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Ordinance 2000-3266 ORDINANCE NO. 2000-3266 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING, IN ITS ENTIRETY, CHAPTER 82 ARTICLE VI OF THE MIAMI BEACH CITY CODE, ENTITLED "NAMING OF PUBLIC FACILITIES AND STREETS", AND REPLACING THE FOREGOING WITH NEW LANGUAGE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS,Article VI, Sections 82-501 through 82-504 of Chapter 82,of the Miami Beach City Code provides for the naming of public facilities and streets and for the re-naming of existing public facilities or streets within or owned by the City of Miami Beach; and WHEREAS, the Community Affairs Committee (Committee) was created by the City Commission on March 18, 1998 and was designated to review and recommend names for public facilities and streets, and approve the establishment of monuments to be located within or owned by the City; and WHEREAS,the foregoing ordinance clarifies the existing provisions of Chapter 82,Article VI, of the Miami Beach City Code regarding the naming of public facilities and streets and the establishment of monuments; particularly with regard to the prohibition, as of the effective date of this ordinance, as to the naming, re-naming, or co-naming of public streets located in the City of Miami Beach after any person or persons, living or deceased. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Chapter 82,Article VI, Sections 82-501 - 82-504, is repealed in its entirety, and replaced with the following new language, as follows: 1 ARTICLE VI. NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF MONUMENTS OR MEMORIALS Sec. 82-501. Generally. No public facility located in or owned by the city shall be named except in accordance with the procedures set forth in this article. (Code 1964, § 39-24) No monument or memorial shall be established within the city except in accordance with the procedures set forth in this article. Effective upon adoption of this article,no street located in the city shall be hereafter named, re-named, or co-named after any person or persons, living or deceased. The Bass Museum of Art shall be exempted from the provisions of this article. 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). 2 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. Sec. 82-503. Naming of Public Facilities. Whenever a name is needed for a new public facility or whenever there is a proposal to rename an existing public facility within or owned by the city,the naming, or renaming, shall first be considered and reviewed by the committee according to the following procedures: (1) Any 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 may propose renaming an existing public facility, at any time by submitting a proposed name in writing to the committee. (2) Within a reasonable time after receipt of the proposal, the committee shall meet to consider and review same for the naming, or renaming, of the public facility. Notice of the meeting shall be given to all persons who have proposed names for the public facility. (3) After reviewing the proposal in accordance with its established selection criteria, the committee shall transmit a written recommendation to the city commission regarding the proposal; the recommendation may also include any alternative names proposed by the committee. (4) Notwithstanding any other provision of this section, public facilities and plazas shall not be named, or renamed,for living persons unless such persons are over 100 years of age unless the naming or renaming is in exchange for a monetary donation pursuant to Section 82-505 herein; however, this provision shall not apply to streets and public facilities named or renamed prior to June 29, 1991. 3 (5) Within a reasonable time after receiving the recommendation from the committee for the naming, or renaming, the city commission shall call a public hearing. (6) Notice of the public hearing regarding the naming or renaming of the public facility, shall be published at least ten (10) days prior to the hearing in a newspaper of general circulation in the city. (b) Interior portion(s) of a public facility, or plaza. (1) Where the interior portion of a public facility, or where a plaza, is to be named, at the close of the public hearing, the city commission may approve the proposed name for, or otherwise rename, the subject interior portion of the public facility,or of the plaza. In selecting the name,the city commission shall be governed by its established selection criteria., however, the name selected need not be one recommended by the committee. (2) Execpt as otherwise provided by law or contract, any name designation established after July 3, 1996, s-; + • -- - '- -. --- - - • -; - -: -- ' - designation datc. Within thc last year of the name dcsignation, thc city ycars,thc cxtcnsion to automatically sunsct at thc expiration of said cxtcnsion period. 1_e) 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. (3) The Miami Beach Garden Center and Conservatory shall be exempt from the referendum requirement of this section. 4 Except as otherwise provided by law or contract, any name designation established after July 3, 1996, shall automatically sunset ten years from its designation date. Within the last year of the name designation, the city ycars,the cxtcnsion to automatically sunset at the expiration of said cxtcnsion Sec. 82-504. Monuments or memorials. Whenever there is a proposal to establish a monument or memorial on public property in the city, it shall first be considered and reviewed by the committee according to the following procedures: (1) Any person, organization,association, corporation or other entity, including a member of the city commission or the administration of the city, may propose the establishment of a monument or memorial at any time by submitting a proposal in writing to the committee. (2) Within a reasonable time after receipt of the proposal, the committee shall meet to consider and review same. Notice of the meeting shall be given to all persons who have proposed the establishment of the monument or memorial. After reviewing the proposal in accordance with its established selection criteria, the committee shall transmit a written recommendation to the city commission regarding same. (4) The city commission may only consider a proposal to establish a monument or memorial that has been approved by a majority of the members of the committee. (5) Within a reasonable time after receiving the recommendation for the establishment of a monument or memorial from the committee, the city commission shall call a public hearing. 5 (6) Notice of a public hearing regarding the establishment of the monument or memorial shall be published at least ten (10) days prior to the hearing in a newspaper of general circulation in the city. (7) At the close of the public hearing, the city commission may approve the establishment of the monument or memorial. In approving the establishment, the commission shall be governed by its established selection criteria. Additionally, any proposal to establish a monument or memorial must be approved by a five-sevenths vote of the city commission. al Upon approval of the establishment of the monument or memorial, the city commission shall forward the proposal to the art in public places committee. The art in public places committee will then make its recommendation to the city commission regarding the location, aesthetic quality, maintenance, and other related issues, in accordance with the its established criteria. Sec. 82-505. Acceptance of monetary donations in consideration for the naming or renaming of public facilities. ) Whenever there is a proposal to name or rename a new or existing public facility, or interior portion of a public facility, within or owned by the city, in consideration for monetary donations, the naming or renaming, shall first be considered and reviewed by the committee according to the following procedures: (1) Any person, organization, association, corporation or other entity, may offer a monetary donation in consideration for naming or renaming a new or existing public facility, or interior portion of a public facility, at any time, by submitting a proposal in writing to the committee. (2) Within a reasonable time after receipt of the proposal, the committee shall meet to consider and review same. Notice of the meeting shall be given to all persons who submitted the proposal. (3) After reviewing the proposal in accordance with its established selection criteria, the committee shall transmit a written recommendation to the city commission regarding the proposal. 6 (4) Within a reasonable time after receiving the proposal from the committee,the city commission shall call a public hearing. (5) Notice of a public hearing regarding the proposal shall be published at least ten(10) days prior to the hearing in a newspaper of general circulation in the city. (6) At the close of the public hearing, the city commission may approve the proposed name. The naming of the interior portion of a public facility, or of a plaza, shall require a simple majority vote of both the committee and the city commission. (7) Where the exterior portion(s) of a public facility, or a park, is to be named, such approval shall require a majority vote of the committee and a five- sevenths vote of the city commission. (8) Public facilities may be named or renamed after an individual, living or deceased, or in honor of a family. (9) A public facility will not be named or renamed after an individual who has committed an illegal act which became known to the city before or after the donation. (10) Referendum requirements shall not apply to this section. (b) 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. 7 SECTION 4. EFFECTIVE DATE This Ordinance shall take effect ten(10) days after its adoption. PASSED and ADOPTED this 27th day of September 2000. AT ST: MAYOR CITY CLERK 1st reading 9/13/00 • 2nd reading 9/27/00 RJA\kw F:\ATTO\AGUR\RESOS\NAMING.ORD APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION dittt. or"ry W511-121 8 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.m lam i-beach.fl.us COMMISSION MEMORANDUM NO.12-C—CO TO: Mayor Neisen O. Kasdin and DATE: September 27,2000 Members of the City Commission FROM: Jorge M.Gonzalez orf— City Manager SECOND READING - PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REPEALING, IN ITS ENTIRETY, CHAPTER 82 ARTICLE VI OF THE MIAMI BEACH CITY CODE, ENTITLED "NAMING OF PUBLIC FACILITIES AND STREETS", AND REPLACING THE FOREGOING WITH NEW LANGUAGE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. RECOMMENDATION Adopt the Ordinance. ANALYSIS At the July 26, 2000 City Commission meeting,the Administration was directed by the Mayor and Commission to amend Chapter 82,Article VI of the City Code entitled"Naming of Public Facilities and Streets" in order to exempt the Bass Museum from the naming requirements, specifically the requirements regarding the receipt of donations in exchange for naming rights. Consequently, this amending Ordinance exempts the Bass Museum of Art from all naming and renaming requirements. Subsequently,at the July 28,2000 Community Affairs Committee meeting,the Committee reviewed the aforesaid Ordinance in its entirety and proposed two further amendments. The first proposed amendment was to repeal all language authorizing the renaming of streets. Currently, the City Code provides language to rename streets located within the City of Miami Beach, however, it was determined that renaming streets is confusing to tourists and residents. Accordingly,the Committee unanimously approved a motion to repeal language renaming streets. (Note:the City Code still permits the renaming of public facilities). The language to co-name streets was repealed by the City Commission in June 17, 1998. Therefore, upon final approval of this Ordinance,no street located within the City of Miami Beach shall be hereafter named, renamed or co-named after any person or persons, living or deceased. AGENDA ITEM D DATE Y - 2:-/-00 Commission Memorandum September 27, 2000 Naming of Public Facilities and Streets Page 2 The Committee has already acknowledged the need to honor and recognize significant individuals, through prior Commission actions, by codifying language to establish monuments, memorials and plaques on Miami Beach. The second proposed amendment refers only to public facilities that are named in exchange for monetary donations. The Committee proposed that in the case of monetary donations only, public facilities can be named and renamed after a living person. Therefore, for monetary donations only, the requirement that the public facility be named after an individual over 100 years old or deceased has been waived. In conclusion,the sunsetting provisions of the Ordinance were also deleted, since any renaming of public facilities would simply follow the criteria of the Ordinance. At the September 13,2000 City Commission meeting,this Ordinance was approved on first reading. It is therefore presented to the Commission today for second and final reading. It is the recommendation of the Community Affairs Committee and the Administration that the City Commission adopt this Ordinance amending Chapter 82,Article VI of the City Code to: (1) exempt the Bass Museum of Art from the provisions of the Article; (2) repeal the existing language regarding naming and renaming streets after individuals; and, (3) waive the requirement that public facilities can only be named after individuals 100 years of age or deceased, in cases where donations are provided in exchange for the naming. JMG/ /lc T:\AGENDA\2000\SEP2700\REGULAR\PUB-FAC.JHp co U N M N W � N N c O U � L7U .� " rs, z E z CZ 0 C � � z