Ordinance 2018-4209ORDINANCE NO. 2018 -4209
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE VI, ENTITLED "NAMING OF
PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR
MEMORIALS," BY AMENDING SECTION 82 -503 THEREOF,
ENTITLED "NAMING OF PUBLIC FACILITIES; CO- NAMING AND
RE- NAMING OF STREETS," BY AMENDING SUBSECTIONS
(C)(1)(A) AND (C)(2)(A) THEREOF TO PROVIDE ADDITIONAL
CRITERIA AND PROCEDURES FOR THE CO- NAMING OF
STREETS, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That section 82 -503 of Article VI of Chapter 82 of the Code of the City of
Miami Beach is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
Article VI. Naming of Public Facilities and Establishment of
Monuments or Memorials
Sec. 82 -503. Naming of public facilities; co- naming and renaming of streets.
(c) Co- naming /renaming of streets or portions thereof.
(1) a. Streets, or portions thereof, located in the city may be co- named in honor
of:
(i) Miami Beach police officers who died or were killed in the line of
duty;
(ii) A public facility located on the street to be co- named;
(iii) Private not - for - profit organizations with significant historic value to
the city and associated with 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;
(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; or
(vi)
Deceased person who served as the spiritual leader of a
prominent religious institution in the City of Miami Beach for 35 or
more years and resided in the City of Miami Beach.
The provisions in this subsection 82- 503(c)(1)a., shall not apply to streets
named or co -named prior to June 21, 2014. The provisions in subsection
82- 503(c)(1)a.(vi) and (c)(2)a.7.7 shall automatically sunset on May —1-;
July 1, 2019.
b. Notwithstanding the provisions in subsection 82- 503(c)(1)a., the following
streets, or portions thereof, shall not be co -named or renamed: 5th Street,
41st Street, 71st Street, Collins Avenue, Washington Avenue, Alton Road,
and Ocean Drive. The provisions in this subsection 82- 503(c)(1)b., shall
not apply to streets, or portions thereof, that are co -named or renamed
prior to December 27, 2014.
(2) Whenever a request is made to co- naming shall first be considered and
reviewed by the committee according to the following procedures:
a. Any person, organization, association, corporation or other entity,
including a member of the city, may propose that a street be co- named,
by submitting the request in writing to the committee. At a minimum,
such request shall include the following:
1. The street, or portion thereof, to be co- named; and
2. The proposed co -name of the street, or portion thereof; and
3. The reason for the request; and
4. If the proposed co- naming is requested pursuant to subsection 82-
503(c)(1)a.(i), a factual summary including the date and
circumstances under which the officer died or was killed in the line of
duty; and
2
5. If the proposed co- naming is requested pursuant to subsection 82-
503(c)(1)a.(iii), a factual 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)a.(v), a factual summary confirming the commercial
establishment's contribution to the city; and
7. If the proposed co- naming is requested pursuant to subsection 82-
503(a))(1)a.(vi), a factual summary confirming the
status of the person
as a spiritual leader of a prominent religious institution in the City of
Miami Beach for 35 or more ears and that the •erson resided in the
City of Miami Beach.
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.
c. After reviewing the request, the committee shall transmit its
recommendation to the city commission regarding the request. The
committee's recommendation requires a simple majority vote.
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 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
request. Any request to co -name a street or portion thereof pursuant to
this subsection 82- 503(c) must be approved by a 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 shall be removed from the street sign. In 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 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)
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 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. 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 part of the Miami Beach City Code. 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 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of /) l , 2018.
PASSED AND ADOPTED this 25 day o
•
:T. lbr,•.
ORATED
ATTEST:
Rafa -I E. Granad , City Clerk
Underline denotes additions .#4111144,1 . >
Strikcthrough denotes deletions �
Double underline denotes additions at First Reading
denotes deletions at First Reading
(Sponsored by Commissioner Michael Gongora)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\ATTO \TURN \ORDINANCE \Co - naming Ordinance Religious Institution Leader 2nd Reading..docx
4
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Attorney ,. City y ,
MIAM
BEACH
Ordinances - R5 J
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 25, 2018
1:50 p.m. Second Reading Public Hearing
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY
OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI,
ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF
MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82 -503 THEREOF,
ENTITLED "NAMING OF PUBLIC FACILITIES; CO- NAMING AND RE- NAMING OF
STREETS," BY AMENDING SUBSECTIONS (C)(1)(A) AND (C)(2)(A) THEREOF TO
PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO- NAMING
OF STREETS, PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
RECOMMENDATION
Approve the Ordinance.
BACKGROUND
Pursuant to the request of Commissioner Michael Gongora, an item was referred to the
Neighborhood /Community Affairs Committee (NCAC) at the April 11, 2018 City Commission meeting. The
item concerns the potential co- naming of a street in North Beach for Rabbi Mayer Abramowitz. Rabbi
Abramowitz was the spiritual leader of Temple Menorah for 45 years. The referral to NCAC included a
discussion of an amendment to Section 82- 503(c) of the City Code which would be required in order to allow
for this potential co- naming of a City street.
At the May 22, 2018 NCAC meeting, the Committee recommended that the City Code be amended to allow
for this purpose. The proposed attached Ordinance would amend the City Code to allow City streets to be co-
named for a deceased person who served as the spiritual leader of a prominent religious institution in the City
of Miami Beach for 35 or more years.
First Reading of this Ordinance occurred at the June 6, 2018 City Commission meeting. At the meeting, the
City Commission requested that an amendment be made to the proposed Ordinance to include a sunset
provision of July 1, 2019. In addition, the City Commission requested that language be included requiring that
the diseased spiritual leader have resided in Miami Beach to be considered under this Ordinance.
ANALYSIS
In order to co -name a City street in honor of Rabbi Mayer Abramowitz, a spiritual leader in the Miami Beach
community for 45 years, the adoption of the limited, additional co- naming criteria set forth in the proposed
Code Amendment is required.
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Should the City Commission adopt the proposed Ordinance amendment, a Resolution of the City Commission
recommending the co- naming of a street in North Beach for Rabbi Abramowitz would be required. If the co-
naming is approved by 5 /7ths vote of the City Commission, a copy of the Resolution of the City Commission
recommending the co- designation of a street in North Beach for Rabbi Abramowitz would need to be
submitted to the County for approval by the Miami -Dade Board of County Commissioners and authorized for
new street name signs to be manufactured and installed at the City's cost. If the street to be co -named is a
State Road under the jurisdiction of the Florida Department of Transportation, the co- designation will require
approval from the State Legislature in addition to Miami -Dade County Board of County Commissioners
approval.
CONCLUSION
Approving this ordinance is the first step in co- naming a City street in honor of Rabbi Mayer
Abramowitz.
FINANCIAL INFORMATION
This proposed Ordinance Amendment is not anticipated to have a fiscal impact in and of itself. Should the City
Commission approve this Ordinance Amendment, a subsequent City Commission Resolution would be required
for the co- naming of a street in North Beach for Rabbi Abramowitz. That Resolution, once approved by the
Miami -Dade Board of County Commissioners, would have a fiscal impact consisting of the costs of fabricating
and installing the new co- naming street name signs on the street to be selected by the City Commission. The
final cost will depend on whether the new street name signs will be internally illuminated street name signs
(installed on traffic signal mast arms) or static signs installed on poles,
Legislative Tracking
Transportation
Sponsor
Commissioner Michael Gongora and Co- sponsored by Vice -Mayor Mark Samuelian
ATTACHMENTS:
Description
a Ordinance
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