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2016-4057 Ordinance ORDINANCE NO. 2016-4057 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) TO PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO-NAMING OF STREETS, PROVIDING SUNSET PROVISIONS THEREFOR, AND CORRECTING MINOR SCRIVENER'S ERRORS IN SUBSECTIONS (C)(1) AND (C)(2); PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, under existing criteria in Section 82-503 of the City Code, City streets may only be co-named in honor Miami Beach police officers who died or were killed in the line of duty; and WHEREAS, at the June 8, 2016 City Commission meeting, agenda discussion item R9T was referred to the Neighborhood/Community Affairs Committee for it to consider the co-naming of Convention Center Drive as Muhammad Ali Drive and the creation of a statue of Muhammad Ali to be placed either in the new Miami Beach Convention Center Park or the renovated Convention Center; and WHEREAS, at its meeting on July 15, 2016, the Neighborhood/Community Affairs Committee unanimously recommended in favor of co-naming Convention Center Drive as Muhammad Ali Drive, new City Code criteria that would allow for the co- naming, and a six month sunset provision for the new criteria; and WHEREAS, in order to co-name a City street in honor of Muhammad Ali, a world-renowned sports champion with sports career associations with City facilities or other structures that are of historical value or significance to the City of Miami Beach, the adoption of the limited, additional co-naming criteria set forth herein is required; and WHEREAS, to address minor scrivener's errors in subsection (c) of Section 82- 503 of the City Code, the additional amendments set forth therein should also be adopted. 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; Of (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 persons who achieved international acclaim as a world champion in a sport and whose sports career associations with city facilities or other structures are of historical value or significance to the city. The provisions in this subsection 82- 503(c)(1)a-(a) shall not apply to streets named or co-named prior to June 21, 2014. The provisions in subsections 82-503(c)(1)(a)(vi) and (c)(2)(a)(7) shall automatically sunset on May 1, 2017. b. Notwithstanding the provisions in subsection 82-503(c)(1)a-(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)19,1121 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 2 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)Laj(i), a factual summary including the date and circumstances under which the officer died or was killed in the line of duty; and 5. If the proposed co-naming is requested pursuant to subsection 82- 503(c)(1)i(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(c)(1)(a)(vi), a factual summary confirming the world champion status and sports career of the person and the associations of the person's sports career with city facilities or other structures that are of historical value or significance to the city. 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 3 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. 4 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the /9 day of il0lrhkr 2016. PASSED AND ADOPTED this 7 day of )706/e17;, r , 2016. AK/ Philip Levine, Li ATTEST: fir' 4111 I u i/44i; /5,��i APPROVED AS TO Ra .;el E. .nado, City Clerk y ORM & LANGUAGE Ors""' & EXECUTION FOR EXECUTI O ORA1�` ) i I Underline denotes additions ; :i'N�ORP -- •:, ) 1" �b{I( l( �0 Wig#denotes deletions >;!h .;,c6 Ci ttorney Date NCH 2 .A (Sponsored by Mayor Philip Levine) F:\ATTO\TURN\ORDINANC\Co-naming Streets.2.docx 5 Ordinances - R5 H MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: November 9, 2016 10:35 a.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) TO PROVIDE ADDITIONAL CRITERIA AND PROCEDURES FOR THE CO-NAMING OF STREETS, PROVIDING SUNSET PROVISIONS THEREFOR, AND CORRECTING MINOR SCRIVENER'S ERRORS IN SUBSECTIONS (C)(1) AND (C)(2); PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission approve the attached Ordinance on Second Reading. ANALYSIS At the July 15, 2016 Neighborhood/Community Affairs Committee (NCAC) meeting, the Committee discussed the potential co-naming of Convention Center Drive as Muhammad Ali Way.At the meeting, staff presented the current criteria in the City Code under which streets can be co-named. Current criteria for co-naming streets, or portions thereof, located in the City include: (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; or (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 Page 349 of 906 Additionally, staff explained that, pursuant to County Code, any street co-naming approved by the City Commission would require a County Commissioner to sponsor the item for approval by the Miami-Dade Board of County Commissioners prior to the co-naming taking effect. Fabrication and installation of new street name signs reflecting the co-naming would also be required at the City's cost. The NCAC, through a vote of acclamation, recommended that staff prepare a code amendment, including a six (6) month sunset provision for amendments to the criteria in the City Code regarding the co-naming of streets, and moved the co-naming of Convention Center Drive to the City Commission for approval. PROPOSED ORDINANCE Pursuant to the NCAC recommendation and subject to City Commission approval, the proposed ordinance amendment provides for streets, or portions thereof, to be co-named in honor of deceased persons who achieved international acclaim as a world champion in a sport and whose sports career associations with city facilities or other structures are of historical value or significance to the city. Additionally, the proposed ordinance amendment adds a requirement that if the proposed co-naming is requested pursuant to subsection 82-503(c)(1)(a)(vi), a factual summary confirming the world champion status and sports career of the person and the associations of the person's sports career with city facilities or other structures that are of historical value or significance to the city shall be submitted for consideration as part of the co-naming request. Lastly, the proposed ordinance amendment provides for a six(6) month sunset provision. KEY INTENDED OUTCOMES SUPPORTED Maximize The Miami Beach Brand As A World Class Destination FINANCIAL INFORMATION This proposed Ordinance Amendment is not anticipated to have a fiscal impact in an of itself. Should the City Commission approve this Ordinance Amendment, a subsequent City Commission Resolution would be required for the co-naming of Convention Center Drive as Muhammad Ali Way. That Resolution, once approved by the Miami-Dade Board of County Commissioners, would have a fiscal impact of approximately $1,200 consisting of the costs of fabricating and installing the new internally-illuminated co-naming street name signs along Convention Center Drive at Dade Boulevard and 17th Street, as well as the new static co- naming,street name signs at 18th Street and 19th Street. Legislative Tracking Transportation Sponsor Mayor Philip Levine ATTACHMENTS: Page 350 of 906