Ordinance 1003 ORDINANCE NO. 1003
AN ORDINANCE AMENDING SECTION 35.4 OF "THE CODE
OF THE CITY OF MIAuI BEACH, FLORIDA, 1950" .
BE IT ORDAINED BY THE CITY COUNCIL OF TI3E CITY OF MIAMI BEACH,
FLORIDA:
SECTION 1: 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:
"SECTION 35.4: SAME - CONSIDERATION OF ISSUANCE;
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 ndtice 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 leas+ 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 necessit 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 con-
venience 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 relia-
bility 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 con-
tain 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 trans-
ferred without the consent and authorization of the
City Council . "
SECTION 2: All ordinances or parts of ordinances in conflict here-
with are hereby repealed.
SECTION 3: T his ordinance shall go into effect immediately upon
its passage and posting as required by law.
PASSED and ADOPTED THIS I, tr_ day of January A.D. ,
1952.
Mayor
Attest : F
City Clerk
1st reading - January 9, 1952
2nd reading - January 9, 1952
3rd reading - January 16, 1952
POSTED - January 16, 1952
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 . 1003, entitled: "AN ORDINANCE AMENDING SECTION 35.4 OF
'THE CODE 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 16th day of January, A.D.
1952, 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 5th day of March, A.D. 1952.
City Clerk
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