R5R-Naming Of Public Facilities-Establishment Of Monuments-Memorials -Grieco-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida Amending
Chapter 82 Of The Miami Beach City Code, Entitled "Public Property," By Amending Article Vl, Entitled
"Naming Of Public Facilities And Establishment Of Monuments And Memorials," By Amending The
Definitions ln Section 82-502, And Amending The Criteria For The Co-Naming Of Streets ln Section 82-
: Providino For Codification: R Severabilitv: And An Effective Date.
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
!ntended Outcome Su
Item Summary/Recommendation:
At the October 28, 2013 Neighborhood/Community Affairs Committee (NCAC) Meeting, the NCAC
discussed a requestfrom the Collins Park Neighborhood Association regarding the co-designation of 21"'
Street and 22no Street as Collins Park South and Collins Park North, respectively. lt is worth noting that
21't Street is currently co-designated as Jose Marti Street. This co-designation was approved by the City
Commission in 1994 (prior to the current code) via Resolution No. 94-21216.
Currently, Article Vl Section 82-503 of the City code only allows for co-designation of streets in honor of
Miami Beach police officers who died orwere killed in the line of duty.
Pursuant to current County code, the following process also must be followed for co-designations of
streets:
1. A five-sevenths (5/7) vote of the City Commission is required;2. A resolution of the City Commission recommending the co-designation would need to be
submitted to Miami-Dade County Public Works and Waste Management Department for
consideration by the Platting and Subdivision Committee; and3. The co-designation request would have to be approved by the Miami-Dade County Board of
County Commissioners via a resolution.
At the December 11,2013 Commission meeting, the Committee approved Resolution 2013-28429,
accepting the recommendation of the Neighborhood/Community Affairs Committee, that the City
Administration develop a criteria for the co-naming of streets.
A revision to the Ordinance has been completed and is attached. ln addition to police officers, itallowsfor
streets to be co-named for a public facility, individuals, or commercial establishments that have been in
business for more than 100 years.
At the April 23,2014 Commission meeting, the title of the Ordinance was read into the record. A motion
was made for this item to be opened and continued lo May 21,2014.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE.
At the NCAC meeting on October 28, 2013, the Committee passed a motion directing the Administration to
develop specific language and guidelines pertaining to the co-naming of streets and to bring the item to
Commission for consideration of a amendment to the Citv Code.
Financial lnformation:
T \AGENDAP014\l4ay\Ordinance CO NAIVING STREET SIGNS SUMMARY doc
AGENDA ITEIU
DATE
8SR
s-21- lt4E MIAMIBTACH 519
g MIAMIBEACH
City of Miomi Beoch, I 700 Convenlion Cenler Drive, Mioml Beoch, Florido 33I 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of/lhe City
FROM: Jimmy L. Morales, City Manager
DATE: May 21,2014
SUB.IECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDIIIG CHAPTER 82 OF THE MIAMI BEACH
CITY CODE, ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE VI,
ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF
MONUMENTS AND MEMORIALS," BY AMENDING THE DEFINITIONS IN
SECTION 82-502, AND AMENDING THE CRITERIA FOR THE CO-NAMING OF
STREETS lN SECTION 82-503; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
BACKGROUND
At the October28,2013 Neighborhood/CommunityAffairs Committee (NCAC) Meeting, the NCAC
discussed a request from the Collins Park Neighborhood Association regarding the co-designation
of 2l"tStreet and 22nd Street as Collins Park South and Collins Park North, respectively. lt is worth
noting that 21't Street is currently co-designated as Jose Marti Street. This co-designation was
approved by the City Commission in 1994 (prior to the current code) via Resolution No. 94-21216.
Currently, Article Vl Section 82-503 of the City code only allows for co-designation of streets in
honor of Miami Beach police officers who died or were killed in the line of duty.
Pursuant to current County code, the following process also must be followed for co-designations of
streets:
1. a five-sevenths (5/7) vote of the City Commission is required;
2. a resolution of the City Commission recommending the co-designation would need to be
submitted to Miami-Dade County Public Works and Waste Management Department for
consideration by the Platting and Subdivision Committee; and
3. the co-designation request would have to be approved by the Miami-Dade County Board of
County Commissioners via a resolution.
At the NCAC meeting on October 28, 2013, the Committee passed a motion directing the
Administration to develop specific language and guidelines pertaining to the co-naming of streets
and to bring the item to Commission for consideration of a potential amendment to the City Code.
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Ordinance - Co-Designation of 21st Sfreef and 22nd Street as Collins Park South and Collins Park North
May 21 , 2014
Page 2 of 2
At the December 11, 2013 Commission meeting, the Committee approved Resolution 2013-28429,
accepting the recommendation of the Neighborhood/Community Affairs Committee, that the City
Administration develop a criteria for the co-naming of slreets.
A revision to the Ordinance has been completed and is attached. ln addition to police officers, it
allows for streets to be co-named for a public facility, individuals, or commercial establishments that
have been in business for more than 100 years.
At the April 23,2014 Commission meeting, the title of the Ordinance was read into the record. A
motion was made for this item to be opened and continued to May 21,2014.
CONCLUSION
The Administration recommends approving the Ordinance
Attachments: Draft Ordinance
*r*#*-f,
T:\AGENDA\2014\May\Ordinance Co-Naming of Streets MEMO.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 82 OF THE
MIAMI BEAGH CITY CODE, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE VI, ENTITLED "NAMING OF PUBLIC
FACILITIES AND ESTABLISHMENT OF MONUMENTS AND
MEMORIALS," BY AMENDING THE DEFINITIONS IN SECTION 82-
502; AMENDING THE GRITERIA FOR THE NAMING OF PUBLIC
FACILITIES AND THE CO-NAMING OF STREETS IN SECTION 82-503;
AMENDING THE PROVISIONS IN SECTION 82-505 FOR THE
ACCEPTANGE OF MONETARY DONATIONS IN CONSIDERATION
FOR THE NAMING OR RENAMING OF PUBLIC FACILITIES; AND
AMENDING SECTION 82-501 TO CROSS REFERENCE AMENDED
SUBSECTION 82-s03(C); PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFEGTIVE DATE.
WHEREAS, pursuant to Resolution No. 2013-28429, the Mayor and City Commission
directed the City Administration to develop additional criteria for the co-naming of City streets;
and
WHEREAS, amended criteria for the co-naming of City streets has been developed by
the Clty Admlnistration and is set forth in this Ordinance, as well as other housekeeping
amendments to the naming provisions for public facilities and for the acceptance of monetary
donations in consideration for the naming or renaming 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.
That Chapter 82, Section 82-501, of the Miami Beach City Code is hereby amended as
follows:
Chapter 82
PUBLIG PROPERTY
ARTICLE VI. NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT
OF MONUMENTS OR MEMORIALS
Sec. 82-501. Generally.
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(c) Effective upon adoption of this-a*isla Ordinance No. 2014- , no street
located in the city shall be hereafter named, renamed, or co-named ane+-any
, except as provided in Section 8ffi)
82-503(c),hereof....
SECTION 2.
That Chapter 82, Section 82-502, of the Mlami Beach City Code is hereby amended as
follows:
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 and as meroed with the neiohborhood committee on November 25, 2003 pursuant to
Resolution No. 2003-25446, or any other such committee designated by the city commission to
review and recommend names for public facilitles and the co-naminq of streets. 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).
Monument means a bust, sculpture, or similar structure, erected in honor of a significant
event(s) or person(s).
@
Public facility means any public buildingrplaza or park owned by the city.
Sfreel 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-owned and/or controlled streets.
SECTION 3.
That Chapter 82, Section 82-503, of the Miami Beach City Code is hereby amended as
follows:
Sec. 82-503. Naming of public facilities; co-naming of streets.
(a) Naminq of an exterior portion of a oublic facilitv (includino naminq of a park). Whenever a
name is needed for a new public facilitn or whenever there is a p+epesat reouest 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
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public facility, or may propose renaming an existing public facility, at any time by
submitting a !@ proposed name in writing (the orooosal) 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. Notlce of
the meeting shall be given to all persons who have proposed !@ namee,p11g311q for
the public facility.
(3) After reviewing the proposal in aeeerdanee with its established seleetien eriteria, the
committee shall transmit a-+*itten its recommendation to the city commission regarding
the proposal
the eemmittee.
(4) Ne{withetanding any ether previsien ef this eeetien, publie faeilities and Blazas shall net
veting in sueh referendum; er unless the naming er renaming is in exehange fer a
{5) Within a reasonable time after receiving the recommendation from the committee q!@
proposal for the namlng or renaming, the city commission shall call a public hearing.
(O€) Notice of the public hearing regarding the naming or renaming of the public facility,
shall be published at leastten (10) days priorto the hearing in a newspaperof general
circulation in the city.
(6) Anv prooosed naminq. or re-naminq of a oublic facilitv aporoved bv the citv commission
must be approved bv a 5/7ths vote. and must be submitted to the electorate of the citv
bv referendum at the next reqularlv scheduled election. The name shall be aoproved bv
a maioritv of the electorate votinq in the referendum.
lQ Notwithstandino anv other provision of this section. public facilities shall not be named,
or renamed. for livinq persons unless such persons are over 100 vears of aoe: or. for
livinq persons under 100 vears of aqe, unless the naminq or renamino is (i) aoproved bv
a maioritv of the members of the committee: (ii) approved bv the citv commission bv a
5/7ths vote: and (iii) submitted to the electorate of the citv bv referendum at the next
reqularly scheduled election and approved bv a maioritv of the electorate votinq in such
referendum: or unless the naminq or renaminq is in exchanqe for a monetary donation
pursuant to section 82-505 herein. However, this provision shall not applv to oublic
facilities named or renamed prior to June 29, 1991 .
{!) Notwithstandinq anv other provision of this section, the referendum requirements of this
section shall not aoplv where a public facilitv is to be named or renamed solelv for the
name of the citv. the physical location of the facilitv and/or the street where the facilitv is
located. the function of the facility, or the current name of the facilitv.
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(b) Naminq of ilnterior portion(s) of a public facility (includinq namino of interior portion(s) of a
park) €rf+aza.
(1) Where the an interior portion of a public facility, (includino the naminq of an interior
portion of a park or the naminq of an interior portion of a buildino located within a park)
er-wh€{€-a+leze is to be named, or renamed. the procedures in section 82-503(aX1)
throuqh (5) shall applv.
(a EAt the close of the public hearing, the city commission may approve the proposed name
fu+, or ethen*ise rename fo1, the subject interior portion of the public facilityr-e+-ef-the
Blaza bv a 5/7ths vote. ln seleeting the name; the eity eemmissien shall be geverned by
its established seleetien eriteria; hewever, the name seleeted need net be ene
@
(e) Exterier pertien(s) ef a publie faeility er park,
(1) Where an exterier pertien(s) ef a publiefaeirity' er where a park is te be named, the eity
eemmissie* may enly eensider a name apBreved by a majerity ef the members ef the
€€rqmi$e€'
we-
ef the eleeterate veting in the referendum, Netwithstanding any ether previsien ef this
faeility' net already named fer an individual er individuals pursuant te subseetien 82 503
(aX1)' is te be named er renamed selely fer the name ef the eity, the Bhysieal leeati€n ef
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(d{g) Co-naming of streets.
(1) Streets 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; (ii) a public facl
co-named: (iii) qeooraphic areas within the Citv, or (iv) a commercial establishment that
has been in business in the Citv of Miami Beach for 100 or more vears and which is
located on the street to be co-named. The orovisions in this subsection 82-503(cX1)
shall not applv to streets named or co-named prior to June 21, 2014.
(2) Whenever a request af,dlerf+€peeal is made to co-name a street, efie+-e-Miami€€€€h
peliee effieer whe died er was killed in the line ef duty the co-naming shall first be
considered and reviewed by the committee accordlng 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, ifi-h€Rer-ef-a-Miami
Beaeh Beliee effieer whe died er was killed in the line ef duty by submitting the
p+epesa+anah+ request in writing to the committee. At a minimum, such prepesal
andler request shall include the following:
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b.
1. The street to be co-named: and
1,2. The proposed co-name of the effeer street: andz@
3. The reason forthe reques( and
4. lf the proposed co-namlno is requested pursuant to subsection 82-
503(cXlXi), a factual summary including the date and circumstances under
which the officer died or was killed in the line of duty=; angl
5. lf the proposed co-naminq is requested pursuant to subsection 82-
503(cxlXiv), a factual summary confirminq the commercial establishment's
contribution to the Citv.
Within a reasonable time after receipt of the prepesal-andler 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 endler
sug,m*tea+ne+repesal.
After reviewing the prepesal-anCler request, the committee shall transmit a
wriften its recommendation to the city commission regarding the BrepesalanC/er
request; The committee's recommendation reeuires a simple maioritv vote the
reeemmendatien may alse inelude any alternative prepesals by the eemffittee.
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 (10) days prior to the
hearing in a newspaper of general circulation In the city.
At the close of the public hearing, the city commission may approve the prepesal
anC/e+ request. Any prepesatandle+ request to co-name a street pursuant to this
subsection 82-503(d)lQ must be approved by a {ive-sevenths 5/7th vote of the
city commission.
Anv commercial establishment to be recoonized bv the co-naminq of a street
must be in oood standino in the communitv at the time of final aporoval of same
bv the citv commission and if, after the street is co-named, the principal(s) of the
commercial establishment recoqnized are subsequently convicted or adiudicated
suilty of a felonv. the name of the commercial establishment shall be removed
from the street siqn. ln such case. neither the citv. nor any of its officers.
employees, contractors. or aqents, shall have any liabilitv to the commercial
establishment recoqnized bv the co-naminq of the street or to the principal(s) of
such commercial establishment (includinq. without limitation. if such princioal(s)
of a commercial establishment are deceased. his/her heirs, relatives, successors,
or assiens), and/or anv other oartv(ies). for anv costs or claims resultino from
such removal (and including, without limitation, reimbursement of anv costs
incurred for desiqn. fabrication. installation. and/or maintenance of the street
siqn, if applicable).
d.
e.
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SECTION 4.
That Chapter 82, Section 82-505, of the Miami Beach City Code is hereby amended as
follows:
Sec. 82-505. Acceptance of monetary donations in consideration for the naming or
renaming of public facilities.
(a) 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:
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. Anv individual to be recoonized bv the namino or renamino of a public
facilitv must be in qood standinq in the communitv at the time of final approval of
same bv the Citv Commission and, if after the naminq or renaminq the individual
is subsequentlv convicted or adiudicated ouiltv of a felonv, the name of the
individual shall be removed from the public facilitv. ln such case. neither the Citv,
nor anv of its officers, emplovees, contractors. or aqents. shall have any liabilitv
to the individual recoqnized bv the naminq or re-naminq (includinq, without
limitation, if such individual is deceased. his/her heirs. relatives, successors. or
assiqns), and/or anv other partv(ies), for anv costs on claims resultino from such
removal (and includino. without limitation. reimbursement of anv costs incurred
for desiqn. fabrication. installation and/or maintenance of the sion bearinq the
public facilitv's name. if apolicable).
SECTION 5. REPEALER.
All ordinances or parts of ordinances in confllct herewith be and the same are hereby
repealed.
SECTION6. SEVERABILIry.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 7. 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
(e)
527
re-lettered to accomplish such intentlon, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 8. EFFEGTIVE DATE.
This Ordinance shall take effect the
PASSED and ADOPTED this
ATTEST:
day of 2014.
day of 2014.
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
Strike+n+eugh denotes deletions
APPF.I'' I :.:l:,1)
FOHM 3,' ' ., , ,',r.:iE
& FOR Er.*-- i iON
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