2013-3811 Ord ORDINANCE NO. 2013-3811
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY
CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI,
ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF
MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-503,
ENTITLED "NAMING OF PUBLIC FACILITIES," BY ELIMINATING THE
REQUIREMENT OF A REFERENDUM IN SUCH CASES WHEN THE
FACILITY TO BE NAMED OR RENAMED IS CITY OWNED, AND NOT
ALREADY NAMED FOR AN INDIVIDUAL OR INDIVIDUALS PURSUANT
TO SECTION 82-503(x)(4),AND THE PROPOSED NAME INCLUDES THE
NAME OF THE PHYSICAL LOCATION OF THE FACILITY OR THE
FACILITY TO BE NAMED OR RENAMED, WHICH MAY INCLUDE THE
NAME OF THE PARK AND/OR STREET WHERE THE FACILITY IS
LOCATED, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, at its meeting on June 26, 2013, the Neighborhood/Community Affairs
Committee ("NCAC") considered an item concerning the naming of the Flamingo Park
Tennis Center; and
WHEREAS, following a discussion and consideration of the item, the NCAC
recommended that the City Code provisions concerning the naming of public facilities be
amended to provide for the naming of such facilities without the requirement of a
referendum in cases when the facility to be named or renamed, and not already named for
an individual or individuals pursuant to Section 82-503(a)(4), includes the name of the
physical location of facility, which may include the name of the park and/or street where the
facility is located; and
WHEREAS, the Mayor and City Commission wish to accomplish the
recommendation of the NCAC with regard to the naming of public facilities.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENT TO ARTICLE VI OF CHAPTER 82 OF THE CITY CODE
A. That Section 82-503, of Chapter 82 of the Miami Beach City Code is hereby
amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE VI. Naming of Public Facilities and Establishment of Monuments
and Memorials
Sec. 82503. Naming of public facilities
(c) Exterior portion (s) of a public facility or park.
(1) Where an exterior portion(s) of a public facility, or where a park is to be named, the
city commission may only consider a name approved by a majority of the members of the
committee.
(2) Additionally, any name so approved by the city commission must be approved by a
five-sevenths 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. Notwithstanding any other provision of this Article,
the referendum requirements of this section shall not apply where any City owned facility,
not already named for an individual or individuals pursuant to section 82-503 (a) (4), is to
be named or renamed solely for the name of the City, the physical location of the
facility and/or the street where the facility is located, and the function of the facility,or the
current name of the facility.
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.
i
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 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 5. EFFECTIVE DATE
This Ordinance shall take effect on the 21st day of September , 2013.
PASSED AND ADOPTED this 11th day of September , 2013.
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FAATTO\AGUR\RESOS-ORD\Naming of Public Facilities Ordinance(Final 9-18-13).doc
1
OFFICE OF THE CITY ATTORNEY
JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORAL S SECOND READING
PUBLIC HEARING
FROM: JOSE SMITH r
CITY ATTORNE
DATE: September 11, 2013
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 82 OF THE CITY CODE,
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI,
ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT
OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-
503, ENTITLED "NAMING OF PUBLIC FACILITIES," BY ELIMINATING
THE REQUIREMENT OF A REFERENDUM IN SUCH CASES WHEN
THE FACILITY TO BE NAMED OR RENAMED IS CITY OWNED, AND
NOT ALREADY NAMED FOR AN INDIVIDUAL OR INDIVIDUALS
PURSUANT TO SECTION 82-503(a)(4), AND THE PROPOSED NAME
INCLUDES THE NAME OF THE PHYSICAL LOCATION OF THE
FACILITY OR THE FACILITY TO BE NAMED OR RENAMED, WHICH
MAY INCLUDE THE NAME OF THE PARK AND/OR STREET WHERE
THE FACILITY IS LOCATED; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
At its meeting on June 26, 2013, the Neighborhood/Community Affairs Committee
("NCAC") considered an item concerning the naming of the Flamingo Park Tennis Center.
Following a discussion and consideration of the item, the NCAC recommended that the City
Code provisions concerning the naming of public facilities be amended to provide for the
naming of such facilities without the requirement of a referendum in cases when the facility to be
named or renamed, and not already named for an individual or individuals pursuant to Section
82-503(a)(4), includes the name of the physical location of facility, which may include the name
of the park and/or street where the facility is located.
The above-referenced Ordinance was drafted by the City Attorney's Office and was
considered and passed on First Reading by the Mayor and City Commission on July 17, 2013.
JS/DT/sc
F:\ATTO\TURN\COMMMEMO\Amending Chapter 82 Re Naming of Public Facilities- Sept 11 2013.doc
Agenda Item R S F--
Date 9- /13
N% THURSD,4Y,AUGUST 29,2013 1 17NE
MIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of.
Miami Beach,Florida,in the Commission Chambers,aid Floor,City Hall,11 7C Convention Center Drive,Miami Beach,Florida,
on Wednesday,September 11,2013 to consider the following:
10:15 am.
An Ordinance Implementing Provisions Of The 2012-2015 Collective Bargaining Agreement Between The. City And
The Communications Workers Of America,(CWA)Local 3178;implementing Sir filar Retirement Plan Amendments For Members
Who Are Not Included in Any Bargaining Unit;Amending The Miami Beach Employees'Retirement Plan Created By Ordinance
2C0&35C4;Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan(Plan)Program From Three(3)
To Five(5)Years For Eligibie Members;Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And
Amended DROP Plan Features;Amending Section 4.03 By Eliminating.The Purchase Of Additional Creditable Service For Certain
Members;Providing For Severabdiry;Repealing Ali Ordinances In Conflict Therewith;And Providing An Effective Date.
Inquiries may be directed to the Human Resources Department(305)673-7524.
10:30 am..
An Ordinance Amending Ordinance No.789.The Classifled Employees Salary Ordinance Of The City Of Miami Beach,Florida,
As Follows:_Providing For The.Classifications in Group W,Represented.By The Communications Workers Of America(CWA)Local
3178,In Accordance With The Negotiated Collective Bargaining Agreernent,Effective October 1,2012,There Shall Be An Increase
Of Eleven Percent(11%)To The Maximum:Wage For The Classifications Of Lifeguard II And Lifeguard Lieutenant;Effective The
First Pay Period Ending In October Of`2014,There Shall.Be An Across The Board Cost-01-Living.Adjustment(COLA)Of Three
Percent(3%),And The Minimum And Maximum Of Each Pay.Range Will Also Be Increased By Three Percent(34'0);Repealing All
Ordinances In Conflict;Providing For Severability,An Effective Date And Codification.
Inquiries may be directed to the Human Resources Department(305)673-7524.
10:45 am
Minimum Unit Sizes For Historic.Hotels And RM-2 Tower Setbacks
E Ordinance Amending The Land Development Regulations Of The Code Of The Cfty Of Miaml Beach,By Amending Chapter 142,
1 "Zoning Districts And Regulations,"By Amending Article 11,'District Regulations,"By Amending Division 3,"Residential Multifamily
Districts,'By Amending Section"142-155"To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within
The RM-t District;By Amending Section"142-217"To Modify The Requirements For Mktimum Hotel Room Size.For Historic
Hotels Within The RM-2 District,By Amending Section"142-21 S'To Modify The Tower Setback Requirements Within The RM-2
District;By Amending Section"142-246"To Modify The Requirements For Minimum Hotel Room Size For Historic Hotels Within
The RM-3 District
E
Inquiries may be directed to the Planning Department at(305)673-7550.
E
( 11:00'm
i .Ordinance Amending Chapter 90 Of The Miami Beach City Code,Entitled`Solid Waste,"By Amending,Article V,Entitled
"Citywide Recycling Program For Multifamily Residences And Commercial Establishments,"By Amending Section 90-343,Entitled
i 'Public Educati on Program;Requirements For Recycling Contractors;Warning Period;Enforcement Date;"By Extending The
Warning Period From June 3O,2013 To December 31,2013 And Extending The Beginning Of The Enforcement Period From Juy 1,
2013 To January.T,2014;By Amending Section 90-345,Erd tied"Enforcement;"By Extending The Beginning 01 The Enforcement
Period From July 1,2013 To January 1;2014.
inquiries may be directed to the Public Works Department(305)673-7080.
11:15 am.
Ordinance Amending Chapter 90 Of The Miami Beach City Code,Entitled"Solid Waste,"By Amending Section 9C-39 Entitled.
"Fine Schedule For Violations Issued And Applied To Owners,Agents„Tenants,Occupants,Operators Or Managers,Or Persons
Responsible For The Violation;”By Amending The.Fine Schedules For Violations Of Section 90-36 And 9C-96 And Providing For
Consistent Terminology Regarding First And Subsequent Offenses;By Amending Section 9040,Entitled"Fine Schedule For
Violations Of Sections 90-95;90-107;90-191 Et Seq.;90-221 Et Seq.:And 90-228 By Private Waste Contractors,'By Amending
And Providing For Fine Schedules And Violations Consistent With The Provisions In The Referenced Sections And in Sections
913-36,90-99,And 90-100,And Providing For Consistent Terminology Regarding First And Subsequent Offenses;By Amending
Section 90-222,Entitled''IlstOf Accounts,"By Providing Reporting Requirements For Discontinued Accounts Consistent With
Section 90-36.
Inquiries may be directed to the Public Works Department(305)673-7080.
11:30 am.
Ordinance Amending Chapter 82 Of The City Code,Entitled"Public Property,"By Amending Article VI,Entitled"Naming Of Public
Facilities And Establishment Of Monuments Or Memorials,"By Amending Section 82-503,Entitled"Naming Of Public Facilities,"
By Eliminating The Requirement Of A Referendum.in Such Cases When The Facility To Be Named Or Renamed Is City Owned,
f And Not Already Named For An Individual Or individuals Pursuant To Section 82-503(a)(4),And The Proposed Name includes
j The Name Of The Physical Location Of The Facility Or The Facility To Be Named Or Renamed,Which May Include The Name Of
The Park And/Or Street Where The Facility is Located.
( Inquiries may be directed to the City Attorney's Office(305)673-7470:
INTERESTED PARTiES'are Invited to appear at thifs meeting,or be represented by an agent,or to express their views In writing
E addressed to the City Commission,c/o the City Clerk,17CO Convention Center Drive,1st Floor,City Hall,Miami.Beads,
( Florida 33139.Copies of these items are available for public inspection during normal business hags in the City Clerk's Office,
1700 Convention Center Drive,1 st Floor,City Hail,Mlaml Beach,Florida 33139.This meeting or any of the items herein may be
continued,and under such circumstances additional legal notice will not be provided.
Rafael E.Granado,City Clerk
City of Miami Beach
F
Pursuant to Section 286.01 c5,Fla StaL,the.City hereby advises the public that If a person decides to appeal any decision made
by the City Commission with respect to any matter considered 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 by law.
€ To request this material In accessible format,sign language Interpreters,information on access for persons with disabilities and/
I or any accommodation to review any document or participate in any City-sponsored proceeding,please contact us five days in
advance at(305)G73-7411(voice)or TTY users may also call the Florida Relay Service at 711
i
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