Ordinance 96-3046 ORDINANCE NO. 96-3046
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
MIAMI BEACH CITY CODE CHAPTER 39, ARTICLE V
THEREOF ENTITLED "NAMING OF PUBLIC FACILITIES
AND STREETS" AMENDING CITY CODE SECTION 39-27
BY PROVIDING THAT EXCEPT AS OTHERWISE PROVIDED
BY LAW OR CONTRACT ANY NAME DESIGNATED AFTER
ADOPTION DATE OF THIS ORDINANCE SHALL
AUTOMATICALLY SUNSET TEN (10) YEARS FROM
DESIGNATION DATE, FURTHER PROVIDING THAT CITY
COMMISSION MAY EXTEND DESIGNATION FOR ONE
ADDITIONAL PERIOD OF TEN (10) YEARS, AND
SPECIFICALLY EXEMPTING THE BASS MUSEUM OF ART
FROM THE SUNSET PROVISIONS OF THIS AMENDMENT;
PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
SECTION 1.
That Section 39-27 of Miami Beach City Code Chapter 39,
Article V thereof entitled "Naming of Public Facilities and
Streets" is hereby amended to read as follows :
Sec. 39-27 Public Hearing; selection of name by City
Commission; referendum; sunsetting of name
designation.
(a) Within a reasonable time after receiving the
recommendation for a naming or renaming from the committee, the
city commission shall call a public hearing.
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(b) Notice of a public hearing regarding the naming or
renaming of a public facility or street shall be published at least
ten days prior to the hearing in a newspaper of general circulation
in the City of Miami Beach.
(c) At the close of the public hearing the city commission
may select a name for or rename the subject public facility or
street . In selecting the name, the commission shall be governed by
its established selection criteria; however, the name selected need
not be one recommended by the committee .
(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 Rules and Events
Committee . Additionally, any name so selected by the city
commission must be approved by a 5/7th' s 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.
(e) Except as otherwise provided by law or contract any name
designation established after the adoption date of this Ordinance
shall automatically sunset ten (10) years from its designation
date . Within the last year of name designation, the Miami Beach
City Commission may extend said designation for one additional
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period of ten (10) years, said extension to automatically sunset at
the expiration of said ten (10) year period. The Bass Museum of
Art shall be exempt from the name designation sunset provisions 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, 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 .
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SECTION 5 . AN EFFECTIVE DATE
This Ordinance shall become effective ten (10) days after
passage .
PASSED and ADOPTED this 3rd day of July , 1996 .
ATTEST: L4ii.lIiiIr
_
MAYOR
(R0 LAA.A`
CITY CLERK
(Ordinance amended on first reading.)
1st reading 6/19/96
2nd reading 7/3/96
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FORM APPROVED
LEGAL EPT.
By
Date
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OFFICE OF THE CITY ATTORNEY
64 If 01"‘/Aw.m Wead
F L O R I D A
MURRAY H. DUBBIN MCO
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�`,,. Telephone: (305) 673-7470
City Attorney " Telecopy: (305) 673-7002
COMMISSION MEMORANDUM NO.39, -96
DATE: JULY 3, 1996
TO: MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCIA-PEDROSA
FROM: MURRAY H. DUBBIN
CITY ATTORNEY
SUBJECT: AMENDMENT TO CITY CODE SECTION 39-27 SUNSETTING "NAMES
OF PUBLIC FACILITIES AND STREETS": AUTOMATIC SUNSETTING
OF NAMED DESIGNATION.
At the request of City Manager Jose Garcia-Pedrosa the attached Ordinance has been drafted
amending Miami Beach City Code Section 39-27 entitled "Naming of Public Facilities and Streets"
so as to provide for the automatic sunsetting of name designations -- except as otherwise provided
by law or contract named designations created after the adoption date of this Ordinance shall
automatically sunset ten(10)years from designation date, and providing further that within the last
year of named designation the City Commission may extend the designation for one additional
period of ten(10)years, said extension to automatically sunset at the expiration of said ten(10)year
period. The Bass Museum of Art is exempt from the sunset provisions of this amendment.
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Agenda Item
Date 7- 3- N.
1700 Convention Center Drive— Four Ploor— Miami Beach, Florida 33139
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