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HomeMy WebLinkAboutSubstitution Memo From City AttorneyCITY OF MIANII OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mdndez, City AttoAp"'?2 DATE: September 4, 2020 RE: September 10, 2020 Commission Meeting Agenda — Substitution of FR.6 - Naming of Gold Star Family Memorial Mini Park File No. 7829 Item FR.6 on the September 10, 2020 City Commission Agenda seeks to amend Chapter 38 of the Code of the City of Miami, Florida, as amended, to name the Mini Park located at 2300 Southwest 22"d Terrace, Miami, Florida "Gold Star Family Memorial Mini Park". As published, the item inadvertently references "Gold Star Families" instead of "Gold Star Family." Further, the proposed ordinance was changed to reflect an immediate effective date. 7 7i CC. Arthur Noriega V., City Manager Miriam Santana, Agenda Coordinator VM/BLM/JMS/kj Z- 7829 Substitution Memo from City Attorney City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 ia;58' 16'R£ • www.miamigov.com t ° it %V Ordinance: File Number: 7829 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 38/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "PARKS AND RECREATION/IN GENERAL," BY ESTABLISHING A NEW SECTION 38-25, TITLED "NAMING OF GOLD STAR FAMILY MEMORIAL MINI PARK," FORMERLY KNOWN AS THE SILVER BLUFF MINI PARK, LOCATED AT 2300 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, NAMING IT AS THE "GOLD STAR FAMILY MEMORIAL MINI PARK"; MAKING CERTAIN FINDINGS RELATIVE TO THE NAMING OF THIS MINI PARK; DIRECTING THE CITY MANAGER TO TAKE ALL ADMINISTRATIVE ACTION NECESSARY TO EFFECTUATE THE NAMING OF THIS PARK, INCLUDING THE PLACEMENT OF A SUITABLE PLAQUE COMMEMORATING GOLD STAR FAMILIES AT THE MINI PARK; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes f 1 � WHEREAS, the land located at 2300 Southwest 22"d Terrace, Miami, Florida ("Park', qs� a municipal public park in Miami, Florida; and WHEREAS, improvements to this Park will commence this year under Office grapit l �! Improvements (OCI) Project Number 40-13193522; and.t c-; tCD WHEREAS, Gold Star Family is a title that acknowledges the loss, grief, and c66tinw healing reserved for families of the members of the Armed Forces of the United Stateq -a- consisting of the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard, who have died in the line of duty and have made the ultimate sacrifice for this Nation; and WHEREAS, according to the Military Times, since September 11, 2001 ("9111") more than 16,000 military members or troops have died in non -combat circumstances and 7,000 military members have died in the Afghanistan and Iraq Wars; and WHEREAS, the foregoing numbers do not include families with military members who lost loved ones in both World Wars, the Korean War, and the Vietnam War; and WHEREAS, the phrase "Gold Star Family "dates back to World War 1 when military families displayed a blue star service flag for every immediate family member serving in the Armed Forces, and the gold star service flag was utilized to indicate that an immediate family member had died in the line of duty; and WHEREAS, in 1928, Mrs. Grace Darling, herself a Gold Star Mother, and twenty-five (25) other grieving mothers, founded the service organization "American Gold Star Mothers" in Washington D.C, and that service organization is still active today; and City of Miami Page 1 of 3 File ID: 7829 (Revision: A) Printed On: 914t2020 File ID: 7829 Enactment Number: WHEREAS, in 1936, President Franklin D. Roosevelt, built upon this growing movement and officially designated the last Sunday of September as National Gold Star Mother's Day; and WHEREAS, this date is still commemorated today, and this year National Gold Star Mother's Day is Sunday, September 27, 2020; and WHERAS, in 1945 the Gold Star Wives of America was established and in 1947 the United States Department of Defense created the Gold Star Label Pin; and WHEREAS, the City Commission finds that it is in the best interests of the City of Miami ("City") to officially name the Park as "Gold Star Family Memorial Mini Park"; and WHEREAS, the City Commission hereby issues the directives set forth below to the City Manager to implement this Ordinance, inclusive of a suitable commemorative plaque; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 38 of the Code of the City of Miami, Florida, as amended ("(_ty Code"), is further amended in the following particulars:' , 7 � "CHAPTER 38 -<�+ `�' rn o-+ t �- C7 PARKS AND RECREATIONn c� r CO r 9 w ARTICLE I. IN GENERAL -9" Sec. 38-25. Naming of Gold Star Family Memorial Mini Park. (a) The Dark located at 2300 Southwest 22ND Terrace, Miami, Florida shall be named "Gold Star Family Memorial Mini Park." Secs. 38.2326- 38.45. Reserved. Section 3. The City Manager is directed to take all administrative action necessary to effectuate the naming of Gold Star Family Memorial Mini Park, including, without limitation, placement of a suitable and dignified plaque or pedestal commemorating Gold Star Families. ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 3 Hie ID: 7829 (Revision: A) Printed on: 9/4/2020 File ID: 7829 Enactment `:umber: Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 ria dez, Cify Attor iey 9/1/2020 n �v c_» ri ✓i CA 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 7829 (Revision: A) Printed on: 9/4/2020