Ordinance 2021-4424 ORDINANCE NO. 2021-4424
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 IN HONOR OF
A DECEASED HISTORICAL FIGURE WHO WAS INSTRUMENTAL IN
HELPING LATIN AMERICAN COUNTRIES ACHIEVE
INDEPENDENCE FROM THE SPANISH EMPIRE; PROVIDING
SUNSET PROVISIONS THEREFOR; 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 of(1) Miami Beach police officers who died or were killed
in the line of duty; (2) a public facility located on the street to be co-named; (3) 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; (4) geographic areas within the city; (5) 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 (6) deceased person who served as the spiritual leader of
a prominent religious institution in the City of Miami Beach for 35 or more years and
resided in the City of Miami Beach; and
WHEREAS, at the March 17, 2021 City Commission meeting, at the request of
Vice Mayor Michael Gongora, an agenda discussion item was referred to the
Neighborhood and Quality of Life Committee ("NQLC") for it to consider the co-naming a
public street in Honor of SimOn Bolivar, a Venezuelan military and political leader who
was instrumental in helping Latin American countries achieve independence from the
Spanish Empire; and
WHEREAS, Bolivar is viewed as a national icon in much of modern South
America, and is considered one of the great heroes of the Hispanic independence
movements of the early 19th century; and
WHEREAS, during his lifetime, Bolivar became known as "El Libertador" through
helping countries such as Venezuela, Colombia, Ecuador, Peru and Bolivia all achieve
independence; and
WHEREAS, the City's Hispanic Affairs Committee supported this proposal and
recommended to co-name 22nd Street after Simon Bolivar due to its proximity to Simon
Bolivar's bust in Collins Park, at the Bass Museum between Collins Avenue and 21st
Street in Miami Beach, or alternatively, some undefined location in North Beach; and
WHEREAS, co-naming 22"d Street after SimOn Bolivar would be especially fitting
considering that the 21St Street between Washington Avenue and Collins Avenue has
already been named after José Marti, a Cuban national hero and an important figure in
Latin American literature; and
WHEREAS, at its April 28, 2021 meeting, the NQLC reviewed the proposal, and
without making a recommendation on the merits, directed for this proposal to be fully
considered by the City Commission at first reading; and
WHEREAS, in order to co-name a City street in honor of a historical figure who
was instrumental in helping Latin American countries achieve independence from the
Spanish Empire, the adoption of the limited, additional co-naming criteria set forth
herein is required.
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:
1. Miami Beach police officers who died or were killed in the line of duty;
2. A public facility located on the street to be co-named;
3. 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;
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4. Geographic areas within the city;
5. 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
6. Deceased person who served as the spiritual leader of a prominent
religious institution in the City of Miami Beach for 35 or more years and
resided in the City of Miami Beach.
7. Deceased persons who are known for their role as a gay-rights pioneer
and as one of the first openly LGBTQ people ever elected to public
office in the U.S.
8. Deceased historical figure who was instrumental in helping Latin
American countries achieve independence from the Spanish Empire.
The provisions in this subsection 82-503(c)(1)a., shall not apply to streets
named or co-named prior to June 21, 2014. The provisions in subsection
82-503(c)(1)a.6. and (c)(2)a.7. shall automatically sunset on July 1, 2019.
The provisions in subsection 82-503(c)(1)a.7. and (c)(2)a.8. shall
automatically sunset on May 1, 2022. The provisions in subsection 82-
503(c)(1)a.8. and (c)(2)a.9. shall automatically sunset on July 1, 2022.
b. Notwithstanding the provisions in subsection 82-503(c)(1)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)b., 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:
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)a..1., 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)a.3., a factual summary confirming the significant historic
value of the private not-for-profit organization, and the associated
structure, to the city; and
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6. If the proposed co-naming is requested pursuant to subsection 82-
503(c)(1)a.5., 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.6., a factual summary confirming the status of the person as
a spiritual leader of a prominent religious institution in the City of Miami
Beach for 35 or more years and that the person resided in the City of
Miami Beach.
8. If the proposed co-naming is requested pursuant to subsection 82-
503(c)(1)a.7., a factual summary confirming the status of the person as
a gay-rights pioneer and one of the first openly LGBTQ people ever
elected to public office in the U.S.
9. If the proposed co-naming is requested pursuant to subsection 82-
503(c)(1)a.8., a factual summary confirming the status of the person as
a deceased historical figure who was instrumental in helping Latin
American countries achieve independence from the Spanish Empire.
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 this
subsection 82-503(c) must be approved by a 5/7ths 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-
4
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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 3 day of u(� , 2021.
PASSED AND ADOPTED this 02.9 day of 7"m 2 , 20 1.
Dan Gelber, Mayor
ATTEST:
60A0crti S4.>.‘
Raf el E. ranado, City Clerk i.i�!coRFoRarEo
46
Underline denotes additions APPROVED AS TO
Wig# denotes deletions FORM & LANGUAGE
& FOR EXECUTION
(Sponsored by Vice Mayor Michael Gongora)
6 --
City Attorney \( Date
5
Ordinances =R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael Paz,Acting City Attorney
DATE: June 23, 2021
10:30 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 IN HONOR OF A DECEASED HISTORICAL FIGURE WHO WAS
INSTRUMENTAL IN HELPING LATIN AMERICAN COUNTRIES ACHIEVE
INDEPENDENCE FROM THE SPANISH EMPIRE; PROVIDING SUNSET
PROVISIONS THEREFOR; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
ANALYSIS
See attached Commission Memorandum.
SUPPORTING SURVEY DATA
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Vice-Mayor Michael Gongora
ATTACHMENTS:
Page 568 of 1884
Description
❑ Commission Memorandum
❑ Ordinance
Page 569 of 1884
I
� I , :j\A BEACH
OFFICE OF THE CITY ATTORNEY
RAFAEL PAZ,ACTING CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR DAN GELBER
MEMBERS OF THE CITY COMMISSION SECOND READING
ALINA T. HUDAK, CITY MANAGER
FROM: RAFAEL PAZ,ACTING CITY ATTORNEY
DATE: JUNE 23, 2021
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 IN HONOR OF
A DECEASED HISTORICAL FIGURE WHO WAS INSTRUMENTAL IN
HELPING LATIN AMERICAN COUNTRIES ACHIEVE
INDEPENDENCE FROM THE SPANISH EMPIRE; PROVIDING
SUNSET PROVISIONS THEREFOR; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Vice-Mayor Michael Gongora,the above-referenced Ordinance
is submitted on Second Reading for consideration by the Mayor and City Commission at
the June 23, 2021 City Commission meeting.
Under existing criteria in Section 82-503 of the City Code, City streets may only be co-
named of(1) Miami Beach police officers who died or were killed in the line of duty; (2) a
public facility located on the street to be co-named; (3) 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; (4) geographic areas
within the city; (5) 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 (6) deceased person who served as the spiritual leader of a prominent religious
institution in the City of Miami Beach for 35 or more years and resided in the City of Miami
Beach.
Page 570 of 1884
1
I
Commission Memorandum
June 23,2021 Page 2 of 2
At the March 17, 2021 City Commission meeting, at the request of Vice-Mayor Michael
G6ngora, an agenda discussion item was referred to the Neighborhood and Quality of
Life Committee ("NQLC") for it to consider the co-naming of a public street in Honor of
late Simon Bolivar, a Venezuelan military and political leader who was instrumental in
helping Latin American countries achieve independence from the Spanish Empire, along
with any amendment to Section 82-503 of the City Code that may be required to
accomplish the naming.
Simon Bolivar is viewed as a national icon in much of modem South America, and is
considered one of the great heroes of the Hispanic independence movements of the early
19th century. During his lifetime, Bolivar became known as"El Libertador"through helping
countries such as Venezuela, Colombia, Ecuador, Peru and Bolivia all achieve
independence.
The City's Hispanic Affairs Committee supported this proposal and recommended to co-
name 22nd Street after Simon Bolivar due to its proximity to Simon Bolivar's bust in
Collins Park, at the Bass Museum between Collins Avenue and 21st Street in Miami
Beach, or alternatively, some undefined location in North Beach.
At its April 28, 2021 meeting, the NQLC reviewed the proposal and without making a
recommendation on the merits, directed for this proposal to be fully considered by the
City Commission at first reading.
The proposed Ordinance was passed at first reading and was referred back to NQLC to
discuss a suitable street to co-name after Simon Bolivar, subject to the adoption of the
ordinance at second reading on June 23, 2021.
At its May 19, 2021 meeting, NQLC made a favorable recommendation regarding the co-
naming of 22nd Street after Simon Bolivar. Co-naming 22nd Street after Simon Bolivar
would be especially fitting considering that the 21St Street between Washington Avenue
and Collins Avenue has already been named after José Marti, a Cuban national hero and
an important figure in Latin American literature.
RAP/FA/ag
Page 571 of 1884