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Ordinance 1224 ORDINANCE NO. 1224 AN ORDINANCE AMENDING SECTION 35.4 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 : That Section 35.4 of the Code of the City of Miami Beach, 1950 reading as follows : "SEC . 35.4. Same--Hearing; grant or refusal; limitation on number issued; duration; contents, transferability. Upon the filing of the application for a certificate of public convenience and necessity, the City Clerk shall forthwith report the same to the City Council, - 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 and to all holders of existing taxicab licenses at least five full days prior to such hearing, which notice shall cite the fact of the filing of such application, 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, and to the last known addresses of all holders of existing taxicab licenses, and such notice shall be published once in a daily newspaper of the City of Miami Beach, Florida, at least five days prior to tha time for such hearing, which publication shall be paid for by the applicant . At the time specified in the notice, a public hearing upon the application 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 necessity may require, provided, that in granting applications 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 responsibility toward the public, as well as other matters tending to qualify or disqualify him as a common carrier; provided further, however, that no certificate of public convenience and necessity for taxicabs shall -1- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA be issued in excess of one certificate for each three hundred and fifty persons in the city according to the last preceding state or federal census; and provided, that such certificats as shall be in force and effect on the 1st day of February 1952, or which shall be thereafter issued, shall remain in full force and effect from the time of 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 hereof. 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. No certificate may be assigned or transferred without the consent and authorization of the City Council . " be and the same is hereby amended to read as follows : "SEC . 35.4. Same--Hearing; grant or refusal; limitation on number issued; duration; contents; transferability. Upon the filing of the application for a certificate of public convenience and necessity, the City Clerk shall forthwith report the same to the City Council, 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 and to all holders of existing taxicab licenses at least five full days prior to such hearing, which notice shall cite the fact of the filing of such application, and the time and place of hearing of same, which notice shall be mailed at least five days prior to the time for such hearing, to the address given in the application, and to the last known addresses of all holders of existing taxicab licenses, and such notice shall be published once in a daily newspaper of the City of Miami Beach, Florida, at least five days prior to the time for such hearing, which publication shall be paid for by the applicant. At the time specified in the notice, a public hearing upon the application 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 necessity may require, provided, that in granting applications for the certificate, the Council may take into consideration the length of time the applicant has -2- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA operated for-hire automobiles, the general standard of the service maintained during such period, the reliability of the applicant and his sense of responsibility toward the public, as well as other matters tending to qualify or disqualify him as a common carrier; provided further, however, that no certificate of public convenience and necessity for taxicabs shall be issued in excess of one certificate for each three hundred and fifty persons in the city according to the last preceding state or federal census; and provided, that such certificates as shall be in force and effect on the 1st day of February 1952, or which shall be thereafter issued, shall remain in full force and effect from the time of 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 hereof. 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. No certificate may be assigned or transferred without the consent and authorization of the City Council ." SECTION 2: All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3: This ordinance shall go into effect immediately upon its passage and posting as required by law. PASSED and ADOPTED this 15thday of August , A.D. 1956. ) ) /421e Mayor Attest • City C er�c 1st reading - August 1, 1956 2nd reading - August 1, 1956 3rd reading - August 15, 1956 Posted - August 15, 1956 -3- OFFICE OF CITY ATTORNEY - CITY HALL - MIAMI BEACH 39, FLORIDA STATE OF FLORIDA COUNTY OF DADE: I, R. WM, L. JOHNSON, City Clerk in and for the City of Miami Beach, Florida, do hereby certify that Ordinance No. 1224 , entitled: "AN ORDINANCE AMENDING SECTION 35.4 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 15th day of August, A.D. 1956 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 19th day of September A.D. 1956 411 / I AMP 4r City lerk 0 • (D ctctP, (D H I-3 ct m N 0 o p., 0 oq () cD (n F'• N• C3' ct Cn O H Cn c< CJ 0 Ota l7J 0 ct W H S N t- d ''3 P' co 0 R,Zm 0P Octet r •H 1'3 h• (D t$ F' H • WCnrot-31-•TSO N P ct I-3 CO H Sv c H•Ott O (D Fb < UJ N• 0 ¢,• ct P W H O (D '0 c1 0 • H N• Cn G �'� Cn N• C H P cc- t mOHct o i P sz