2008-3620 OrdinanceORDINANCE NO. 2008-3620
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY QF MIAMI BEACH, FLORIDA,
AMENDING ARTICLE VI OF THE CITY CODE, ENTITLED
"NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT
OF MONUMENTS OR MEMORIALS;" AMENDING
SECTION 82-501(c) THEREOF, ENTITLED "GENERALLY;"
AMENDING SECTION 82-502 THEREOF, ENTITLED
"DEFINITIONS;" AND AMENDING SECTION 82-503
THEREOF, ENTITLED "NAMING OF PUBLIC
FACILITIES;" SAID AMENDMENTS PROVIDING AND
ESTABLISHING CRITERIA FOR THE CO-NAMING OF
STREETS IN THE CITY OF MIAMI BEACH IN HONOR OF
MIAMI BEACH POLICE OFFICERS WHO DIED OR WERE
KILLED IN THE LINE OF DUTY; AND PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, in an effort to honor City of Miami Beach Police Officers who have made the
ultimate sacrifice and service to the City of Miami Beach, and who have been killed or died in the
line of duty, the Mayor and City Commission find that it is in the public interest to amend the City's
procedures for naming of public facilities and establishment of monuments and memorials, as
codified in Sections 82-501 through 82-505, of the City Code, to provide for the co-naming of City
streets in memory of the service and sacrifice of these officers.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Chapter 82, Article VI, Sections 82-501(c), 82-502, and 82-503, respectively, are
amended as follows:
****
Sec. 82-501. Generally.
(a) No public facility located in or owned by the city shall be named except in accordance with
the procedures set forth in this article.
(b) No monument or memorial shall be established within the city except in accordance with the
procedures set forth in this article.
(c) Effective upon adoption of this article, no street located in the city shall be hereafter named,
renamed, or co-named after any person or persons, living or deceased, except as provided in
Section 82-503(d) hereof. The Bass Museum of Art, the city-owned building, located at 2200
Liberty Avenue, Miami Beach, Florida (the Miami City Ballet Building), and the city-owned
cultural facility referred to as the "Jackie Gleason Theater of the Performing Arts," located at
1700 Washington Avenue, Miami Beach, Florida, shall be exempt from the provisions of this
article, as hereinafter provided: The Miami City Ballet Building shall only be exempt for so
long as:
(1) Said building is occupied, operated and maintained by Miami City Ballet, Inc., anot-
for-profit corporation;
(2) The building is used as the principal headquarters, administrative offices, and studio
and teaching facilities of the Miami City Ballet; and
(3) Miami City Ballet, Inc., remains in good standing and free from defaults under that
certain lease agreement for the Miami City Ballet Building between the city, as
landlord, and Miami City Ballet, Inc., as tenant.
The exemption for the Miami City Ballet Building shall automatically terminate upon the earlier of
the expiration or other termination of the aforestated lease agreement between the parties.
Ord. No. 2000-3266, § 1, 9-27-00; Ord. No. 2006-3507, § 1, 3-8-06; Ord. No. 2007-3562, § 1, 6-6-
07)
Sec. 82-502. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Committee means the community affairs committee created by the city commission on March 18,
1998, or any other such committee designated by the city commission to review and recommend
names for public facilities and approve the establishment of monuments or memorials to be located
within or owned by the city.
Memorial means a site, art work or structure created to preserve the memory of a significant event(s)
or person(s).
Monument means a bust, sculpture, or similar structure, erected in honor of a significant event(s) or
person(s).
Plaza means an open public square.
Public facility means any public building, plaza or park owned by the city.
Street means that area of a public right-of-wadproved, designed, and ordinarily used for vehicular
traffic and/or parking including, without limitation, avenues, roads, drives, lanes, boulevards, courts,
and alleypurposes of this article, streets shall only be intended to include City-owned streets,
and not State-owned and/or controlled streets.
(Ord. No. 2000-3266, § 1, 9-27-00)
Sec. 82-503. Naming of public facilities/Co-naming of street.
****
Co-naming of streets.
Streets located in the city may be co-named in honor of Miami Beach police officers
who died or were killed in the line of duty.
Whenever a request and/or proposal is made to co-name a street after a Miami Beach
police officer who died or was killed in the line of duty, the co-naming shall first be
considered and reviewed by the committee according to the following procedures:
Anyperson, organization, association, corporation or other entity, including a
member of the ci , may_propose that a street be co-named in honor of a
Miami Beach police officer who died or was killed in the line of duty by
submitting the proposal and/or request in writing to the committee. At a
minimum, such proposal and/or request shall include the following (i) the
name of the officer; (ii) the street to be co-named; and (iii) the reason for the
request and a factual summary including the date and circumstances under
which the officer died or was killed in the line of duty.
Within a reasonable time after receipt of the proposal and/or request, the
committee shall meet to consider and review same. Notice of the meeting
shall be liven to the person and/or organization that made the request and/or
submitted the proposal.
After reviewing the proposal and/or request, the committee shall transmit a
written recommendation to the city commission regarding the proposal and/or
request; the recommendation may also include any alternative proposals by
the committee.
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 10 days prior
to the hearing in a newspaper of general circulation in the city.
At the close of the public hearing, the city commission may approve the
proposal and/or request.' Any proposal and/or request to co-name a street
pursuant to this subsection 82-503(d) must be approved by afive-sevenths
vote of the city commission.
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 part of the Code of
the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
2008-3620
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other
appropriate word.
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, 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.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the 15th day of November 2008.
PASSED and ADOPTED this 5th day of November ~ 2008.
ATTEST:
MA OR
Matti Herrera Bower
U/L IMJ~'~--
CITY CLERK Robert Parcher
F:\atto\AGUR\RESOS-ORD\Naming and co-naming of Public Facilities -Ordinance (Fina19-29-08).doc
APPROVED AS TO
FORM 8~ ~N,GUAGE
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending Article Vi Of The
City Code, Entitled "Naming Of Public Facilities And Establishment Of Monuments Or Memorials;" Amending Section
82-501 (C) Thereof, Entitled "Generally"; Amending Section 82-502 Thereof, Entitled "Definitions"; And Amending
Section 82-503 Thereof, Entitled "Naming Of Public Facilities' ;Said Amendments Providing And Establishing Criteria
For The Co-Naming Of Streets In The City Of Miami Beach In Honor Of Miami Beach Police Officers Who Died Or
Were Killed In The Line Of Duty; And Providing For Codification, Repealer, Severability, And An Effective Date..
Key Intended Outcome Supported:
N/A
Supporting Data (Surveys, Environmental Scan, etc N/A
Issue:
Should the City Commission adopt the ordinance on second reading?.
Item summary~rcecommenaation:
Second Reading, Public Hearing -Since 1928, seven Miami Beach Police Department Officers have been killed
or died in the line of duty. In an effort to honor these police officers who made the ultimate sacrifice in service to
the City of Miami Beach, it is recommended that the below listed fallen officer's names be added to the designated
streets in the City of Miami Beach. These streets are the locations where these officers met their demise:
Police Officer Year Died Street
Officer David Cecil Bearden 1928 Collins Avenue at 22nd Street
Officer William Nichols 1936 Fountain Street at MacArthur Causeway
Sergeant Robert Boyle 1936 15th Street at Washington Avenue
Officer Donald Bernard Kramer 1984 6th Street at Washington Court
Officer John Carroll Koppin 1984 East Palm Midway at North Hibiscus Drive
Officer Robert Edward Fitzpatrick 1985 1St Street at Meridian Avenue
On June 30, 1988, Miami Beach Police Officer Scott Rakow was killed in the line of duty while conducting a narcotics
investigation which emanated in the City of Miami Beach and ended with his death in the area of NE 83rd Street and
9th Avenue in the City of Miami. To honor Officer Rakow's violent death, the City of Miami added Officer Rakow's
name to the 83rd Street sign. The renaming or adding of names of police officers and military service personnel who
have died or killed in the line of duty is a common practice in many cities across the country as a means to
memorialize their service and sacrifice. As a result, it is befitting for the City of Miami Beach to pay tribute to these six
officers by adding their names to the designated street signs and show recognition. In an effort to facilitate the
addition of the names to the street signs, City staff will work with counterparts from Miami-Dade County Public Works
and Florida Department of Transportation.
Adviso Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
Ci Clerk's Office Le islative Trackin
Manager Michael Gruen, Planning and Research Office
Sian-Offs:
Department Director I Assistant City Manager
Carlos Noriega, Chief
T:\AGENDA\2008\November 5\Regular\Monument Memorial Summary 2nd Rdg.doc
m MIAMIBEACH
City Manager
AGENDA. ITEfIA ~ 5~
DATE ~~ - s a ~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manage
DATE: November 5, 2008 SECOND READING
PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING ARTICLE VI OF THE CITY CODE,
ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF
MONUMENTS OR MEMORIALS;" AMENDING SECTION 82-501(c) THEREOF,
ENTITLED "GENERALLY"; AMENDING SECTION 82-502 THEREOF,
ENTITLED "DEFINITIONS"; AND AMENDING SECTION 82-503 THEREOF,
ENTITLED "NAMING OF PUBLIC FACILITIES"; SAID AMENDMENTS
PROVIDING AND ESTABLISHING CRITERIA FOR THE CO-NAMING OF
STREETS IN THE CITY OF MIAMI BEACH IN HONOR OF MIAMI BEACH
POLICE OFFICERS WHO DIED OR WERE KILLED IN THE LINE OF DUTY;
AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the above ordinance on second reading.
ANALYSIS:
Since 1928, seven Miami Beach Police Department Officers have been killed or died in the
line of duty. In an effort to honor these police officers who made the ultimate sacrifice in
service to the City of Miami Beach, it is recommended that the below listed fallen officer's
names be added to the designated streets in the City of Miami Beach. These streets are the
locations where these officers met their demise:
Police Officer Year Died
Officer David Cecil Bearden 1928
Officer William Nichols 1936
Sergeant Robert Boyle 1936
Officer Donald Bernard Kramer 1984
Officer John Carroll Koppin 1984
Officer Robert Edward Fitzpatrick 1985
Street
Collins Avenue at 22nd Street
Fountain Street at MacArthur Causeway
15th Street at Washington Avenue
6th Street at Washington Court
East Palm Midway at North Hibiscus Drive
1St Street at Meridian Avenue
On June 30, 1988, Miami Beach Police Officer Scott Rakow was killed in the line of duty
while conducting a narcotics investigation which emanated in the City of Miami Beach and
ended with his death in the area of NE 83rd Street and 9th Avenue in the City of Miami. To
honor Officer Rakow's violent death, the City of Miami added Officer Rakow's name to the
Commission Memo
Page2of2
83rd Street sign. The renaming or adding of names of police officers and military service
personnel who have died or killed in the line of duty is a common practice in many cities
across the country as a means to memorialize their service and sacrifice. As a result, it is
befitting for the City of Miami Beach to pay tribute to these six officers by adding their names
to the designated street signs and show recognition. In an effort to facilitate the addition of
the na es to the street signs, City staff will work with counterparts from Miami-Dade County
Public~(VoXks~and,Florida Department of Transportation.
JMG/CN/RAM/IVIG
T:WGENDA\2008\November 5\Regular\Monuments Or Memorials Commission Memo Snd Rdg.doc
m MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City
Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City HalI,1700
Convention Center Drive, Miami Beach, Florida, on Wednesday, November 5, 2008, to consider the
following:
1:15 p.m.
An Ordinance AmendingArticle VI Of The City Code, Entitled "Naming Of Public Facilities And Establishment
Of Monuments Or Memorials;" Amending Section 82-501(c) Thereof, Entitled "Generally; "Amending
Section 82-502 Thereof, Entitled "Definitions;"And Amending Section 82-503 Thereof, Entitled "Naming
Of Public Facilities;" Said Amendments Providing And Establishing Criteria For The Co-Naming Of Streets
In The City Of Miami Beach In Honor Of Miami Beach Police Officers Who Died Or Were Killed In The Line
Of Duty.
Inquiries may be directed to the Police Department at (305) 673-7925.
1:20 p.m.
An Ordinance Amending Chapter 18 Of The Miami Beach Ciiy Code Entitled "Businesses," By Amending
Article XV Thereof, Entitled "Street Pertormers And Art Vendors On Lincoln Road Arid Ocean Drive," By
Amending Section 18-901 Entitled "Definitions"; ByAmending Section 18-902, EnUUed "Intent OfArticle,"
To Add Collins Avenue, Washington Avenue And The City's Beachwalks To The List Of Locations Where
The Provisions Of Article XV Apply; By Creating Section 18-903, To Be Entitled "Artist Vendor Certificate
Required," To Provide Application Requirements, Procedures, Fees, And Regulations For Artist Vendor
CerUUcates For All Artist Vendors In The City And Amending And Renumbering Sections 18-903 Through
18-911 Accordingly; By Amending Section 18-904, Entitled "Permit Application," To Include Collins
Avenue, Washington Avenue, And The City's Beachwalks As Locations In The City Where Permits Are
Required And Amending Permit Requirements; By Amending Section 18-905 Entitled "Permit Regulations
And Prohibitions" To Amend The Provisions Relative To Zone Locations And The Regulations Relative To
Artist Vendors And Street Pertormers; By Amending Section 18-908, Entitled "Disclaimer, Display And
Expiration," To Amend The Provisions Relative To Artist Vendor Certificates And Permits; By Amending
Section 18-909 Entitled "Enforcement, Suspensipn/Revocation Of'Permit;" By Creating Section 18-912,
To Be Entitled "No Permit Or Certificate; Penalty," To Provide Penalties f-or Angst Vendors'And Street
Performers WdhoutA Permit Or Certficate.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
INTERESTED PARTIES are invited to appear at this meeting, or be represented ¢y an agent, at i:R express
their views in writing addressed to the City Commission, c% the City Clerk, 1700 Cppveptior~ Center
Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances ~r~_39~dable for
public inspection during normal business hours in the City Clerk's Office, 1700 Conventldh Center Drive,
1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such
circumstances addftional legal notice would not be provided.
Robert E. ParcheG City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stet., the City hereby advises the public that: if a persoo-decides to
appeal any decision made by the City Commission with respect to any matter cbnsidered at its meeting
or its hearing, such person must ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otherwise allowed bylaw.
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To request this material in accessible format, sign language interpreters, information on access far
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