Ordinance 2020-4324 ORDINANCE NO. 2020-4324
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 82-501 THEREOF, ENTITLED "GENERALLY," TO
PROVIDE FOR CERTAIN EXEMPTIONS FROM THE REQUIREMENTS
OF THE ORDINANCE; AND BY AMENDING SECTION 82-503 THEREOF,
ENTITLED "NAMING OF PUBLIC FACILITIES; CO-NAMING AND RE-
NAMING OF STREETS," BY AMENDING SUBSECTION (A) THEREOF,
TO EXEMPT THE NAMING OR RE-NAMING OF CERTAIN SPECIFIED
CITY-OWNED PUBLIC FACILITIES FROM THE VOTER REFERENDUM
REQUIREMENT OF SECTION 82-503(6) OF THE CITY CODE, PROVIDED
THAT SUCH NAMING OR RE-NAMING IS FOR A LIMITED TERM OF
YEARS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, the City's ordinance for the naming of public facilities, as set forth in
Section 82-503 of the City Code (the "Naming Ordinance"), includes a robust public input
process for the review and approval of the naming or re-naming of the exterior of most
City-owned public facilities, including parks; and
WHEREAS, in addition to a public hearing requirement, review by the
Neighborhoods/Community Affairs Committee, and approval by a 5/7ths vote of the City
Commission, the Naming Ordinance currently requires voter referendum approval for the
exterior naming or re-naming of most City-owned public facilities and parks; and
WHEREAS, although the City's Naming Ordinance contemplated the permanent
naming of public facilities, in perpetuity, many naming rights opportunities, particularly as
part of sponsorship deals for performance or entertainment venues, are increasingly
common for a limited term of years, and such sponsorships may yield substantial
additional revenues for the owner of the public facility; and
WHEREAS, the Administration anticipates that a consultant will be engaged to
assist the City in identifying sponsorship opportunities, including naming rights, by
January or February, 2020; and
WHEREAS, the voter referendum requirement in the City's Naming Ordinance will
likely discourage many prospective naming rights sponsors, who may not consider it
worthwhile to proceed with a public referendum process for a naming rights opportunity •
for a limited term of years; and
WHEREAS, accordingly, the Mayor and City Commission desire to amend the
City's Naming Ordinance to exempt certain specified City facilities from the referendum
requirements of the City's Naming Ordinance, but only where the proposed naming or re-
naming is for a limited term of twenty (20) years or less, including option periods.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That section 82-501 through 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. 82-501. 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.
2
(b) No monument or memorial shall be established within the city except in
accordance with the procedures set forth in this article.
(c) • _ ' - _ __ _ _ _ _ •_ _ - e _ _ _ . e - __ _, nNo street located in
the city shall be hereafter named, renamed, or co-named, except as provided in
Section 82-503(c), hereof. The Bass—Museum of Art; the city owned building,
Theater of the Performing Arts," located at 1700 Washington Avenue, Miami
Beach, Florida, shall be exempt from the provisions of this article, as hereinafter
. . ". e • - 1 , e - • „ ' •••
0 - „ r. - - -
2000 Convention Center Drive; and the ground level, exterior portions-ef-thecc
- \ . - . . e e . .e _ - - - • 1
•
• - - • •- - - ••• ea• •• •-
. . . • - _
A - • - -
(d) Exemptions: Subject to the conditions set forth herein, the following city-owned
properties shall be exempt from the provisions of this article: The Bass Museum
2100 Collins Avenue; Miami City Ballet, 2200 Liberty Avenue; The Fillmore Miami
Beach at the Jackie Gleason Theater, 1700 Washington Avenue; Miami Beach
Botanical Garden, 2000 Convention Center Drive; New World Symphony (NWS)
complex, including, without limitation, the NWS building located at 500 17th Street,
Soundscape Park, 400 17th Street, and the Pennsylvania Avenue Garage, 1661
Pennsylvania Avenue; and any city-owned property that is subject to a lease
having a term, including option periods, of at least fifty (50) years or more,
including, without limitation, the Miami Beach Marina and the Miami Beach
Convention Center headquarter hotel, provided, however, that the exemption for
any such city-owned property shall automatically terminate upon the earlier of the
expiration or termination of the lease.
(1) The Miami City Ballet Building shall only be exempt for so long as: (i) said
building is occupied, operated and maintained by Miami City Ballet, Inc., a
not-for-profit corporation; (ii) the building is used as the principal
headquarters, administrative offices, and studio and teaching facilities of the
Miami City Ballet; and (iii) Miami City Ballet, Inc., remains in good standing
and free from defaults under that-carte-in-its then-existing lease agreement
3
for the Miami City Ballet Building between the city, as landlord, and Miami
City Ballet, Inc., as tenant (the Miami City Ballet lease). The exemption for
the Miami City Ballet building shall automatically terminate upon the earlier
of the expiration or other termination of the lease between the Miami City
Ballet, Inc. and the city.
-- • e - - • - -
for so long as:
- - 0 _ " r
• .
(2) The NWS complex leased premiscs shall only be exempt from the
provisions of this article for so long as: (i) All of the NWS leased premi es
(including the NWS building and all of the tenant improvements) remain
leased, , operated, and maintained by New World Symphony
Inc., a not-for-profit corporation; (ii) the NWS building is continuously used
as the principal headquarters, administrative offices, and performance
facilities of the NWS, and the other tenant improvements are continuously
used for their original purpose(s) under the NWS's then-existing lease with
the city; and (iii) NWS remains in good standing and free from defaults
under the NWS lease, • - . - - . . • - • . - - - ••- - . - •• - - - - - • - , e
et, _ - . , - • - - - - ••- - and any
other agreements between the city and NWS, whether in existence as of
the effective date of this article, or as may be subsequently entered into.
The exemption for the NWS complex shall automatically terminate upon the
earlier of the expiration or other termination of the lease between the New
World Symphony, Inc. and the city. and
(3) Notwithstanding the exemption provided herein for the NWS complex, any
name(s) proposed for all or any portion of 'the NWS complex leased
premi shall be subject to the following conditions:
(i) All names shall be subject to the prior written consent of the city,
which shall not be unreasonably withheld, conditioned or delayed;
(ii) No name shall be permitted which includes the name of any
company selling the following types of products: guns, tobacco, or
sexual products;
(iii) There shall be no naming after an individual who has been convicted
of a felony;
4
(iv) No name shall be permitted to remain beyond term of the NWS lease
agreement, unless expressly approved by city; and
(v) Notwithstanding conditions (i) through (iv) above, NWS shall be
entitled to keep naming rights revenues; provided it dedicates and
utilizes such revenues exclusively for the maintenance,
management, and/or operation of the NWS building and/or tenant
improvements;
The Miami Beach Botanical Garden shall only be exempt from the
provisions of this article for as long as: (i)the Miami Beach Botanical Garden
is occupied, operated and maintained by the Miami Beach Garden
Conservancy, a not-for-profit corporation; (ii) the Miami Beach Botanical
Garden remains free and open to the general public; and (iii) the Miami
Beach Garden Conservancy remains in good standing and free from
defaults under that certain its then-existing management agreement
between the city and the Miami Beach Garden Conservancy, dated July 1,
2007. The exemption for the Miami Beach Garden Conservancy shall
automatically terminate upon the earlier of the expiration or termination of
the then-existing aforestated management agreement between the city and
the Miami Beach Garden Conservancy.
- - - - .
and the NWS lease. The exemption for the ADMSP Sculpture Park shall
automatically tcrminatc upon the earlicr of the expiration or other
management agreement
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 neighborhood and quality of life committee (NQLC)
----------------- - ------ ----------------- -------- -- ----
Ne2002•45446, or any other such committee designated by the city commission to
review and recommend names for public facilities and the co-naming of streets, and
approve the establishment of monuments or memorials to be located within or owned by
the city.
5
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).
Public facility means any public building or park owned by the city.
Street means that area of a public right-of-way improved, designed, and ordinarily
used for vehicular traffic and/or parking including, without limitation, avenues, roads,
drives, lanes, boulevards, courts, and alleys. For purposes of this article, streets shall only
be intended to include city-owned streets, and not state- or county-owned and/or
controlled streets.
Sec. 82-503. Naming of public facilities; co-naming and renaming of streets.
(a) Naming of an exterior portion of a public facility (including naming of a park).
Whenever a name is needed for a new public facility, or whenever there is a
request 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 the proposed name in
writing (the proposal) to the committee.
(2) Within a reasonable time after receipt of the proposal, the committee shall
meet to consider and review the naming, or renaming, of the public facility.,
including, without limitation, the monetary and other terms and conditions
related to the naming proposal, and the proposed uses for the funds to be
generated thereby, if any. Notice of the meeting shall be given to all persons
who proposed the name, or rename, for the public facility.
(3) After reviewing the proposal, the committee shall transmit its
recommendation to the city commission regarding the proposal.
(4) Within a reasonable time after receiving the recommendation from the
committee on the proposal for the naming or renaming, the city commission
shall call a public hearing.
(5) 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.
6 '
(6) Except as provided in subsection (8), Any any proposed naming, or
renaming., of a_public facility approved by the city commission must be
approved by a 5/7ths vote, and must also be submitted to the electorate of ,
the city by referendum at the next regularly scheduled election. The name
shall be approved by a majority of the electorate voting in the referendum.
(7) _ • - _ _ _ _ _ • _ _ •_ _ - _ :Public facilities shall
not be named, or renamed, for living persons, unless such persons are over
100 years of age; or, for living persons under 100 years of age, unless the
naming or renaming is (i) approved by a majority of the members of the
committee; (ii) approved by the city commission by a 5/7 the vote; and (iii)
submitted to the electorate of the city by referendum at the next regularly
scheduled election and approved by a majority of the electorate voting in
such referendum. - _ , - _ _ _ _ _ _ _ _ _ _ _ _ - -
named or renamed prior to June 29, 1991.
(8) Notwithstanding any other provision of this section, tThe referendum
requirements of this section shall not apply to (i) where a public facility that
is to be named or renamed solely for the name of the city, the geographic
area or physical location of the facility and/or the street or portion of the
street where the facility is located, the function of the facility, or the current
name of the facility; and (ii) the following public facilities, provided that the
proposed naming or re-naming is for a term of twenty (20) years or less,
including option periods:
DI Miami Beach Convention Center, 1901 Convention Center Drive;
ii Colony Theater, 1040 Lincoln Road;
(iii) 10th Street Auditorium/Welcome Center, 1001 Ocean Drive;
(iv) Historic City Hall, 1130 Washington Avenue;
(v) 1701 Meridian Avenue;
(vi) North Beach Bandshell, 7275 Collins Avenue;
(vii) Byron Carlyle Theater, 500 71 Street;
(viii) City-owned and operated parking garages;
(ix) Adaptive Recreation Center, 5601 Collins Avenue (to be
constructed); and
72nd Street Civic Complex, 263-299 72nd Street (to be constructed).
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
7
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 as day of SG>rtkary , 2019.
PASSED AND ADOPTED this 15 day of JG>7uCry , 2019.
ATTEST:
MI Dan elber, Mayor
27 f 2crLe
Rafael E. Gran do, City Clerk
Underline denotes additions
Stf+kethce-ugh denotes deletions
denotes deletions at Second Reading
Double Underline denotes additions at Second Reading
(Sponsored by Commissioner Mark Samuelian) APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
.°1 e . (t 4 l''91°'111
'� � A,' < a CityAttomey n `^0 Date
r ;
`e , , ����/! .l
-7,,/ sJ1 t
Com,
8
8
Ordinances-R5 C
M1AMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: January 15,2020
S 10:15 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 82-501 THEREOF, ENTITLED "GENERALLY," TO
PROVIDE FOR CERTAIN EXEMPTIONS FROM THE REQUIREMENTS OF
THE ORDINANCE; AND BY AMENDING SECTION 82-503 THEREOF,
ENTITLED "NAMING OF PUBLIC FACILITIES; CO-NAMING AND RE-
NAMING OF STREETS," BY AMENDING SUBSECTION (A) THEREOF, TO
EXEMPT THE NAMING OR RE-NAMING OF CERTAIN SPECIFIED CITY-
OWNED
ITYOWNED PUBLIC FACILITIES FROM THE VOTER REFERENDUM
REQUIREMENT OF SECTION 82-503(6) OF THE CITY CODE, PROVIDED
THAT SUCH NAMING OR RE-NAMING IS FOR A LIMITED TERM OF
YEARS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
BACKGROUND/HISTORY
The City's ordinance for the naming of public facilities, as set forth in Section 82-501 through
82-503 of the City Code (the "Naming Ordinance"), includes a robust public input process for
the review and approval of the naming or re-naming of the exterior of most City-owned public
facilities, including parks. In addition to a public hearing requirement, review by the
Neighborhoods/Community Affairs Committee, and approval by a 5/7ths vote of the City
Commission, the Naming Ordinance currently requires voter referendum approval for the
exterior naming or re-naming of most City-owned public facilities and parks.
Although the City's Naming Ordinance contemplated that a referendum would be required for
the permanent naming of a public facility, i.e., in perpetuity, many naming rights opportunities,
particularly as part of sponsorship deals for performance or entertainment venues, are
increasingly negotiated for a limited term of years. Such sponsorships may yield substantial
additional revenues for the benefit of the City.
Accordingly, the proposed amendments to the City's Naming Ordinance, sponsored by
Commissioner Samuelian, are intended to complement and facilitate the City Commission's
Page 835 of 1618
ongoing efforts to identify additional revenue sources through potential corporate sponsorships,
by streamlining the approval requirements for term-limited naming rights at certain City
facilities, i.e., facilities such as event rental facilities or entertainment venues, which lend
themselves to corporate sponsorship opportunities.
On October 17, 2018, the Mayor and City Commission adopted Resolution No. 2018-30577,
accepting the recommendation of the Finance and Citywide Projects Committee at its
September 14, 2018 meeting, and directing the Administration to identify alternative revenue
streams and issue a competitive solicitation for corporate sponsorships, including specifically
naming rights for the Miami Beach Convention Center.
On July 31, 2019, the Mayor and City Commission adopted Resolution No. 20:19-30916, and
authorized dual negotiations for the selection of a corporate sponsorship marketing consultant,
to assist the City in identifying potential sponsorship and naming rights deals. It is anticipated
that the final selection of the City's corporate sponsorship consultant will be made at the
January, 2020 City Commission meeting.
On December 11, 2019, the Mayor and City Commission approved the ordinance on first
reading. A discussion of the changes since first reading are set forth below.
ANALYSIS
At the July 31, 2019 City Commission meeting, as part of the discussion of the selection of the
City's sponsorship consultant, the City Attorney explained that the requirement for a referendum
of the exterior naming of City facilities was established by the City Commission and codified in
Section 82-503 of the City Code. The referendum requirement for naming of public
facilities is not a City Charter requirement. Accordingly, the approval process for the
naming of City facilities may be determined by the City Commission, and the current
requirements may be revised via an amendment to Chapter 82 of the City Code.
Prior to 2014, pursuant to Section 82-505 of the City Code, naming rights involving monetary
terms were exempted altogether from the referendum requirements of the Naming Ordinance
for all city public facilities. This exemption, however, was eliminated by the City Commission in
June, 2014, as Section 82-505 was deleted via Ordinance No. 2014-3875.
THE PROPOSED ORDINANCE AMENDMENTS
The proposed amendment to the Naming Ordinance accomplishes the following:
1- Eliminates the existing exemption in Section 82-501 for the "Altos del Mar Sculpture Park,"
as this project never came to fruition and does not exist, and restates the existing exemptions
for the remaining facilities that have always been exempt from the Naming Ordinance
(specifically, the Bass Museum, the New World Symphony, the Miami City Ballet building, the
Miami Beach Botanical Garden, and the Fillmore at the Jackie Gleason).
2- Creates an exemption from the Naming Ordinance in Section 82-501 for the naming of city-
owned properties that are subject to long-term leases in excess of fifty (50) years pursuant to
public-private partnerships, such as the long-term ground lease for the Miami Beach Convention
headquarter hotel, or the City's long-term_ground leases for commercial projects such as The
Lincoln(1691 Michigan Avenue)or Lincoln Place (1601 Washington Avenue).
3- Provides an exemption from the referendum requirement for naming rights having a term of
Page 836 of 1618
less than 20 years (including renewal periods), for certain listed City facilities that lend
themselves to corporate sponsorship opportunities (i.e., entertainment venues, rental facilities,
and facilities that involve commercial activities), namely:
i. Miami Beach Convention Center, 1901 Convention Center Drive;
ii. Colony Theater, 1040 Lincoln Road;
iii. 10th Street Auditorium/Welcome Center, 1001 Ocean Drive;
iv. Historic City Hall, 1130 Washington Avenue;
v. 1701 Meridian Avenue;
vi. North Beach Bandshell, 7275 Collins Avenue;
vii. Byron Carlyle Theater, 500 71 Street;
viii. City-owned and operated parking garages; s'
ix.Adaptive Recreation Center, 5601 Collins Avenue (to be constructed); and
x. 72nd Street Civic Complex, 263-299 72nd Street(to be constructed)
4- Preserves the referendum requirement for the naming of any City park, or for naming rights
for all City facilities if the term of the naming rights deal exceeds twenty (20) years, and
otherwise leaves intact the City Commission approval requirement for naming, including review
by the NCAC Committee and approval by a 5/7ths vote of the City Commission following a duly
advertised public hearing, including City Commission review and approval of all of the monetary
and other terms of a proposed naming.
The foregoing amendments are intended to complement the City's efforts to identify corporate
sponsorships and generate substantial additional revenue for the City, particularly for a naming
rights deal for the Miami Beach Convention Center. For a naming rights deal for a term of years,
the referendum requirement creates a very high barrier to entry, and prospective corporate
sponsors will likely be unwilling to go through the time and expense (not to mention the risk), of a
public referendum process, simply to enter into a sponsorship arrangement. For these reasons,
the proposed ordinance amendment exempts term-limited naming rights deals for certain public
facilities from the referendum requirement, while still maintaining a high standard of public
engagement for the review and approval of all naming rights granted by the City.
DISCUSSION AT FIRST READING AND CHANGES TO THE PROPOSED ORDINANCE
On December 11, 2019, the Mayor and City Commission approved the proposed ordinance on
first reading.
At first reading, Commissioner Steinberg expressed a concern that the new exemption
language did not appear to require a monetary contribution, and only exempted certain facilities
for any naming of less than twenty years or less. The new language in Subsection(8), however,
is only intended to provide the mechanism for the exemption for listed facilities. The
substantive terms and conditions of every single naming proposal, including the
monetary terms thereof, must be vetted through the approval process previously
outlined in the Naming Ordinance, including review by the Neighborhood and Quality
of Life Committee and approval by a 517ths vote of the City Commission, following a
public hearing. For the avoidance of doubt, new language has been added to Section 83-
502(a)(2) to ensure that the monetary terms for any naming proposal are reviewed by the City
Commission as part of the approval process, including consideration of the proposed uses of
any funds to be generated thereby.
Page 837 of 1618
In addition, at first reading, Commissioner Richardson asked how the Administration identified
the list of public facilities that would be exempted in subsection (8). The proposed list was
generated by focusing on the facilities that lend themselves to sponsorship
opportunities, such as the City's entertainment venues, rental facilities, or venues with
commercial operations. The proposed list excludes parks and recreation facilities (such as the
beloved Scott Rakow Youth Center, by way of example), in an effort to keep parks and
recreation facilities as "green" as possible, and visually free of corporate
sponsorship/advertising. In addition, the proposed ordinance preserves the referendum
requirement for all of the facilities listed in subsection (8) if the proposed term of the naming
exceeds 20 years, to ensure that the public retains the right to weigh in on naming rights deals
that are either permanent or involve a longer term of years. Ultimately, however, the inclusion or
exclusion of the facilities listed in subsection'(8) of the proposed ordinance is a determination
for the City Commission to make, at second reading, at its discretion.
FINANCIAL INFORMATION
Pursuant to Section 2-12 of the City Code, the proposed Naming Ordinance would not result in
an increase in expenditures of the City in this fiscal year, or in the next fiscal year.The Naming
Ordinance would not, in and of itself, result in increased revenues to the City, as every proposal
for naming, and the monetary terms thereof, will be subject to separate review and approval by
the Neighborhood and Quality of Life Committee, and by a 5/7ths vote of the City Commission,
following a public hearing.
Applicable Area
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
Yes No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Mark Samuelian
ATTACHMENTS:
Description
o Second Reading Ordinance
Page 838 of 1618