96-21897 RESO
RESOLUTION NO.
96-21897
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, INTERPRETING PROVISIONS OF
ARTICLE V, ENTITLED "NAMING OF PUBLIC FACILITIES AND
STREETS", OF CHAPTER 39 OF THE MIAMI BEACH CITY CODE
ENTITLED "STREETS, SIDEWALKS AND PUBLIC FACILITIES", TO
ALLOW FOR THE CO-NAMING OF STREETS AND PUBLIC FACILITIES
FOR PERSONS UNDER ONE HUNDRED (100) YEARS OF AGE.
WHEREAS, Article V, Sections 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 "re-naming" of
existing public facilities or streets within or owned by the City of Miami Beach; and
WHEREAS, on June 21, 1995, the Miami Beach City Commission passed and adopted
Ordinance No. 95-2998 amending Code Section 39-26(d) to provide an exception to the prohibition
against naming streets and public facilities for living persons to allow for the naming such streets
and facilities for living persons who are over one hundred (100) years of age; and
WHEREAS, the prohibition contained in Code Section 39-26 deals only with naming or
renaming streets and public facilities, but does not address co-naming or sub-naming a street or
public facility; and
WHEREAS, the Mayor and City Commission interpret the provisions of Section 39-26 as
not prohibiting the" co-naming" or "sub-naming" of a street or public facility after a living person
under one hundred (100) years of age and that therefore such a "co-naming" or "sub-naming" is
allowed.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby find and determine that the provisions of Chapter 39 entitled "Streets, Sidewalks
and Public Facilities" and Article V thereof entitled "Naming of Public Facilities and Streets" do not
prohibit the" co-naming" of City streets and public facilities for persons under one hundred (100)
years of age and that therefore such "co-naming" is allowed by the Code.
PASSED and ADOPTED this 20th day of February
,1996.
--Ro~t ~
MAYOR
ATTEST:
CITY CLERK
DJT:kw
c :wpwin60\resos \namestrt, res
FORM APPROVED
LEGAL DEPT.
By 1II1f1&~
Date '~ I rj~6>
2
OFFICE OF THE CITY ATTORNEY
'&~ tfJldom; 7/eoM
F
L
o
R
o
A
MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. ~ 1 - q ~
DATE: FEBRUARY 20, 1996
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
FROM: MURRAY DUBBIN 11 J J r 1\ .If) I. jJ --~
CITY ATTORNEY 'l/I1 ~~ .
JOSE GARCIA-PEDROSA j,;
CITY MANAGER I{ !
SUBJECT: RESOLUTION PROVIDING LEGISLATIVE INTERPRETATION AS TO
ARTICLE V, ENTITLED "NAMING OF PUBLIC FACILITIES AND
STREETS", OF CHAPTER 39 OF THE MIAMI BEACH CITY CODE
Section 39-26 of the City Code provides that in order to "name" a new public facility or street
or to "rename" an existing public facility or street after an individual, said individual must be over
one hundred (100) years of age. Further, where a public facility, other than a plaza or any interior
portion of a public facility, or a main street is to be named, the name must be a) approved by a
majority of the members of the Rules and Special Events Committee, b) approved by a five/seven
City Commission vote, and c) submitted to and approved by a majority of the electorate voting in
a referendum.
The attached Resolution is submitted in response to an inquiry from Mayor Seymour Gelber
regarding the co-naming of streets in honor of individuals. Under current City Code provisions, the
"co-naming" of streets and public facilities is not specifically addressed. In order to clarify the intent
and interpretation to be given to Section 39-26 of the City Code with respect to the naming of public
streets, the attached Resolution provides an interpretation and finding that streets and public facilities
may be "co-named" after individuals who are less than one hundred (100) years of age.
DATE
Rl~
2-'20-Qb
AGENDA
DJT:kw ITEM
c:wpwin60\resos\namestrt.mem
1700 Convention Center Drive - FourtlLEloor - Miami Be