R5G-Amend Chapter 82 Naming Of Public Facilities And EstablishmentsOFFICE OF THE CITY ATIORNEY
JOSE SMITH, CITY ATIORNEY COMMISSION MEMORANDUM
TO: MAYOR MATTI HERRERA BOWER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: JOSE SMITH //
CITY ATTORt-,I<E
\
DATE: July 17, 2013
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SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
CITY CODE BY AMENDING CHAPTER 82 OF THE CITY CODE,
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI,
ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT
OF MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-
503, ENTITLED "NAMING OF PUBLIC FACILITIES," BY ELIMINATING
THE REQUIREMENT OF A REFERENDUM IN SUCH CASES WHEN
THE FACILITY TO BE NAMED OR RENAMED IS CITY OWNED, AND
NOT ALREADY NAMED FOR AN INDIVIDUAL OR INDIVIDUALS
PURSUANT TO SECTION 82-503(a)(4), AND THE PROPOSED NAME
INCLUDES THE NAME OF THE PHYSICAL LOCATION OF THE
FACILITY OR THE FACILITY TO BE NAMED OR RENAMED, WHICH
MAY INCLUDE THE NAME OF THE PARK AND/OR STREET WHERE
THE FACILITY IS LOCATED; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
At its meeting on June 26, 2013, the Neighborhood/Community Affairs Committee
("NCAC") considered an item concerning the naming of the Flamingo Park Tennis Center.
Following a discussion and consideration of the item, the NCAC recommended that the City
Code provisions concerning the naming of public facilities be amended to provide for the
naming of such facilities without the requirement of a referendum in cases when the facility to be
named or renamed, and not already named for an individual or individuals pursuant to Section
82-503(a)(4), includes the name of the physical location of facility, which may include the name
of the park and/or street where the facility is located.
Therefore, the above-referenced Ordinance has been drafted by the City Attorney's
Office for consideration by the Mayor and City Commission.
JS/DT/sc
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693
Agenda Item R 5' V
Date 7-/7-/3
ORDINANCE NO. _____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CITY
CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI,
ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF
MONUMENTS OR MEMORIALS," BY AMENDING SECTION 82-503,
ENTITLED "NAMING OF PUBLIC FACILITIES," BY ELIMINATING THE
REQUIREMENT OF A REFERENDUM IN SUCH CASES WHEN THE
FACILITY TO BE NAMED OR RENAMED IS CITY OWNED, AND NOT
ALREADY NAMED FOR AN INDIVIDUAL OR INDIVIDUALS PURSUANT
TO SECTION 82-503(a)(4), AND THE PROPOSED NAME INCLUDES THE
NAME OF THE PHYSICAL LOCATION OF THE FACILITY OR THE
FACILITY TO BE NAMED OR RENAMED, WHICH MAY INCLUDE THE
NAME OF THE PARK AND/OR STREET WHERE THE FACILITY IS
LOCATED, PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, at its meeting on June 26, 2013, the Neighborhood/Community Affairs
Committee ("NCAC") considered an item concerning the naming of the Flamingo Park
Tennis Center; and
WHEREAS, following a discussion and consideration of the item, the NCAC
recommended that the City Code provisions concerning the naming of public facilities be
amended to provide for the naming of such facilities without the requirement of a
referendum in cases when the facility to be named or renamed, and not already named for
an individual or individuals pursuant to Section 82-503(a)(4), includes the name of the
physical location of facility, which may include the name of the park and/or street where the
facility is located; and
WHEREAS, the Mayor and City Commission wish to accomplish the
recommendation of the NCAC with regard to the naming of public facilities.
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
SECTION 1. AMENDMENT TO ARTICLE VI OF CHAPTER 82 OF THE CITY CODE
A. That Section 82-503, of Chapter 82 of the Miami Beach City Code is hereby
amended as follows:
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*
CHAPTER 82
PUBLIC PROPERTY
* *
ARTICLE VI. Naming of Public Facilities and Establishment of Monuments
and Memorials
* * *
Sec. 82-503. Naming of public facilities
* * *
(c) 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. Notwithstanding any other provision of this Article,
the referendum requirements of this section shall not apply where any City owned facility,
not already named for an individual or individuals pursuant to section 82-503 (a) (4), is to
be named or renamed to include the name of the City, the physical location of the facility,
which may include the name of the park and/or the street where the facility is located, a-00
the function of the facility .. or the current name of the facility.
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.
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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 Code of the City of Miami Beach, Florida. 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 __ day of _____ , 2013.
PASSED AND ADOPTED this __ day of-----' 2013.
MAYOR
ATTEST:
CITY CLERK
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696
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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Date