98-22811 RESO
RESOLUTION NO.
98-22811
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING
THE RECOMMENDATION OF THE COMMUNITY AFFAIRS
COMMITTEE, AND APPROVING THE NAME CHANGE OF
THE MIAMI BEACH GARDEN CENTER AND
CONSERVATORY, TO THE MIAMI BEACH BOTANICAL
GARDEN.
WHEREAS, at its meeting of May 6, 1998, the Mayor's Ad Hoc Garden and Conservatory
Committee discussed changing the name of the Garden Center from the Miami Beach Garden Center
and Conservatory, to the Miami Beach Botanical Garden; and
WHEREAS, the primary reasons for the name change included: 1) "Botanical Garden" more
appropriately describes the activities, purposes, and goals of the Garden Center; 2) the Committee
plans to apply to the American Association of Botanical Gardens and Arboreta (AABGA) for
membership; and, 3) the term "Garden Center" has attained a commercial connotation with most large
home improvement stores having such centers; and
WHEREAS, the request to rename the Miami Beach Garden Center and Conservatory was
referred to the Community Affairs Committee for discussion and recommendation at its first regular
meeting on June 5, 1998; and
WHEREAS, the Community Affairs Committee considered and reviewed the aforestated
renaming of said public facility and, after reviewing the proposal in accordance with the established
selection criteria, as set forth in Article V, Section 39-24 through 39-27 of Chapter 39 of the Miami
Beach City Code, unanimously recommended that the Mayor and City Commission consider the
proposal to rename the Miami Beach Garden Center and Conservatory to the Miami Beach Botanical
Garden; and
WHEREAS, pursuant to Article V of Miami Beach City Code Chapter 39-27, the Mayor
and City Commission at the June 17, 1998, meeting called a duly noticed public hearing for July 1,
1998 to obtain citizen input and consider the name change request.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission accept the recommendation of the Community Affairs Committee, approving the name
change of the Miami Beach Garden Center and Conservatory, to the Miami Beach Botanical Garden.
PASSED and ADOPTED this ~ day of
July ~~~:::
ATTEST:
i // i ;:
I{ ( (tu J \/{It ((CL'-
CITY CLERK
F:\CMGRISALLIJUDYlCOMMAFFlCOMMMEMOIGRDNCTRN.RES
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Horney
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Date
2
ARTICLE V. N~~ING OF PUBLIC FACILITIES AND STREETS
Sec. 39-24. General.
Sec. 39-25. Definitions.
Sec. 39-25. Review a.n.d recoI::lIllendation by CoI::I:l..i t tee.
Sec. 39-27. Public hearing and na.::ling by City COI:I::lission.
Section 39-24. General
After the effective date of this Ordi~ance, no public facility
or street located in or owned by the City of Miami Beach s~all be
named or renamed except in accord~~ce with the procedures set forth
..
in this Article.
Sec. 39-25
Definitions.
(a) City Commission. The governing body of the City of Miami
Beach, Florida.
(b)
Committee.
The Rules and Special Eve~ts Committee
.
created by the city commission on January 22, 1986 or any other
such committee designated by the city commission .to revie'N" and
recommend names for public facilities and streets located within or
owned by the City of Miami Beach.
.(c) Main Street. One of the following roadways located in the
City of Miami Beach:
MacArthur Causeway - 5th Street, Venetia~
Cause'.....ay, Dade Boulevard, 41st Street, 71s:: Street, No::::-:r:a~dy D:-ive,
Collins Avenue, Washington Avenue,
r~d~a~ Creek D:-ive,
Pir::
~"""~Q.
.....--
Drive, Alton Road, Lincoln Road a~d Ocea~ Drive.
(d)
Pla::a.
k~ open public s~~are.
( e)
Public facili ty.
A:. . 1 '- 1 d. r- plaza o_~ :--a_..... '.-
~y pUD_ic ....ui_ ~n,::, _ ~ ....
owned by the City of Miami Beach.
Sec. 39-26'.
Review and recomme~dation committee.
'The committee shall establish selection criteria which, when
approved by the city commission, shall govern its name selection
process.
Whenever a name is needed for a new public facility or street
or whenever there is a proposal to rename an e:dsting public
facility or street within or owned by the City of Miami Beach, said
naming or renaming shall fi~st be considered and reviewed by the
committee designated by the city commission according to the
following procedures:
(a) Any person, organization, association, corporation 0=
other e:ltity i:lcluding a member of the city commission or the
administration of the city may p=opose a name for a new public
facility or street or may prcpose renaming an existing public
facility or street at any time by submitting a proposed name to the
committee.
(b) Within a reasonable time a=t:er receipt of said proposal
the committee shall meet to consider a~d review proposals fcr the
naming or renaming of said public facility or street.
Nocice of
the meeting shall be glven to all persons or entities Wnlcn have
orooosed
- -
names
for
t'
::~
public
facility
or
S-~~.:.-
'-- -- ~
, .-"..;..::::.-
'------
c:::mstrt:.ction.
(c) After revie'Ning the proposal in accorda::.ce with the
established selection criteria the committee shall transinit a
written recommendation
to
the
city cominission
reca=d.inc
- -
"l-.Q
1.....-
proposal; the recommendation may also include ~~y names proposed by
the committee.
Cd) Notwithstanding any other provision of this ordina::.ce,
streets and public facilities shall not be named fa:: livir..g
persons, ~~less such persons are over one hundred (100) years of
age; provided, however, that this provision. shall not apply to
streets and public facilities named or renamed prio:: to the
effective date of this ordinance.J~~e 29, 1991.
See. 39-27 .
Public
Hearing;
selection
of
na.:ne
by
City
COmmission; referend~;
( a)
Within
a
reasonable
ti:ne
afte=
receivi::g
.
tne
recommendation for a naming Or
renaming
from
"r..,::.
1....._
committee,
"'~Q.
'----
city commission shall call a public hearing.
- (b) Notice of a public hearir:.g rega=di::.g the nami::.g 0=
renaming of a public facility 0= st=eet shall be published a~ least
ten days prior to the hea=ing in a news?aper of ge::.eral
. , .
Cl.=::t.:.~3.~~o::
in the City of Miami Beach.
(c) At the close of the public hearing the city c~mmissicn
may select a r:ame
for or re::ame
-hQ
'- ~--
subject. public facili~y or
street. In selecti::.g the r:.ame, the commission shall be gove~ed ey
its established selection criteria; however, the name selected need
r:.ot be one recommended by the committee.
(d) Where a public facility other than a plaza or any
interior portion of a public facility or mai::. street is to be
named, the city commission may only conside= a name which has been
approved by a majority of the membe=s of the Rules and Eve::.ts
Committee.
Additionally, any name so selected by the city
commission must be approved by a S/7th's vote and must be s~mitted
to th~ electorate of the City by refere::.durn a~ the next re~larly
scheduled election.
The name selection shall be approved by a
majority of the electorate voting in the refere::.dum.
(e) ~~cept as otherNise provided by law or contract any name
d . ... . .. . l' , ~ _ , ~,. .. _, . .. .
es~g::.a,-Lon es,-a~_Lsne~ atter tne aCOptLon cate ot tnLS Or~Lr:a::.ce
shall automatically SU::'set ten (10) years from its desig::atio:l
date. Within the last year of name designation, the Miami Beach
City Commission may extend said desig::.atior: for one ac.c.it.ic::al
period of ten (10) years, said extension to automatically sunset at
the expiration of said ten (10) year period. The Bass Museum of Art
shall be exempt from the name designation S~~set provisions of this
subsection.
J"~O:sc~:jean.~.\nami~g_O.ord
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY given that a public hearing will be held by the City
Commission of the City of Miami Beach, on Wednesday, July 1, 1998, at
10:45 a.m., in the Commission Chambers, 3rd floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, to consider renaming the
Miami Beach Garden Center and Conservatory, to the Miami Beach Botanical
Garden.
Inquiries may be directed to the City Manager's Office at 673-7010.
All persons are invited to appear at this meeting or be represented by an
agent, or to express their views in writing addressed to the City Commission
c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall,
Miami Beach, Florida 33139. This hearing may be continued at this meeting
and under such circumstances, additional legal notice would not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public
that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing, such
person must ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the
introduction or admission of otherwise inadmissable or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons
needing special accommodation to participate in this proceeding should
contact the City Clerk I s off ice no later than four days prior to the
proceeding. Telephone (305) 673-7411 for assistance; if hearing impaired,
telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800)
955-8770 (VOICE), for assistance.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\cI.mlaml-beach.n.ua
COMMISSION MEMORANDUM NO.
~39-9g
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: July 1, 1998
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE COMMUNITY AFFAIRS COMMITTEE,
AND APPROVING THE NAME CHANGE OF THE MIAMI BEACH
GARDEN CENTER AND CONSERVATORY, TO THE MIAMI BEACH
BOTANICAL GARDEN.
ADMINISTRA TION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On May 6, 1998, the Mayor's Ad Hoc Garden and Conservatory Committee discussed and
unanimously approved a motion to change the name of the Miami Beach Garden Center and
Conservatory (Garden Center) to the Miami Beach Botanical Garden. The primary reasons for the
name change include: 1) "Botanical Garden" more appropriately describes the activities, purposes,
and goals of the Garden Center; 2) The Committee plans to apply to the American Association of
Botanical Gardens and Arboreta (AABGA) for membership; and 3) The term "Garden Center" has
attained a commercial: connotation with most large home improvement stores having such centers.
The request was then forwarded to the Community Affairs Committee and reviewed by the
Committee, in accordance with Article V, Section 39-24 through 39-27 of Chapter 39 of the Miami
Beach City Code.
On June 5, 1998, the proposal to rename the Garden Center was unanimously approved by the
Community Affairs Committee.
On June 17, 1998, in accordance with the City Code, the City Commission adopted a resolution to
call a public hearing regarding the name change.
AGENDA ITEM
R.1A
7-1-98
DATE
ANALYSIS
Pursuant to Article V of Miami Beach City Code Sections 39-26 and 39-27, the following procedures
have been followed: 1) the renaming was first considered and reviewed by the Community Affairs
Committee (Committee); 2) the Committee then transmitted a written recommendation to the City
Commission approving the proposal, and the proposed name change; and, 3) on June 17, 1998, the
City Commission called a public hearing for July 1, 1998, to consider said name change.
Pursuant to Article V of Miami Beach City Code, Section 39-27, the Mayor and City Commission
should now hold a public hearing to consider the aforesaid renaming. The subject renaming must be
approved by a Sl7ths vote of the City Commission.
Following its approval on first reading at the June 17th City Commission meeting, a separate
ordinance is presented to the Commission today, for second and final reading, to exempt the Garden
Center from the referendum requirements under Article V of the City Code, Section 39-27(d). As
such, the name change will become effective upon adoption of both this resolution and the effective
date of the accompanying ordinance.
CONCLUSION
Notwithstanding the foregoing, it is recommended that the City Commission accept the Committee's
recommendation, to change the name of the Miami Beach Garden Center and Conservatory to Miami
Beach Botanical Garden.
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