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Ordinance 986 ORDINANCE NO. 986 AN ORDINANCE AMENDING SECTIONS 35.3, 37.4 and 35.5 of "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950" . BE IT ORDAINED BY THE CITY COUNCIL Orr' THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: That Section 35.3 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows: "Sec. 35.3 . SAME - TIME OF FILING AND CONTENTS OF APPLICATION. All applications for ,such certificates of public convenience and necessity must be prepared in writing, sworn to, and filed by the applicant, or his duly authorized attorney, or agent, if a natural person, and by the proper officer thereof if the applicant is a corporation, and if the applicant is a partner- ship or association, by a member thereof, with the City Clerk, and application shall specify the follow- ing matters, to-wit: The name, age, residence,length of time he has resided in the City, where and by whom employed for the previous five years, residence for the previous five years, if other than the City, if, andunder what circumstances, applicant has been arrested or charged with the com- mission of any crime, if, and under what circumstances, he has been involved in any accident causing damage to persons, or property of another, if applicant is a natural person; if a corporation, its name, date of incorporation, the names of its officers, and directors, and their place of business; if a partnership or association, the business name of the partnership or association, and the names of the partners or persons comprising u e association, which last-named class is to furnish the information required of a single appli- cant, with residence and business address of each part- ner and member of the association. Each and every individual applicant and each partner or member of any partnership, or association, shall furnish with his application a photograph showing an exact likeness of the applicant, together with fingerprints, and all other information of description and identity as may be required by the City Clerk." SECTION 2 : That Section 35.4 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows: "Sec. 35.4. SAME - CO!.SIDE iA`T'ION OF ISSUANCE; COQ TENTS; TRANSFERABILITY. Upon the filing of the application for a certificate of public convenience and necessity, the City Clerk shall forthwith report the same to he City Council, -1 - OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA and the City Council shall thereupon fix a time for the hearing of such application, which shall not be less than five days, nor more than thirty days subsequent to October 1st of the year in which the application is filed, and no application shall be granted or a certificate of public convenience and necessity issued without a hearing by the City Council, and notice of such hearing shall be given to the applicant at least five full days prior to such hearing, which notice shall cite the fact of the filing of such appli- cation, and the time and place of hearing of same, which notice shall be mailed by registered mail at least five days prior to the time for such hearing, to the address given in the application. At the time specified in the notice,a public hearing upon the a,plication shall be held by the City Council and at or after such hearing the Council, in its exclusive discretion, may issue a certificate of public convenience and necessity as applied for, or refuse to issue the same, or may issue the same with modification or upon such terms and conditions as in its judgment the public convenience and neces- sity may require, provided, that in granting applica- tions for the certificate the Council may take into consideration the length of time the applicant has operated for-hire automobiles, the general standard of the service maintained during such period, the reliability of the applicant and his sense of res- ponsibility toward the public as well as other matters tending to qualify or disqualify him as a common car- rier. Each certificate of public convenience and necessity issued under the provisions of this article shall contain the matters set forth in the application for such certificate as well as such additional provisions and limitations as the City Council shall deem necessary and proper. certificate issued under the provisions of this article may be assigned or transferred without the consent and authorization of the City Council. Such certificates as shall be in force and effect on the First day of June, 1951, or which shall be there- after issued, shall remain in full force and effect from the time of the issuance thereof until the same be revoked in whole or in part, or suspended, altered or modified, in accordance with the provisions of Section 35.5. " SECTION 3 : That Section 35. 5 of "The Code of the City of Miami Beach, Florida, 1950" be and the same is hereby amended to read as follows: "Sec. 35.5. SAME - St7SPE116ION, ALi'ERATlCJ , etc; EFf'ECT ON PERMIT. The City Council may at any time for good cause shown after due notice has been given to the grantee of any certificate of public convenience and necessity and an opportunity to be heard, suspend, alter, revoke or amend any certificate granted under the provisions of this article, and such suspension, alteration, revocation or amendment shall therefore automatically suspend, revoke, alter or amend the permit issued. -2- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA Every certificate of public convenience and necessity shall be subject to revocation at any time by the City Council upon hearing, when it shall ap- pear that the holder thereof has failed or neglected for a continuous period of one year to render the service provided for thereby." SECTION l+: All ordinances or parts of ordinances in con- flict herewith are hereby repealed. SECTION 5: This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 5th day of September, A. D. 1951. Mayor ` Attest: _ City Clerk 1st reading - August 151 1951 2nd reading - August 15, 1951 3rd reading - September 5, 1951 Posted - September 5, 1951 -J- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA STATE OF FLORIDA COUNTY OF DADE: I, C. W. TOMLINSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 986, entitled: "AN ORDINANCE AMENDING SECTIONS 35.3, 35.4 and 35.5 of "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950", having been passed and adopted by the City Council of the City of Miami Beach, Florida, has been posted by me in three conspicuous places in the City of Miami Beach, one of which was at the door of the City Hall in said City on the 5th day of September, A. D. 1951, and that said Ordinance remained posted for a period of at least thirty days in accordance with the requirements of the City Charter of the said City of Miami Beach. IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Miami Beach, Florida, on this the 23rd day of October, A. D. 1951. City Clerk w H .1-I 4-I =n q.) O m co O� acne • +) z U ''d 0 W H 0 •H 0 4 >~ 0 N tom'' 4-3 H 1 0 b.. g 1-1 • O N •