97-22450 RESO
RESOLUTION NO.
97-22450
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
INTERPRETING PROVISIONS OF ARTICLE V ENTITLED
"NAMING OF PUBLIC FACILITIES AND STREETS", OF
CHAPTER 39 OF THE MIAMI BEACH CITY CODE
ENTITLED "STREETS, SIDEWALKS AND PUBLIC
FACILITIES", TO ALLOW FOR THE "CO-NAMING" OR
"SUB-NAMING" OF PUBLIC FACILITIES AND MAIN
STREETS ABSENT REFERENDUM.
WHEREAS, Article V, Sections 39-24 through 39-37 of Chapter 39 of the Miami BI~a( h
City Code provides for the "naming" of new public facilities and streets, and for the "renamin~;" c ,f
existing public facilities or streets within or owned by the City of Miami Beach; and
WHEREAS, on February 20, 1996 the Miami Beach City Commission passed and adoptl; d
Resolution No. 96-21897, interpreting City Code Section 39-26 so as to not prohibit the "co-namin! "
or "sub-naming" of a street or public facility after a living person under 100 years of age; and
WHEREAS, City Code Section 39-27 establishes the procedures to be followed by the Cil y
Commission in the "naming" of a specified public facility or main street, with subsectiom: (;.)
through (c) thereof providing for a public hearing prior to the City Commission's name selec1 iOI l,
and with subsection (d) of Code Section 39-27 requiring additional procedures, includiI1 g
referendum, prior to the "naming" of certain public facilities or a main street; and
WHEREAS, City Code Section 39-27 is otherwise silent with regard to the" co-nam Uf "
or "sub-naming" of a public facility or main street; and
WHEREAS, the Mayor and City commission interpret the provisions of Code Section 3~ -
27(d) as not prohibiting the "co-naming" or "sub-naming" of a public facility or main street withOl t
adhering to the procedures set forth within said Code Section, and therefore such a "co-naming" ( r
"sub-naming" is allowed without referendum.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClT"
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and Cit /
Commission hereby find and detelmine that the provisions of Chapter 39 entitled "Streets, Sidewalks
and Public Facilities" and Article V thereof entitled "Naming of Public Facilities and Streets" do ll( ,t
prohibit the "co-naming" or "sub-naming" of a public facility or main street without adhering tc th~
procedures established in City Code Section 39-27(d), and that therefore such a "co-naming" (r
"sub-naming" is allowed by the City Code without referendum.
PASSED and ADOPTED this ~ day of July
, 1997.
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CITY CLERK
--1
MAYOR
ATTEST:
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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OFFICE OF THE CITY A TIORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
T elecopy:
(.~O)) 673-7470
(30.;) 673-7002
COMMISSION MEMORANDUM NO. ~l
DATE: MAY 21,1997
TO:
MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCIA DR A
SUBJECT:
MURRAY H. DUBBI~ A1
CITY ATTORNEY jVV\
RESOLUTION INTERPRETING CITY CODE ~39-27(d): "CO-NAMING'
OR "SUB-NAMING" OF CERTAIN PUBLIC FACILITIES OR A Ml"IN
STREET EXEMPT FROM REFERENDUM
FROM:
On February 20, 1996, the City Commission passed its Resolution No. 96-21897 to interpn t
provisions of Chapter 39 of the City Code to allow for the "co-naming" or "sub-naming" ofstr:::e1;
and public facilities for persons under 100 years of age.
The attached resolution interprets provisions of City Code Section 39-27( d), which Sec:io 1
establishes additional procedures (including referendum) in the naming of specified public facilitie;
or a main street -- the interpretation clarifies that these particular procedural steps need no: b.~
adhered to in the "co-naming" or "sub-naming" of a specified public facility or main street.
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Agenda Item-1'~~
Date -, -'2.:.5tL-
1700 Convention Center Drive - Fourth Floor - Miami Beach, Florida 33139