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
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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
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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
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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
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