a=d na=~=g by City Ccc=issic=.
Sectioc 39-24. Gez:.e:al
Afcer the effective date of t~is Ordi~a~ce, no public facility
or street located in or O~ed by the City of Miami Beach shall be
named or renamed except in accord~~ce with the procedures set for~h
.,
in this A:ticle.
Sec. 39-25 DefinitioI:.s.
(a) City C~ssion. The qove~inq body of the City of Miami
Beach, Florida.
(b)
COIml:l...ittee.
The Rules and Special Eve=:.ts Ccr.:mittee
created by the city commission on Janua=y 22,
1986 0:::
. .
a:lY 0 t..'1.er
such committee designated by the city commission .to revie'N' and
recommend names for public facilities and streets located wichi=:. or
o~ed by the City of Miami Beach.
'(e) Mai~ Street. One of the followi~g roadways located i~ the
City of Miami Beach:
MacA:thur Causeway - Sth Street, Ve~etia~
Cal1se'....ay, Dade Boulevard, 41st Street, 71s:: Street, Nor::-:a::dy O:::-ive,
Co 11 i::s .;''I'e::ue,
Washi~gto:: A'I'e::ue,
I::dia:: Cree~ Drive,
Pir:~
~-.::l.':::"
....- --
Drive, Alton Road, Li::co1:: Road a::d Ocea:: D:::-i'l'e.
( d)
Pla::a.
.~~ ope:: public s~~are.
(e)
Public facili ty.
.. ~. , .,.. .
A.-:y pu.= ~ l.C cu~_c..:.r:g,
plaza 0:::- s:ark
owned by the City of Miami Beac~.
Sec. 33-25.
Review a=d reco~e~dation committee.
'The committee shall establish selection criteria which,
,
wne:l
a~_proved by tho c't.v camm'
-- - -- ~. ":'ssion,
shall gove~ its name selection
process.
Wheaever a name is needed for a new public facility or street
or whenever there is a proposal to re::.ame an existing public
facility or street within or owned by the City of Miami Beach, said
naming or renaming shall first be considered and reviewed by the
committee designated by the city commission according to the
following procedures:
(a) A.......y person, orga::ization, association, c01:"poration or
och~= e:!tity
.; r- C 1 uc.' .; - c: a
-..... - _.:....-
me:nber of
t::e
city c:::mm~SSl.on or t;"""
administration of the city may propose a name for a ne'.... public
facility or street or may propose renaming a::. exist:.ing public
facility 0:::- st:.reet at any time by submitting a p:::-oposed name to
-.....~
1...--
committee.
(b)
Within a reaso~able
time
a<=-"'-
-'---
:=e-=~i9t
of
saie: ?::-oposal
the ccmmitt::!-:
shall
meet to co~side::- a~d
re'l~ew pro~csa~s
-,.....-
'---
t:-.'"
---
naming or renaming of said public faci~ity 0::- st::-ee:.
~jotice of
the meeting shall be give~
to al~
-e----- c- o__-_~_;~_~es
:::" _.;:n,-...l._';:' _ __
w':::'c::
!;=>--",
__v _
~-occsec.
.:-- - -
names
..:.......-
J..v_
tne
ct.:.bl ic
':-,-..;1~-,\_
~c.___....,-~
c::-
S--Z~~
-- -- "-
,._,..;",-
"-------
C::l~st=_~ctio~ .
(e) Afte::- revie'....inc the 9::-oposal in accordance with the
establis:-:ed selection c::-i te:ria t ;.,Q commi t tee shall t:ra:lsmit a
w::-itte~ :recommendatio~ to the city commission rega::-ding tne
p::-oposal; the reccmmencatio~ may also incluc.e ~~y ~ames p::-opcsed by
t::e committee.
(d) Notwithstanding any othe::- p::-ovision of this o::-dinance,
streets and public facilities shal~ noe be named fo::- livir..c
pe:rsons, ~~less SUch pe::-Sons a::-e ove::- one hunc.::-ed (100) years of
age; provided, howeve::-, that this p:rovision shall not apply to
st::-eets and public facilities named 0::- renamed o::-io::- to tl:e
effective date of this ordinance.J~~e 29, 1991.
Sec. 39-27
Public
Hearin.g'i
selection.
0:
n.a:!le
by
City
CO~gsion.i referen.cu=;
( a)
Within
a
:reaso~able
t~:ne
aF-.=.-
- '---
=-ecei ~;-ir:g
the
::-ecommendatior:
fo::- a
naming 0::-
::'"::lami::g
f~c~
"''"-.=.,
'-"- -
committee,
...;..~
'- ---
city commission shall call a public hearing.
. (b) Notice of a public hea.:-i::.g regardir:s- the r:.a:ni.r:g Or
renamir:g of a public facility or street shall be p~lished a~ least
ten days prior to the hearir:.g
ir:. a r:.e~s~a~er of general
. . .
Cl.==:.:...:.at:1.o::
in the City of Mi.ami Seach.
(c)
At
tne
close
of the
public
::earir:g
.........:a,
'- -.-
city cCi7:m.:.ss1.o::
may select a name
fo::: 0= :::-~::ame
-~o
'- ---
subject p~lic facili~y or
st:=2et.
In selectir:g the r:.a:ne, the commission shall be gove~ed by
its est~lished selection criteria; ho~ever, the name selec~ed r:.eed
not be one recommended by the committee.
(d) Where a public facility other thar: a plaza or any
interior portion of a public facility or ma1.n street l.S to be
earned, the city co~~ission may only consider a name which has beer:
approved by a majority of the members of the Rules ar:c EV'ents
Comr:tittee.
Additionally,
any name so selected by the city
cOr:tmission must be approved by a S/7th's vote anc must be submitted
to th~ electorate of the City by referer:dum a~ the r:.ext re~larly
scheduled election.
The name selection shall be approved by a
majority of the electorate Votins- in the referencum.
(e) ~~cept as otherNise provided by IaN or contract ar:y r:.ame
desis-r:ation established
a~-.=..,..
- '---
tee
accpt:ior:
cate
of teis O=d~~a=ce
. 1 1
s::a__
automatically sur:.set
ten
(10)
~,,;=a.-=s
from its
'. ,
cesl.q::at1.or:.
date.
Wit::in th.e
last year of name desiq::ation,
the Miami
- .
=eacn
City CommiSSion may extend said desiq::at:ion far cne adc:i.tic::al
period-of ten (10) years, said exter.sion to automatically s~~set at
the e:9iration of said ten (10) year period. The Bass Museum of ~t
shall be exempt from the r.ame designation s~~set provisions of this
subsection.
~<o:3c~:jean.~'\nami~q_O.O~d
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\'d.mlaml-beach.n.ua
COMMISSION MEMORANDUM NO. ~ 3L. -1 r
TO:
Mayor Neisen O. Kasdin and
Members of the City Com ission
DATE: July 1,1998
FROM:
Sergio Rodriguez
City Manager
.;
SUBJECT:
SECOND ADING - AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
ARTICLE V, SECTION 39-27 OF CHAPTER 39 OF THE MIAMI BEACH
CITY CODE, ENTITLED "STREETS, SIDEWALKS, AND PUBLIC
FACILITIES," EXEMPTING THE MIAMI BEACH GARDEN CENTER AND
CONSERVATORY FROM THE REFERENDUM REQUIREMENT OF
SUBSECTION 39-27(d); PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRA TION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
On May 6, 1998 the Mayor's Ad Hoc Garden and Conservatory Committee discussed and
unanimously approved a motion to change the name of the Miami Beach Garden Center and
Conservatory (Garden Center) to the Miami Beach Botanical Garden,
Benefits of the name change include: 1) "Botanical Garden" more appropriately describes the
activities, purposes, and goals of the Garden Center; 2) The Committee plans to apply to the
American Association of Botanical Gardens and Arboreta (AABGA) for membership; and 3) The
term "Garden Center" has attained a commercial connotation with most large home improvement
stores having such centers,
On June 5, 1998 the Community Affairs Committee heard the proposal to rename the Garden Center.
The motion was again approved unanimously, The Community Affairs Committee (Committee), also
voted to recommend that: 1) Article V, Section 39-27 of Chapter 39 of the Miami Beach City Code
be amended to exempt the proposed Garden Center name change from the referendum requirements;
and, 2) a public hearing be set to consider the name change, as required by the City Code,
AGENDA ITEM
R5E.
[-1-98
DATE
On June 17, 1998, the City Commission approved, on first reading, an Ordinance exempting the
proposed name change from the referendum requirement of Subsection 39-27(d), The Ordinance is
now presented for adoption on second and final reading,
ANALYSIS
The Miami Beach City Code at Article V, Section 39-24 through 39-27, provides for the renaming
of existing public facilities within or owned by the City of Miami Beach. The Code establishes the
procedures to be followed by the Mayor and City Commission in the naming of a specified public
facility following approval by the appropriate Committee,
The Bass Museum of Art is currently exempt from the name designation sunset provisions of Code
Section 39-27(e) (attached). The Committee similarly recommends that Code Section 39-27(d) be
amended to exempt the Garden Center from the referendum requirement. A public hearing will also
be held today by the City Commission to consider the name change.
CONCLUSION
,
It is recommended that the Commission adopt the amendment to the Ordinance on second and final
reading, Approval of the Ordinance is recommended by the Community Affairs Committee in order
to exempt the Garden Center from the name designation requirements outlined in Article V, Section
39-27(d) of Chapter 39 of the Miami Beach City Code.
SR~jah
Attachment