HomeMy WebLinkAboutO-2023-008 Amending Ch. 2 Art. 5 Naming of City Facilities SECOND READINGORDINANCE NO.2023-LDg
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 2, OF THE CITY CODE OF
ORDINANCES, ENTITLED "ADMINISTRATION' AT ARTICLE V,
ENTITLED "RESERVED" BY AMENDING THE ARTICLE NAME TO
"NAMING OF CITY FACILITIES", AND CREATING SECTION 2-101,
ENTITLED "NAMING OF CITY OWNED FACILITIES" PROVIDING THE
AUTHORITY TO THE CITY COMMISSION TO NAME OR RENAME CITY
OWNED FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to create a process for naming or
renaming City owned facilities within the City of Dania Beach; and
WHEREAS, it is in the City's best interests to create a process that is consistent with best
practices, and takes into consideration various factors to ensure that the naming or renaming of a
facility, a room, a park, etc., is appropriate for the City; and
WHEREAS, the City desires to create Section 2-101 of the City Code of Ordinances to
document the City's process for naming of facilities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "WHEREAS" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2 That Chapter 2 of the City Code of Ordinances, which Chapter is entitled
"Administration", at Article V, entitled "Reserved", at section 2-101, is created to read as follows:
ADMINISTRATION
ARTICLE V — RESERAWD NAMING OF CITY FACILITIES
a Intent.
The City of Dania Beach shall be responsible for the naming/renaming of all City -owned facilities
Nothing in this section shall prohibit the City Manager Mayor/Commission members a
community group, or a resident from recommending a facility be named or renamed on behalf of
an individual, provided that the criteria in this Code provision are met The provisions of this Code
shall be the exclusive process for naming a structure an interior room a park, a facility, a field a
monument, etc. (collectively, "a facility").
A corporate sponsor for a facility naming right would be required to provide funding to the City,
which funding would be utilized to fund the costs associated with the naming and used to maintain
the facility. Any surplus funds would be utilized for a public purpose and deposited in the general
fund and designated for special projects in the City. Actual physical or other naming/renaming
measures for a corporate sponsor, including signage changes, shall not be performed by the City
until such the maintenance costs and funding to the City, as determined by the City Manager's
Office, are paid to the City. The corporate sponsor would enter into a naming rights
facility agreement, which agreement would provide the corporate sponsor the exclusive right to
name a property, location, or event for a set period ordinarily for a 10 year exclusive period
(b) Elieibility for Namine/Renaming of a structure, interior room, park, facility,
monument or building (collectively "facility"):
City elected officials;
2. City elected officials who have completed their full -term limit, made a significant
contribution to the City and/or becoming elected to a higher office;
3. City emplovees that have made significant contributions to the City, and separated
from full-time employment in good standing;
4. Persons making a significant contribution to the City over a period of years can be
considered with a written request made to the Director of Parks and Recreation;
5. Names of existing facilities shall not be duplicated,
6. Every effort shall be made to avoid naming conflicts with neighboring
municipalities;
7. Where the name of an individual is used, approval shall be obtained from the
individual or the next of kin prior to using the name;
8. In making the decision to utilize a name, the City Commission must take into
consideration whether or not the name requested is perceived to be immoral or
offensive to a portion of the City's citizenry;
9. Whether or not the applicant has met the requirements referenced in this Code and
have the support of surrounding property owners;
10. If named after a comoration the corporation or other non -natural person, must
have a reputation without a criminal, fraudulent immoral or an offensive histor.
See additional requirements for corporate naming request, under subsection (a).
11. Recommendations for the naming of a facility are encouraged to reflect
community members who have made substantial contributions over a period of
years to the City by volunteering services (athletics or other) serving on
boards/committees. Commissions, past employees, and Civic organizations.
12. The naming of facilities can be offered to the City Commission by the league or
organized gip that the person served within and to name a specific facility
utilized by the league or organized groin
ORDINANCE #2023-00
(c) Notification of Proposed Naming or Renaming.
(1) The Parks. Recreation and Community Affairs Advisory Board shall issue an
advisory recommendation to the City Commission. The Advisory Board meeting shall not
be required to be advertised or noticed in a paper of general circulation however, the
Advisory Board meeting shall be posted on the City's website and bulletin board at least
48 hours prior to the meeting,
(2) Mail notification of a naming or renaming public hearing request before the Citv
Commission shall issue to all property owners within 1,000 feet ene'-,-1 f the facility.
All notices including mailed notice posting and newspaper advertising in a paper of
general circulation shall issue 30 days before the public hearing on the request The notice
shall include a picture of the facility, the address of the facility, and the proposed
name/rename to be considered. The notice shall contain the date, time and location for the
public hearing, and advise the pubfic that a public hearing will be held which would allow
the public to provide input on the name request.
(d) Review and Approval of request.
(1) Requests for Naming/Renaming of a facility must be submitted in writingto o the
Director of Parks and Recreation. All individuals and organizations requesting for
naming/renaming a facility must submit a City of Dania Beach Naming/Renaming
Application.
(2) These requests will be reviewed by the Parks Recreation And Commum Affairs
Advisory Board prior to transmission to the City Commission. The decision of the Board
shall be advisory only and shall be submitted to the City of Dania Beach City Commission
for a Final Determination.
(3) The individual whose name is being considered must pass a "Level 2" background
check. Staff would be required to submit the Level 2 background check to Human
Resources to complete prior to action by the Advisory Board.
(4) Any person not -for -profit organization or commercial establishment/corporation to
be recognized by the naming, must be in good standing in the community at the time of
final approval of same by the city commission and if, after the naming 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 naming shall
be subject to removal by the City Commission without a public hearing In addition the
city commission may approve the removal of the name from a facility 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
em 1p_oyees contractors or agents shall have any liability to the person not -for -profit
organization, or commercial establishment recognized by the naming or to the
principal(s) of such not -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)
ORDINANCE #2023-VQs
(5) The bankruptcy of a comorate sponsor, or the take over of a corporate sponsor resulting
in the renaming of the corporate sponsor shall be reasons the City Commission may
remove a co orate sponsor's name from a facility early.
(5) Final Determination. The City Commission shall make a final determination whether
to grant or deny an application to name a facility. In doing so, the City Commission shall
have absolute discretion for naming a City facility and shall enact a resolution after un blic
hearing determining whether the naming or renaming request is approved Final ap rp oval
shall require a-3/5-4/5 vote for an initial naming request.
(6) No Waiver of Guidelines. The City shall not consider a waiver of any portion of
these guidelines.
(7) Automatic Denials.
(i) The individual after whom the facility is to be named or renamed had been
convicted for a felony or any crime involving moral turpitude or had pending
charges of a felony on any crime involving moral turpitude at the time of his or her
death.
(ii) The corporation or other non -natural person after which the facility is to be
named or renamed must have a reputation (and its officers and representatives)
without a felony criminal, fraudulent, immoral or offensive histor.
(iv) Failure to pass a Level 2 background check.
(v) Discriminatory or antisemitic (anti any religious, racial or ethnic) name or
reference.
NO No name shall be permitted which includes the name of any company
selling the following types of products: guns, tobacco, mariivana, vaping products
or sexual products.
(8) No appeal rights. The decision is not a quasi-judicial matter and does not affect
personal property rights. As such, the decision to name or rename a facility is not
appealable and within the inherent discretionary authority of the City Commission.
(e) Implementation of a Naming Decision:
(1) The named facility shall be displayed with proper signage and identified by its full
name in oral and written communications.
(2) All signage must be approved by Community Development or designee which
shall determine the size and location of signage.
(3) A brief biographical excerpt from the individual's accomplishments should be
exhibited in a prominent place within the facility. A recognition plaque shall also be
required.
(4) Should a donation be made on behalf of the naming right, or a corporate sponsor
identified with funding a designated fund may be established by the Finance Department
for the maintenance of signage.
(fl Duration of Naming Privilege:
4 ORDINANCE #2023-009
1. The Corporate Sponsor duration of a naming rights shall be for an initial period of ten (10)
years from the date of installation of signage. And, may be extended for further 10year periods.
Additionally, for a corporate sponsor, the City Commission can negotiate a longer naming right
period dependent upon the corporate, organizational sponsor's funding contribution to the City.
Renaming of a Corporate Sponsor may occur earlier if the facility name is no longer in line with the
criteria and guidelines of subsection (d)(7) as to the corporate sponsor's principals and
management, or the corporate/organizational name utilized demeans the City in any way.
2. The renaming of facilities named after an individual person is strongly discouraged.
However, the City Commission may choose to rename an existing facility if the facility name is
no longer in line with the criteria and guidelines and/or demeans the City in any way, or if any of
the conditions in subsection (d)(7) are impacted. If subsection (d)(7) is impacted the City
Commission can remove the name from the facility by a 3/5 vote. However, these conditions are
not met, then a renaming would require a 4/5 vote of the City Commission to rename the facility.
(9) Termination:
(1) The City reserves the right to revoke any previously pproved naming in the event
information comes to light that detracts from the rationale used to justify the naming. See
section (f) above.
(2) The City reserves the right to revoke any previously approved namingif f the person subject to
the naming privilege is subsequently convicted of a felony offense or any of the provisions of
subsection (d)(7), above, would now apply to the name.
(3) If the naming rights are revoked then any donations or other money provided to the City to
maintain, repair, or replace that sign shall be used to remove the signage and return the City
property into its original condition. All remaining money may be retained by the City for its
own use.
(4) Cross-reference with subsection (fl above as to naming and renaming conditions.
Res. 2-104-2 --- 2-118.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
ORDINANCE #2023-0 (9
Section 6. That this Ordinance shall be effective immediately upon its passage and
adoption on second reading.
PASSED on first reading on March 28, 2023.
PASSED AND ADOPTED on second reading on May 9, 2023.
ATTEST:
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APPROVED AS TO FORM AND CORRECTNESS:
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6 ORDINANCE #2023-SJ�