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,
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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.
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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
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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
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