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98-22797 RESO RESOLUTION NO. 98-22797 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA REPEALING RESOLUTION NOS. 96-21897 AND 97-22450 AND PROVIDING AN AMENDED INTERPRETATION OF THE 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 PROHIBIT THE "CO-NAMING" OR "SUB-NAMING" OF PUBLIC FACILITIES AND MAIN STREETS ABSENT REFERENDUM, TO PROHIBIT THE "CO-NAMING" OF STREETS OR PUBLIC FACILITIES FOR PERSONS UNDER ONE HUNDRED (100) YEARS OF AGE, AND FURTHER TO PROHIBIT THE "CO-NAMING" OR "SUB-NAMING" OF ANY STREETS WITHIN OR OWNED BY THE CITY OF MIAMI BEACH. WHEREAS, Article V, Sections 39-24 through 39-27 of Chapter 39 of the Miami Beach City Beach Code provides for the "naming" of new public facilities and streets and for the "renaming" of existing public facilities or streets within or owned by the City of Miami Beach; and WHEREAS, Sections 39-24 through 39-27 of Chapter 39 of the Miami Beach City Code do not provide for the "co-naming" or "sub-naming" of streets or public facilities within or owned by the City of Miami Beach; and WHEREAS, Section 39-27 of the City Code provides, inter alia, for referendum approval of the naming of a public facility or main street; and WHEREAS, on July 2, 1997, the Miami Beach City Commission passed and adopted Resolution 97-22450, interpreting the provisions of Section 39-27 so as to allow the "co-naming" or "sub-naming" of public facilities or main streets without adhering to the provisions in Section 39- 27 which require referendum approval; and WHEREAS, Section 39-26(d) of the City Code provides that streets and public facilities shall not be "named" for living persons unless such persons are over one hundred (100) years of ages; and WHEREAS, on February 20, 1996, the Miami Beach City Commission passed and adopted Resolution No. 96-21897 interpreting City Code Section 39-26 so as not to prohibit the "co-naming" of a street or public facility after a living person under one hundred (100) years of age; and WHEREAS, the Mayor and City Commission have determined that it is in the best interest of the City of Miami Beach to no longer interpret the provisions of Chapter 39 of the Miami Beach City Code as provided in Resolution Nos. 96-21897 and 97-22450; and WHEREAS, the Mayor and City Commission of the City of Miami Beach further wish to interpret the provisions of Chapter 39 of the Miami Beach City Code so as to prohibit the "co- naming" or "sub-naming" of any streets within or owned by the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that Resolution Nos. 96-21897 and 97-22450 are hereby repealed in their entirety and further, the Mayor and City Commission of the City of Miami Beach hereby find and determine that the provisions of Chapter 39 entitled "Street, Sidewalks, and Public Facilities" in Article V thereof, entitled "Naming of Public Facilities and Streets" prohibit the "co-naming" or "sub-naming" of any streets within or owned by the City of Miami Beach. day of June ,1998. PASSED AND ADOPTED this 17th Pit MA R ATTEST: ~~L~ APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 14 !Jt</1/~ 4/)/~ ity Attomey Date 2 OFFICE OF THE CITY ATTORNEY ~ tfJ/domi~ F L o R o A MVRRA Y H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. ~ TO: Mayor Neisen Kasdin and Members of the City Commi~ Murray H. Dubbin h~ ~\iS CIty Attorney I ~~\ DATE: June 17, 1998 FROM: ;' SUBJECT: RESOLUTION REPEALING RESOLUTION NOS. 96-21897 AND 97-22450 AND REPEALING POLICIES PROVIDING FOR CO-NAMING AND SUB- NAMING OF CITY STREETS AND PUBLIC FACILITIES Pursuant to the recommendation of The Neighborhoods Committee, the attached Resolution repealing the policies allowing for the co-naming or sub-naming of streets and public facilities is submitted for your consideration. F:\A lTOInrRNlCOMMMEMOICO.NAMIGS11l Agenda Item R 1 S Date G,- \, -q 'g 1700 Convention Center Drive - Fourth Floor - Miami Beach, Florida 33139