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Home My WebLink AboutO-12285J-02-800 10/2/02 ORDINANCE NO. 122 8.5 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE, TOWING AND IMMOBILIZATION OF MOTOR VEHICLES, TOWING," BY AMENDING DIVISION 2 TO CLEARLY REFLECT ITS APPLICATION TO THE NONCONSENSUAL TOWING OF VEHICLES FROM PRIVATE PROPERTY AND BY ADDING DIVISION 4, POLICE TOWS, SETTING THE MAXIMUM TOW RATES ALLOWED BY THE CITY FOR POLICE DISPATCHED TOWING AND WRECKER SERVICE FOR PRIVATE VEHICLES AND SETTING AN ADMINISTRATIVE FEE IN THE AMOUNT OF $25 AND TO RATIFY AND CONFIRM ANY ADMINISTRATIVE CHARGES INCLUDED IN THE MAXIMUM TOWING FEES INCLUDED IN ANY CONTRACT OR AGREEMENT IN EFFECT IN THE CITY OF MIAMI; FURTHER DECLARING THE ADMINISTRATIVE FEE TO BE LEGAL AND VALID AND TO RATIFY, VALIDATE AND CONFIRM IN ALL RESPECTS THE ADMINISTRATIVE FEES IMPOSED PRIOR TO THE ADOPTION OF THIS ORDINANCE; MORE PARTICULARLY BY AMENDING SECTIONS 42-110 AND 42-119 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. of Miami, Florida, Chapter 42/Article IV of the Code of the City as amended, is amended in the following r particulars:'/ "Chapter 42 POLICE Article IV. Towing and immobilization of Motor Vehicles DIVISION 2. Nonconsensual Towing of Motor Vehicles From Private Property Sec. 42-110. Maximum towing and storage rates for nonconsensual towing of vehicles from private property. Division 4. Police Tows Sec. 42-119. Maximum towing and storage rates for Police dispatched towing and wrecker service for private vehicles. (a) Towing rates per wrecker class. Towing rates set forth in' this section shall be posted in easily readable form at the customer's point of payment. The following rates are the maximum allowable for Police dispatched towing and wrecker service for private vehicles. The applicable rates shall depend upon the requirements of the towed vehicle, rather than the actual wrecker class utilized. Base rates shall include hookup, unlocking door, if necessary, and towing. 1� Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 2 of 4 12285 (1) Class A: a. Base rate $80.00 i. City Administrative Charge $25.00 ii. Mileage Rate -after first 5 miles $ 3.00 per mile (2) Class B: a. Base rate $130.00 i. City Administrative Charge $ 25.00 ii. Mileage Rate -after first 5 miles $ 3.50 per mile (3) Class C: a. Base rate $155.00 i. City Administrative Charge $ 25.00 ii. Mileage Rate -after first 5 miles $ 4.50 per mile (4) Class D: a. Base rate $180.00 i. City Administrative Charge $ 25.00 ii. Mileage Rate -after first 5 miles $ 4.50 per mile (b) It is intended that any administrative fees or charges payable to the City, directly or indirectly, included in the maximum towing fees included in any contract or agreement in effect in the City of Miami be ratified and confirmed at the $25.00 rate for the City Administrative Charge which is set forth above. All acts and proceedings, including enforcement procedures, taken in connection with the imposition of the administrative fee or charge as included in the maximum rates charged for towing in the City of Miami before the date this Ordinance becomes a law are ratified, validated and confirmed, and the administrative fee is declared to be legal and valid in all respects from the date that it was charged, billed or collected. * * * * ff Section 2. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 3 of 4 12285 Section 4. This Ordinance shall become effective IMMEDIATELY after final reading and adoption thereof.21 PASSED ON FIRST. READING BY TITLE ONLY this 11th day of September 2002. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 10th day of October 2002. • /IANUEL A. DIAZ, MAYO ATTEST: PRISCILLA A. THOMPSON CITY CLERK F NQWVILARELLO ATTORNEY W1307:BSS CORRECTNESS V This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 4 of 4 12285 Second Reading Ordina CITY OF MIA CITY ATTORNEY'S OFFI UT �i� �7_ �I�� ►Ti TO: Mayor and Members of the City Commission FROM: Alejandro Vilarello, City Attorney DATE: September 4, 2002 RE: Proposed Ordinance -City Commission Meeting -September 11, 2002 Ratification of City's administrative charge for towing (J-02-800) The attached proposed ordinance provides for an administrative fee of $25 to be included in the maximum fees for towing pursuant to the City of Miami Code. Section 42-110 of the City Code, which includes a fee of $15, has been modified to increase the fee to $25 as previously approved by the City Commission in the City's contracts with the towing companies. The administrative fee will be incorporated into Section 42-110 of the City Code as is required by § 163.043, Fla. Stat. (200 1) and make this ordinance in compliance with the requirements of Florida Statutes. It is intended that this Ordinance ratify and confirm any administrative charges included in the maximum towing fees included in any contract or agreement in effect in the City of Miami. All acts and proceedings, including enforcement procedures, taken in connection with the imposition of the administrative fee as included in the maximum rates charged for towing in the City of Miami before the date this Ordinance becomes a law are ratified,- validated and confirmed, and the administrative fee is declared to be legal and valid in all respects. This item has been submitted for placement on the September 11, 2002 Agenda. W745:BSS Attachment, C: Carlos A. Gimenez, City Manager Priscilla A. Thompson, City Clerk Elvi Alonso, Agenda Coordinator 12285 rte. • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legai Holidays) newspapcir, published at Miami in Miami -'Jade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of P.O. NO. 10919 CITY OF MIAMI - PROPOSED ORDINANCES OCTOBER 10, 2002 in the XXXX Court, was published in said newspaper in the issues of 09/30/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thisadvertisemer publication in the said newspaper. n to and subscribe a this Kd y of MB R D. 2002 (SEAL) MARIA I. MESA O.V. FERBEYR �b1�,1MIb}' MN # CC 885640 �' EXPIRES: March 4, 2004 Bonded Thru Notary Public Undirwiters t � CITY OF"MIAMI-FLORI®Al OTICE OF PROPOSED ORDINANCES Notice is hereby given that the City Commission of the City of Miami„ Florida, will consider the following ordinances on second and final reading I ,on October 10, 2002, commencing at 9:45 a.m., at.the Booker T. Wash- ington Senior High School Auditorium, 1200 N.W. 6th Avenue, Miami, Florida: ORaNANS;F N0, I AN ORDINANCE OF THE MIAMI -CITY COMMISSION AMEND- ING CHAPTER 42, ARTICLE IV, OF THE CODE OF THE.CITY OF MIAMI„ FLORIDA,AS AMENDED, ENTITLED "POLICE, j TOWING AND IMMOBILIZATION OF MOTOR VEHICLES, TOWING," BY AMENDING DIVISION 2 TO CLEARLY RE- FLECT ITS APPLICATION TO THE NONCONSENSUAL TOW- ING OF VEHICLES FROM PRIVATE PROPERTY AND BY `ADDING DIVISION 4, POLICE TOWS, SETTING THE MAXI- MUM TOW RATES ALLOWED BY THE CITY FOR POLICE DISPATCHED TOWING AND WRECKER SERVICE FOR PRI- VATE VEHICLES AND SETTING AN -ADMINISTRATIVE FEE IN THE AMOUNT OF $25 AND TO RATIFY AND CONFIRM ANY ADMINISTRATIVE CHARGES INCLUDED IN THE MAXIMUM TOWING FEES INCLUDED IN ANY CONTRACT OR AGREE- MENT IN EFFECT IN THE CITY'OF MIAMI; FURTHER DE- CLARING THE ADMINISTRATIVE FEE TO BE.LEGAL AND VALID AND TO RATIFY, VALIDATE AND CONFIRM IN ALL RE- SPECTS THE ADMINISTRATIVE FEES IMPOSED PRIOR TO I• THE ADOPTION OF THIS ORDINANCE; MORE.PARTICULAR- LY BY AMENDING SECTIONS 42-110 AND 42-119 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEV- II ERABILITY'CLAUSE; PROVIDING FOR AN IMMEDIATE EF- FECTIVE DATE. ORDINANCE NO. i AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 2/ARTICLE.XI/DIVISION 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED i"ADMINISTRATION/ BOARDS, COMMITTEES AND COMMIS- SIONS/SPORTS- AND EXHIBITION AUTHORITY," TO I CHANGE THE MEMBERSHIP COMPOSITION FROM ELEVEN TO EIGHT MEMBERS,,AND THE NUMBER OF YEARS PER- MITTED FOR CONSECUTIVE _SERVICE AS A MEMBER ON THE MIAMI SPORTS AND EXHIBITION AUTHORITY ' ("MSEA"); DESIGNATING THE CITY MANAGER OR THE DES- IGNATED ASSISTANT CITY MANAGER AS A NON-VOTING EX -OFFICIO MEMBER AND TO SERVE AS MANAGING DI- RECTOR OF MSEA; AND REQUIRING THE EXECUTIVE Dl- -RECTOR OF MSEA TO ATTEND MEETINGS OF -THE GREAT -=I ER MIAMI CONVENTION..BUREAU; MORE PARTICULARLY f BY AMENDING SECTIONS 2-1013 AND 2-1015 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEV- ERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE — ORDINANCE NO:. I AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND; ING CHAPTER 2, ARTICLE XI, DIVISION.14 OF THE CODE OF THE CITY OF MIAMI, FLORIDA", AS AMENDED, ENTITLED . "ADMINISTRATION, BOARDS, COMMITTEES; COMMIS- SIONS, HOMELAND DEFENSE/NEIGHBORHOOD IMPROVE- MENT BOND PROGRAM OVERSIGHT BOARD, TO (1) RE- QUIRE THAT PROJECTS IDENTIFIED BY THE ADMINISTRA- TION ALSO BE MONITORED BY THE BOARD; (2) EMPOWER 1 THE BOARD TO REQUIRE CITY OFFICIALS, VENDORS AND j CONTRACTORS RECEIVING COMPENSATION TO APPEAR BEFORE THE BOARD; AND (3) REQUIRE THAT ALL PRO- JECTS REQUIRING CITY COMMISSION APPROVAL AND US- ING ANY FUNDS DERIVED FROM THE GENERAL OBLIGA- TION BOND APPROVED. NOVEMBER 13, 2001, SHALL BE ; `FIRST SUBMITTED TO THE BOARD FOR ITS REVIEW AND NON-BINDING COMMENT; MORE PARTICULARLY BY J AMENDING SECTIONS 2-1201 AND 2-1203 OF SAID CODE; i ` CONTAINING A REPEALER PROVISION AND ASEVERABILI- 1 TY CLAUSE. Said proposed ordinances may be inspected by the public at the Office', ,of the City Clerk, 3500 Pan AmericamDrive, Miami, Florida; Monday through -Friday, excluding holidays, between the hours of 8 a.m. and 5 p. M. 4 All interested persons may appear at the meeting and may be heard, ,with respect to the proposed ordinances. Should any person desire to ap peal any decision of the City Commission with respect to any matter to bel 'considered at this meeting, that person shall ensure that a verbatim, record of the proceedings is made including all testimony and evidence !upon which any appeal may be based. Fw 93 PRISCILLA A. THOMPSON CITY CLERK t}xr .co ien 96 _ e9e fca,F`o�`9Q (#10919) [9/30 ___�_,____- ____—__— _02_4:76/301.7_19M: