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93-2875 Ordinance ORDINANCE NO. 93-2875 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE CHAPTER 44, ENTITLED "VEHICLES AND TRAFFIC", AMENDING ARTICLE IX, ENTITLED "POLICE VEHICLE TOWING" BY REVISING PROCEDURES FOR AWARDING OF POLICE VEHICLE TOWING PERMITS, SUSPENSION AND REVOCATION OF PERMITS AND APPEALS FROM SUSPENSIONS/REVOCATIONS AND BY INCREASING THE PERMIT FEE PAID TO THE CITY BY PERMITTEES; PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, awarding all police vehicle towing permits at the same time rather than on a staggered basis will improve the effectiveness and efficiency of the selection process; and WHEREAS, the City commission believes that factors such as past performance history, number of years in the towing business, financial stability, and size of Miami Beach vehicle storage facility should be utilized to determine the selection of a permittee when there are multiple qualifying applicants for police vehicle towing permits rather than basing the selection on a lottery drawing as currently required by City Code Chapter 44: and WHEREAS, for more efficient administration, towing of abandoned vehicles should be performed by the same permittees who handle other police tows; and WHEREAS, the procedures for suspension and revocation of police vehicle towing permits need to be updated and clarified. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Amendment of Article IX of Chapter 44. Article IX, entitled IIpolice Vehicle Towingll of Miami Beach City Code Chapter 44, entitled IIVehicles and Traffic" is hereby amended as follows: Article IX. Police Vehicle Towing * * * Sec. 44-55 Same - Consideration of application; grant or denial by recommendation of city manager; award of permitCs). The city manager shall consider all applications for permits under this article and may, if deemed advisable, summon and examine the applicant in regard thereto. Applicants meeting the requirements of this article and such supporting regulations as may be promulgated by the City Manager with approval of the city commission, shall be declared qualified applicants by the city manager. The city manager shall file with the city commission his recommendation as to how many ?ermits should be awarded. whether an applicant is qualified, and to which of the qualified applicants permits should be awarded. In determining the applicant(s) to be recommended for award of a permit the city manaqer shall consider the information furnished by the applicant on the required application forms as well as the following factors: 1) past performance history; 2) number of years of experience in the towing business: 3) financial stability: and 4) size of applicant's Miami Beach vehicle storaqe facility. The city commission shall determine the number of permits to be awarded. and the awardee(s} of the permit(s). In all such cases, a majority vote of the city commission shall be necessary to grant such a permit. Should there be more qualified applicants than permits available in any given year, the permit(s) shall be ~oGigned by lottery ~mong the qu~lified ~pplic~nt3. awarded by the city commission after consideration of the city manaqer's recommendation and the factors set forth in this section. Sec. 44-56. Same - Duration of permits. The ioou~nce of permito on October I, 1980 oh~ll be by lottery ~mong the qu~lificd ~pplic~ntD. The firDt permit 3h~ll be iDoued for ~ four ye~r period, the second permit for ~ three ye~r period, and the third for ~ t'i.'O ye~r period. Upon e){pir~tion of e~oh permit, ~ Each fleW permit may be issued by the City commission for a three year period, pursuant to the provisions of this article; as being ourrently qu~lified ~nd ,.rhooe renew~l io oubject to ~pprov~l by a m~jority vote of the city commiooion except that in order to eliminate the current practice of awardinq such permits for staggered terms. the permit(s) awarded on October 1. 1994 shall be issued for a two year period. 2 See. 44-57. police vehicle towing permits-issuance; fee. ~ Grantees of a permit under this article shall be issued a six-month permit upon payment of a fee of ten thous~nd fifteen thousand dollars payable prior to the commencement of the permit period, and upon satisfactory proof of compliance with other applicable provisions of this article and such supporting regulations as may be promulgated by the city manager. A six-month renewal fee of ten thouD~nd fifteen thousand dollars shall be paid to the city no later than 12: 01 A.M. on the first day of each renewal date during the term of the permit. The six-month periods shall commence on October first and April first of each year. Failure to remit timely payment shall result in automatic forfeiture of the permit and the applicant shall be prohibited from applying for another permit for a four-year period. In the event the permit holder defaults or forfeits permit, all fees paid by the permit holder will be forfeited, and become the property of, and will be due and owing to the city. One or more permito for ~b~ndoned "Jehic1e tor.ting oh~ll be iDDued purou~nt to competitive bidding ~ith no permit fee ~nd ~ unit price for e~ch ~b~ndoned vehicle towed, p~id to the city. . . . See. 44-61. Same Suspension/revocation of permits; appeals. Revooation, appeal of revooation. Each awardee of a permit pursuant to this article shall comply at all times with the Administrative Rules and Regulations for Police Towing Permit as amended from time to time and with all applicable city. county. state and federal ordinances. regulations and statutes. The city manaqer or his designee may suspend or revoke a permit for failure to complY after holdinq a hearinq in accordance with the procedures for suspension/revocation of occupational licenses as set forth in sections 20-44 of this code. The proviDions of Article II, Ch~pter 20 of the Code Dh~ll ~pply in all revoc~tionD of permito except th~t the city m~n~ger m~y, upon reoeipt of evidence and inveDtig~tion of o~me th~t the permit holder h~D f~iled to perform under the permi t ordin~nce or the 3 Adminiotr~ti'Je nuleo ~nd negul~tiono, 3u:Jpend the permit for ~ period of not more th~n thirty d~yo '.lith no reduction in the permit fee re~Doigning ouch \:orJc, ~o m~y h~'/e been due the ouopended permi t holder to the rem~ining permit holden:; . TheDe ~dminiDtrative suopen:Jiono ohall be fin~l. The permit fee shall not be reduced durinq periods of suspension and such work as may have been due the suspended permit holder may be assiqned instead to the remaining permit holder(s). 8uspen:Jion for c~use two timeD during ~ny 180 d~y period oh~ll reoult in permit revoc~tion procedureo. ~o defined in Article II of this ch~pter. Appeals from a suspension or revocation pursuant to this section shall be to a court of appropriate iurisdiction in accordance with the Florida Rules of Appellate Procedure. * * * section 2. Repealer. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. section 3. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. section 4. Effective Date. This Ordinance shall take effect on the 2nd day of October , 1993. day of September , 1993. / A<(i .~~ ~YOR / PASSED and ADOPTED this 22nd ATTEST: /--es \ <:.~ '-...-::> { 'LJ-",--o..,"',A::-l- L. \dv-\~ CITY CLERK 1st reading 9/8/93 2nd reading 9/22/93 \.. / // t..../' SWS:scf:disk5\polictow.ord FORM APPROVED LEGAL DEPT. By ~~ Date 5/.()<;:,. ~-50-~S 4 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 5/~- 93 TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 22, 1993 FROM: Roger M. CarttJ\ .. (\ J City Manage~ SUBJECT: RECOMMENDATION TO AMEND MIAMI BEACH CITY CODE CHAPTER 44, ENTITLED "VEHICLES AND TRAFFIC", AMENDING ARTICLE IX, ENTITLED "POLICE VEHICLE TOWING" BY REVISING PROCEDURES FOR AWARDING OF POLICE VEHICLE TOWING PERMITS, SUSPENSION AND SUSPENSIONS/REVOCATIONS AND BY INCREASING THE PERMIT FEE PAID TO THE CITY BY PERMITTEES. ADMINISTRATION RECOMMENDATION: The Administration recommends to amend Miami Beach City Code Chapter 44, entitled "Vehicles and Traffic", amending Article IX, entitled "Police Vehicle Towing" by revising procedures for awarding of police vehicle towing permits, suspension and revocations and by increasing the permit fee paid to the City by permittees from $10,000 to $15,000, every six (6) months. One towing permit (Tremont Towing), expires September 30, 1993. The ordinance is attached hereto. Approve on second reading, the first reading was on September 8, 1993. BACKGROUND: Currently, all awarded police vehicle towing permits are done on a staggered basis; however, it would be more advantageous to the City to award all permittees at one time. Factors such as past performance history, number of years in the towing business, financial stability, and size of Miami Beach vehicle storage facility should be used to determine the selection of a permittee when there are multiple qualifying applicants for police vehicle towing permits rather than basing the selection on a lottery drawing as currently required by City Code Chapter 44. ANALYSIS: The present Ordinance requires separate permits for towing abandoned vehicles. Awarding of all police vehicle towing permits to the same company is more manageable and efficient. The Request For Proposal will provide for a competitive process for the towing of abandoned vehicles. Continued. . . 78 AGI~~~~R - 3 - I DATE q-~~-q3_ COMMISSION MEMORANDUM PAGE TWO SEPTEMBER , 1993 The procedure for the suspensions/revocations needed to be updated and clarified. This will give the City Manager more control in the event the need dictates. CONCLUSION: The changes in the attached Ordinance provide for a more controllable and responsive towing contract. Removing the staggered terms allows for the contract to be consistent when changes are required. In contrast to the lottery approach, changing the proposed method of selection will take into consideration all conditions that directly impact the Miami Beach community. In order to have a more efficient administration, towing of abandoned vehicles should be performed by the same permittees who handle other police tows. The procedures for suspension and revocation of police vehicle towing permits need to be updated and clarified. The recommended changes to Chapter 44 achieve these objectives. l' RM~Cd Attachment 79