Ordinance 98-3128 •
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 CONSERVATORY 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 Rules and Events 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 5. EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its adoption.
PASSED and ADOPTED this 1st day of July , 1998.
ATTEST: MAYOR
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APPROVED AS TO
1st reading 6/17/98 FORM & LANGUAGE
2nd reading 7/1/98 & FOR EXECUTION
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17Attomey Date
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ARTICLE V. NAMING OF PUBLIC FACILITIES AND STREETS
S
Sec. 39-24 . General .
Sec. 39-25 . Definitions .
Sec. 39-26 . Review and recennendation by Ccnnittee.
Sec . 39-27 . Public heari
nc and marling by City Ccnnissicn.
Section 39-24 . General
After the effective date o= th4s Ordinance, no public facility
or street located in or owned by the City of Miami Beach shall be
named or renamed except in accordance with the procedures set
forth
in this Article .
Sec. 39-25 Definitions .
(a) City Commission. The cover ing bcdy of the City of Miami
Beach, Florida.
(b) Committee.
The Rules and Special Events v is Cormittee
created by the City. commissi ., ,
on on January 22, 1986 or any other
such committee designated cnated by the city commission to review and
recommend names for public facilities and streets located within or
owned by the City of Miami Beach.
r
•(c) Mai: Street. One c f the following roadways located in t� o
City of Miami Beach
MacArthur Causeway - 5 t
Street, Venetian
Causeway, Dade Boule-ra=d
41st Str_er 71st Street, Normandy Dri•,
Collins Avenue, Washington �
Ave::u�, Indian Creek Drive,-, ---d _rev
Drive, Alton Road, i --
, Linco Road and Ocean Drive .
(d) Plaza . -,
a - open public square .
(e) Public facility. Any public building, plaza or park
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owned by the City of Miami Beach.
Sec . 39-26. Review"� and recc==endatio n committee.
' The committee shall establish selection criteria which, when
approved by the
city commission, shall Govern its name selection
process .
Whenever a name is needed for a new public facility or Street
or whenever there is a proposal to rename e an
existing public
facility or street
withinr
° owned by the City of Miami
Beach, said
r_a^i_nc or renaming -
shall first be considered and reviewed by the
committee designated by th- city commission_ according to the
foil owing procedures
(a) Amy 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 street or may propose renaming an existing public
-� � is
facility or street at any time by submitting a procosed name to the
committee .
(b) Within a reasonable time after re-ect of said proposal
a_
the cccr,,;,ittee '
shall meet
to corsde: and r-74 -w proposals _ _=
to
ramir_c or renaming of J
said cublic fac=illy or street . Notice of
the meeting shall be S4ve.7"1 to all pe_SC7s Cr entities ic- h s
proposed names for t.= DL:blic =aC;1it�
i Cr street under
construction.
(c) After review•
=nc the proposal in accordance With the
established selection criteria the committee shall transmit
a
written recommendation to the city commission recardinc the
proposal; the recommendation may also include any names proposed by
the committee.
(d) Notwithstandir_c any other provision of this ordinance,
streets and public facilities shall not be named for livir_c
persons, unless such persons are over one hundred (100) years of
ace; provided, however, that th4s Provision s.all not apply
- - to
streets and public facilities named or renamed prior to the
effective date of
this ordinance ,e 29, 1991 .
Sec . 39-27 •
Public Eearing; selection cf na.=e by
Cc=raissien; referenda;
(a) Within.
a rea
sor_able ti-:e a=t`_ th-
r'eCORtCRendatiOn for
a r_am_nc or r enamnc f-
-m t== cocr,:=-tee, the
city commission shall call a P ublic hearinc.
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- (b) Notice of a public hearing oc �r_ arnc the n_amin
di1c Or
renaming of a public facility-
acility or street shall be published at least
ten days prior to the
hearinc ___ a newspaper cf ceneral circulation
in the City of Miami Beach.
(c) At the close of the public hearin_c the city commissiC
may select a name for or re s,o
na,m.e t _ subject public facility
street . In sel or-r; a the name the commission shall be covers
- by
its established selection criteria; however, the name
need
not be one recommended
by the e 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. Additional •
ly, any name so selected by the city
7t h' s vote
commission must be approved by a 5 .
/ and must be submitted
to the: electorate
of the City by referendum at the next recularly
scheduled election. The name selection shall be approved by a
majority of the electorate votinc in
(e) Except ash
of er i e pr id
sprovided by law or contract any
name
ces_c-anion established aft --t the adoption date of
this Ordinance
shall automatically sunset ten (10) ye_.-- from
-' -- its desk-alio_^.
date . Within the _
last year o; name designation, the Miami Bead.
City Commission may extend said desicnation for cne additional
period-of ten (10) years, said extension- to automatically sunset at
the e:cpiratior, of said ten (10) year
period. The Bass Museum of Amt
shall be exempt from the name desic;:ation sunset provisions of thi
s
subsection.
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http:\\ci.miami-beach.A.ua
COMMISSION MEMORANDUM NO.43Y
TO: Mayor Neisen O.Kasdin and DATE:July 1, 1998
Members of the City Com 'ission
FROM: Sergio Rodriguez
City Manager g
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.
ADMINISTRATION 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 R a
DATE -7- 1-9E3
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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.
SRjah
Attachment
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