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Ordinance 1116 ORDINANCE NO. 1116 AN ORDINANCE AMENDING SECTION 35. 53 OF "THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 1950" . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1: Section 35.53 of "The Code of the City of Miami Beach, Florida, 1950" , reading as follows : "Sec. 35.53 BOND, INSURANCE OR CASH DFPOSIT REQUIRED It is hereby declared unlawful for any permittee or person to drive or operate any motor vehicle or allow the same to be driven or operated in the city unless such permittee shall have given, and there is in full force at all times while such motor vehicle is being driven or operated , on file, or proof thereof satis- factory to the city council, in the office of the city manager, a bond for each such motor vehicle in the penal sum of five thousand dollars for injury to any one person; ten thousand dollars for injuries to more than one person in the same accident, and one thousand dollars property damage in any one accident, with a reliable and responsible corporate surety company regularly and generally engaged in the conduct of the business of a surety company, as surety, which surety shall have been approved by the city council and which bond shall be payable to the city, and which shall inure: 1. To the benefit of any passenger in such motor vehicle who may receive bodily injuries , and to the heirs , or legal representatives, of any passenger who may suffer death by reason of the negligence or misconduct on the part of the permittee or driver of such motor vehicle; 2. To the benefit of any individual who may receive bodily injuries and to the heirs , or legal representatives of any individual who may suffer death by reason of the negligence or misconduct on the part of the permittee or driver of such vehicles ; 3. To the benefit of any individual who may sustain damage by reason of any injury to his property by reason of the negligence or misconduct of the per- mittee or driver of such motor vehicle ; provided , however , in lieu of giving such bond any permittee, before permitting anyone to drive or operate any motor vehicle or permitting the same to be driven or operated, may procure and file with the city manager a policy of liability insurance on each motor vehicle so operated with a reliable and responsible corporate insurance company regularly and generally engaged in the conduct of a business of an insurance company satisfactory to the city council insuring the per- mittee in the sum of five thousand dollars for injury to any one person; ten thousand dollars for injuries to more than one person in the same accident and one thousand dollars property damage in any one accident. It is further provided, that if more than ten and not more than seventy-five motor vehicles are owned, controlled and operated by any one per- mittee, such permittee in lieu of the aforemen- tioned bond or liability insurance policy covering each motor vehicle owned, controlled and operated by such permittee as herein provided, may keep at all times on deposit with the city a minimum of ten thousand dollars in cash, or may file with the city manager a primary blanket bond or liability insurance policy, or proof thereof satisfactory to the city council, under which the underwriters shall be liable for ten thousand dollars net loss as a result of any one accident or a series of accidents arising out of one event, of a company, approved by the city attorney and the city council, regularly and generally engaged in such business , and such permittee in addition to the minimum of ten thousand dollars kept on deposit with the city, or primary blanket bond or: liability insurance policy filed with the city manager , shall file with the city manager an excess indemnity bond or lia- bility insurance policy, or proof thereof satisfac- tory to the city council, of a company, approved by the city council, regularly and generally engaged in such business , under which bond or insurance policy the underwriters shall be liable for the ex- cess of tenthousand dollars net loss as a result of any one accident or series of accidents arising out of one event and up to one hundred thousand dollars of excess. The bonds or liability insurance policies provided for in this paragraph shall be blanket bonds or liability insurance policies covering all motor vehicles operated by such permittee, which shall pro- vide for the payment of all final judgment recovered by any individual on account of the ownership, opera- tion, maintenance or use of any such vehicle or any default in respect thereto and shall be for the bene- fit of every individual suffering loss , damage or injury aforesaid . This section is intended to cover the operation by the permittee of not to exceed seventy- five motor vehicles , and , in the event such per- mittee owns , controls and operates more than seventy-five motor vehicles , such permittee shall give and file with the city manager a bond or lia- bility insurance policy, or proof thereof satisfac- tory to the city council, or deposit cash with the city, as provided for in this section, for each additional group of seventy-five or less than seventy-five motor vehicles , as in the first instance for the first group of seventy-five or less than seventy-five motor vehicles owned, controlled and operated by the permittee. No permit shall be issued for the operation of a motor vehicle unless a bond or insurance policy as provided for herein shall have been sub- mitted to and approved by the city attorney and city council." be and it is hereby amended to read as follows : -2- Sec. 35. 53 BOND, INSURANCE OR CASH DEPOSIT REQUIRED. It is hereby declared unlawful for any per- mittee or person to drive or operate any motor vehicle or allow the same to be driven or operated in the city unless such permittee shall have given, and there is in full force at all times while such motor vehicle is being driven or operated, on file, or proof thereof satisfactory to the city council, in the office of the city manager, a bond for each such motor vehicle in the penal sum of Ten Thousand Dollars for injury to any one person; Twenty Thousand Dollars for injuries to more than one person in the same accident, and One Thousand Dollars property damage in any one accident, with a reliable and responsible corporate surety com- pany regularly and generally engaged in the conduct of the business of a surety company, as surety, which surety shall have been approved by the city council and which bond shall be payable to the city, and which shall inure : 1. To the benefitof any passenger in such motor vehicle who may receive bodily injuries , and to the heirs , or legal representatives, of any passenger who may suffer death by reason of the negligence or misconduct on the part of the per- mittee or driver of such motor vehicle; 2. To the benefit of any individual who may receive bodily injuries and to the heirs , or legal representatives of any individual who may suffer death by reason of the negligence or misconduct on the part of the part of the permittee or driver of such vehicles; 3. To the benefit of any individual who may sustain damage by reason of any injury to his property by reason of the negligence or misconduct of the permittee or driver of such motor vehicle. Provided , however , in lieu of giving such bond any permittee, before permitting anyone to drive or operate any motor vehicle or permitting the same to be driven or operated, may procure and file with the city manager a policy of liability insurance on each motor vehicle so operated with a reliable and responsible corporate insurance com- pany regularly and generally engaged in the conduct of a business of an insurance company satisfactory to the city council, insuring the permittee in the sum of Ten Thousand Dollars for injury to any one person; Twenty Thousand Dollars for injury to more than one person in the same accident and One Thousand Dollars property damage in any one accident. It is further provided, that if more than ten and not more than seventy-five motor vehicles are owned , controlled and operated by any one per- mittee, such permittee in lieu of the aforementioned bond or liability insurance policy covering each motor vehicle owned , controlled and operated by such permittee as herein provided , may keep at all times on deposit with the city a minimum of Twenty Thou- sand Dollars in cash, or may file with the city -3- manager a primary blanket bond or liability insurance policy, or proof thereof satisfactory to the city council, under which the underwriters shall be liable for Twenty Thousand dollars net loss as a result of any one accident or a series of accidents arising out of one event, of a company, approved by the city attorney and the city council, regularly and generally engaged in such business, and such permittee in addition to the minimum of Twenty Thousand dollars kept on deposit with the city, or primary blanket bond or liability insurance policy filed with the city manager , shall file with the city manager an excess indemnity bond or liability insurance policy, or proof thereof satisfactory to the city council, of a company, approved by the city council, regularly and generally engaged in such business , under which bond or insurance policy the underwriters shall be liable for the excess of Twenty Thousand dollars net loss as a result of any one accident or series of acci- dents arising out of one event and up to One Hundred Thousand dollars of excess. The bonds or liability insurance policies provided for in this paragraph shall be blanket bonds or liability in- surance policies covering all motor vehicles operated by such permittee, which shall provide for the payment of all final judgment recovered by any individual on account of the ownership, operation, maintenance or use of any such vehicle or any default in respect thereto and shall be for the benefit of every individual suffering loss , damage or injury aforesaid . This section is intended to cover the operation by the permittee of not to exceed seventy- five motor vehicles , and , in the event such per- mittee owns , controls and operates more than seventy-five motor vehicles , such permittee shall give and file with the city manager a bond or lia- bility insurance policy, or proof thereof satisfac- tory to the city council, or deposit cash with the city, as provided for in this section, for each additional group of seventy-five or less than seventy-five motor vehicles , as in the first instance for the first group of seventy-five or less than seventy-five motor vehicles, owned , con- trolled and operated by the permittee. No permit shall be issued for the opera- tion of a motor vehicle unless a bond or insurance policy as provided for herein shall have been sub- mitted to and approved by the city attorney and city council." SECTION 2: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTIONS: This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 16 day of june , 1954. /Li/r/ f.i+ket_. _x/41 / ATTEST: �,. ay C. W. mlinson, City Clerk By , -- ,- Of Deputy Ci Clerk 1st reading - June 2, 1954 2nd reading - June 2, 1954 3rd reading - June 16, 1954 POSTED - June 17, 1954 f 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. 1116, entitled: "AN ORDINANCE AMENDING SECTION 35.53 OF 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, 19501 ", 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 Hall in said City on the 17th day of June, 1954, 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 21st day of July, A. D. 1954. C. W. To linson, City Clerk By/, f Deputy City Jerk -ffl-CS'F-'• Y• 0C 0 CD ti O p n • N Pi 0 Z 00 t N 0 0 fs 0 H ai fU W P. • H 5ct � H : o ct r'br4 0