HomeMy WebLinkAboutO-10537J-88-1042
1/12/89
ORDINANCE NO.
1,0 a3,17
AN ORDINANCE AMENDING CHAPTER 42, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "POLICE", ESTABLISHING MAXIMUM
TOWING AND STORAGE RATES THAT MAY BE CHARGED
BY BUSINESS ESTABLISHMENTS ENGAGED IN THE
PRACTICE OF RECOVERING, TOWING, REMOVING AND
STORING MOTOR VEHICLES WHICH ARE PARKED ON
PRIVATE PROPERTY IN THE CITY WITHOUT THE
PERMISSION OF THE OWNER OF THE PRIVATE
PROPERTY HAVING BEEN GRANTED FOR SAID
PARKING; PROVIDING FOR THE METHODS OF PAYMENT
THEREOF; ESTABLISHING THE TOWING
AUTHORIZATION PROCEDURES AND SANCTIONS FOR
FAILURE TO COMPLY THEREWITH; ESTABLISHING THE
STEPS TO BE FOLLOWED IN THE COURSE OF TOWING
VEHICLES; ESTABLISHING LICENSE FEES MORE
PARTICULARLY AMENDING CITY CODE SECTIONS 42-
74, 42-76, 42-78 AND 42-79 AND ADDING
SECTIONS 42-80 AND 42-81; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 715.07, Florida Statutes, the
City of Miami is authorized to license and regulate business
enterprises engaged in the practice of recovering, towing,
removing and storing of motor vehicles from private property; and
WHEREAS, in addition to the regulations set forth in Chapter
42, Article V of the City of Miami Code, the City is desirous of
establishing maximum towing and storage rates that may be charged
for vehicles towed from private property;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Section 42-74 is hereby amended as follows:I
"Sec. 42-74. Definition.
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
Express instruction means a clear, definite and
explicit oral --or written request by a property owner or
agent to a business enterprise relating to a specific
vehicle which calls for the removal of a specific and
individual vehicle parked without permission of the
property owner. Such agent shall not be an officer or
employee of the business enterprise (as defined
herein). The term "express instruction" shall not mean
a general request unrelated to a specific and
individual vehicle or which precedes in time the actual
parking of a vehicle.
Section 2. Section 42-76 is hereby amended as follows:I
"Sec. 42-76. Nature of and issuances of license
and renewal.
(a) A license issued or renewed pursuant to the
provisions of this article shall not be
transferable from one (1) business enterprise
to another business enterprise. All licenses
shall expire on the thirtieth (30) day of
September of each year following the date of
original issuance. There sha!! be ttoense
s,wu-nuaurea a ii y aoiiars ( upu UU ) annual i v
as a 1;Lcense fee.' -
Section 3. Section 42-78 is hereby amended as follows:1
"Sec. 42-78. Regulation and revocation of
license.
(H) Regulations. No business enterprise licensed
under this article shall:
(5) Recover or tow or remove or store a vehicle except
upon the express instruction and written
authorization demonstrating a signature of the
property owner or agent of the business enterprise
rees i ng the tow or removal. Such agent shall
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
-2-
not be an officer or employee of the business
enterprise (as defined herein). No such
instruction shall be considered to have been given
by the mere posting of the notice requirement of
subsection (8)(4)(a) of this section. No such
instruction shall be considered to have been given
by virtue of the mere terms of any contract or
agreement between a business enterprise and a
property owner. No such instruction shall be
considered to have been given where the
instruction occurs in advance of the actual
unauthorized parking of the vehicle. No such
instruction shall be considered to have been given
where the instruction is general in mature and
unrelated to specific, individual and identifiable
vehicles which are already unauthorizedly parked;
or
Section 4. Section 42-79 is hereby amended as follows:1
"Sec. 42-79. Penalties.
Violations of the prohibitions and regula-
tions of this article shall additionally
constitute offenses and violations of a city
ordinance. Such violations shall be
prosecuted in the county court by the
prosecuting attorney thereof and upon
conviction shall be punished by a fine not to
exceed five hundred dollars ($500.00) for the
first violation; a fine not to exceed one
thousand dollars ($1,000.00) for the second
violation; by a fine not to exceed one
thousand dollars ($1,000.00) or by
imprisonment in the county jail not to exceed
sixty (60) days or by both a fine and
imprisonment for each successive violation.
h Any person who charges a vehicle owner a
towing or storage charge in excess of the
rate described herein is liable to the
vehicle owner for fvar three times the amount
charged.
0-1, Any owner or agent of the business enterprise
Section S. The following new Section 42-80 is added in its
entirety:1
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
"Sec. 42-80. Maximum towing and storage rates.
a. Towing rates per wrecker class.
Towing rates set forth in this article shall be
posted in easily readable form at the customer's
point of payment.
The following rates are the maximum allowable for
towing vehicles from private property. 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) Classes "A", "D" and "0":
(a) Base Rate ...............
(i) Towing Agency......
(ii) City Administrative
(2) Class "B"
(a) Base Rate ...............
(i) Towing Agency......
(ii) City Administrative
(3) Class "C" and "U"
......... $55.00
Charge.. $tO.00 5.00
......... $65.00
. $55.00 60.00
Charge.. $tO.00 5.00
(a) Base Rate ........................ $90.00
(i) Towing Agency ............... $80.00 85.00
(ii) City Administrative Charge.. $tO.00 5.00
The City shall send a monthly invoice to the
business enterprise for payment of the City's
administrative charges. The administrative
charges are due and payable upon receipt of such
invoice. Failure to remit payment of the
administrative charges within fifteen (15) days of
the receipt of the invoice shall result in an
additional charge of five hundred dollars
($500.00). Continued failure to pay the charges
after thirty (30) days of receipt of the invoice
will result in the suspension of the license and
the City may seek additional recourse from the
business enterprise as set forth in Sec. 42.79,
F1a.Stat.
b. Storage Rates.
Daily Rates for vehicle storage are based on a
time period of twenty-four (24) hours day, eat
day OUGbi.-U."L6 at t2eat am.
The initial
twelve (12) hours of storage shall b
without charge. Thereafter, the daily rate shall
apply, according to type of vehicle stored, with
each fraction of a day counting as one full day.
With respect to stolen motor vehicles, the below
daily charges shall not commence until either: (a)
twenty-four (24) hours after the owner of said
vehicle has been personally' notified that the
vehicle is impounded and the location of its
impoundment; or (b) seven (7) days after notice of
such impoundment and location has been sent via
regular mail and via certified mail, return
receipt requested, to the address of the owner as
reflected on the registration or title records of
the state agency having custody of such records,
whichever occurs earlier.
X.0
(1) Any vehicle - First -
twelve (12) hours..................No Charge
(2) Motorcycles - Daily Rate ..... .........$ 4.00
(3) Passenger Vehicles - Daily Rate........ M-00
(up to and including 2/4 ton truck)
(4) Large Vehicles - Daily Rate..... .. ...$-7.50
(including trucks over 3/4 ton, boats
(one charge, with or without trailer),
trailers, eto.)
The above stated towing and storage rates shall
become effective at 12:01 a.m. on ,
1989."
Section 6. The following new Section 42-81 is added in its
entirety:1
"Sec. 42-81. Method of payment.
Persons operating or in charge of any storage
facility where vehicles are stored pursuant to
this article shall accept a valid bank credit card
or cash for payment of towing and storage by a
registered owner or the owner's agent claiming the
vehicle. In addition, persons operating or in
charge of the storage facility shall have
sufficient moneys on the premises to accommodate
and make change in, a reasonable monetary
transaction."
Section 7. All ordinances or parts of ordinances in
conflict with the provisions of this Ordinance insofar as they
are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 8. 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.
Section 9. This Ordinance shall become effective thirty
(30) days after final reading and adopted hereof, pursuant to
law.
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
Im
105111
PASSED ON FIRST READING BY TITLE ONLY this 1,gth day of
December 19 88.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of January 19 89.
XAVIER It.SUAR Z, MAYOR
AT
MXFTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
INDA K: K ARSON
Assistant City Attorney
LKK/pb/M426
APPROVED AS TO FORM AND
CORRECTNESS:
4JOGEtLj. FEIRNANDEZ
City Attor ey
Wc
-•_ -= T- .•=- _ _� WED 1 F. 1 _ L F4 W 3D E P T
CITY OF MIAMI, FLORIDA
{NTER-QFFiCE MEMORANDUM
P _ Ll
TO CeKar H. fldio DArt January 4, 1984 :�16
Citv manager
Att�rfti.7n: SUp►IECT Tgwinq Ordtnanc*
Au el icy P • � .ugones 1 Second Reading
FROM Jei ge I,. Fe andez REFERENCES
City At..t-orn
UVAOSUI.ES .
On December 15, 1988, the City Commissiun approved the
Towing Ordinance on first reading with the inclusion of than(jes
regardinq free storage for the first 24 hours, and $10.00 a day
for storage f.ea.
Tn preparation for second reading, the i,aw Department hnts
made a proposed amendment to make the ordinance consistent with
above mentioned changes. This required a change in storage rater
of large vehicles to $12.00 a day. Also, in order to conform
with Florida Statutes, damages are assessed in a sum of three
timers the amount charged instead of four times such charge.
AV I,/ph/PO 22
27
t it
J-88-1042
12/15/88
ORDINANCE AS PASSED ON
FIRST READING ON 12/15/80
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 42, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "POLICE", ESTABLISHING MAXIMUM
TOWING AND STORAGE RATES THAT MAY BE CHARGED
BY BUSINESS ESTABLISHMENTS ENGAGED IN THE
PRACTICE OF RECOVERING, TOWING, REMOVING AND
STORING MOTOR VEHICLES WHICH ARE PARKED ON
PRIVATE PROPERTY IN THE CITY WITHOUT THE
PERMISSION OF THE OWNER OF THE PRIVATE
PROPERTY HAVING BEEN GRANTED FOR SAID
PARKING; PROVIDING FOR THE METHODS OF PAYMENT
THEREOF; ESTABLISHING THE TOWING
AUTHORIZATION PROCEDURES AND SANCTIONS FOR
FAILURE TO COMPLY THEREWITH; ESTABLISHING THE
STEPS TO BE FOLLOWED IN THE COURSE OF TOWING
VEHICLES; ESTABLISHING LICENSE FEES MORE
PARTICULARLY AMENDING CITY CODE SECTIONS 42-
74, 42-76, 42-78 AND 42-79 AND ADDING
SECTIONS 42-80 AND 42-81; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 715.07, Florida Statutes, the
City of Miami is authorized to license and regulate business
enterprises engaged in the practice of recovering, towing,
removing and storing of motor vehicles from private property; and
WHEREAS, in addition to the regulations set forth in Chapter
42, Article V of the City of Miami Code, the City is desirous of
establishing maximum towing and storage rates that may be charged
for vehicles towed from private property;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Section 42-74 is hereby amended as follows:1
"Sec. 42-74. Definition.
s : s
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
Express instruction means a clear, definite and
explicit ors! or written request by a property owner or
agent to a business enterprise relating to a speoific
vehicle which calls for the removal of a specific and
individual vehicle parked without permission of the
property owner. Such agent shall not be an officer or
employee of the business enterprise (as defined
herein). The term "express instruction" shall not mean
a general request unrelated to a specific and
individual vehicle or which precedes in time the actual
parking of a vehicle.
1. Class A is a one (1) ton wreaker
2. Class B is a one and a half (1 1/2) ton
wrecker
sClass C is a two and a half (2 1/2) ton
4. wrecker
Class D is a Flatbed wrecker
5. Class D is a IInderreach wrecker,
6 Class O is a Cradle Lift wrecker"
Section 2. Section 42-76 is hereby amended as follows:l
"Sec. 42-78. Nature of and issuances of license
and renewal.
(a) A license issued or renewed pursuant to the
provisions of this article shall not be
transferable from one (1) business enterprise
to another business enterprise. All licenses
shall expire on the thirtieth (30) day of
September of each year following the date of
original issuance. There stZtt be ttownSe
�1
1
r
Section 3. Section 42-78 is hereby amended as follows:l
"Sec. 42-78. Regulation and revocation of
license.
(B) Regulations. No business enterprise licensed
under this article shall:
(5) Recover or tow or remove or store a vehicle except
upon the express instruction and written
authorization demonstrating a signature of the
property owner or agent of the business enterprise
rung the tow or removal. Such agent shall
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
-2-
a
1-05,1'7
not be an officer or employee of the business
enterprise (as defined herein). No such
instruction shall be considered to have been given
by the mere posting of the notice requirement of
subsection (8)(4)(a) of this section. No such
instruction shall be considered to have been given
by virtue of the mere terms of any contract or
agreement between a business enterprise and a
property owner. No suoh instruction shall be
considered to have been given where the
instruction occurs in advance of the actual
unauthorized parking of the vehicle. No such
instruction shall be considered to have been given
where the instruction is general in mature and
unrelated to specific, individual and identifiable
vehicles which are already unauthorizedly parked;
or
s
Section 4. Section 42-79 is hereby amended as follows:1
"Sec. 42-79. Penalties.
B., Violations of the prohibitions and regula-
tions of this article shall additionally
constitute offenses and violations of a city
ordinance. Such violations shall be
prosecuted in the county oouxt by the
prosecuting attorney thereof and upon
conviction shall be punished by a fine not to
exceed five hundred dollars (S500.00) for the
first violation; a fine not to exceed one
thousand dollars ($1,000.00) for the second
violation; by a fine not to exceed one
thousand dollars ($1,000.00) or by
imprisonment in the county jail not to exceed
sixty (60) days or by both a fine and
imprisonment for each successive violation.
b. Any person who charges a vehicle owner a
towing or storage charge in excess of the
rate_ described herein is liable to the
vehicle owner for four times the amount
charged.
e. Any owner or agent of the business enterprise
in possession of any private promerty causing
y
the removal of a vehicle arked on that
Section S. The following new Section 42-80 is added in its
entirety:1
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
MC
10537
"Sec. 42-80. Maximum towing and storage rates.
a. Towing rates per wrecker class.
Towing rates set forth in this article shall be
posted in easily readable form at the oustomer's
point of payment.
The following rates are the maximum allowable for
towing vehicles from private property. 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) Classes "A", "D" and "0":
(a) Base Rate ........................ $55.00
(i) Towing Agency....... ...... $45.00
(ii) City AdministrativeCharge.. $10.00
(2) Class "B"
(a) Base Rate ........................ $65.00
(i) Towing Agency....... ...... $55.00
(ii) City Administrative Charge.. $10.00
(3) Class "C" and "II"
(a) Base Rate ........................ $90.00
(i) Towing Agency....... ...... $80.00
(ii) City Administrative Charge.. $10.00
The City shall send a monthly invoice to the
business enterprise for payment of the City's
administrative charges. The administrative
charges are due and payable upon receipt of such
invoice. Failure to remit payment of the
administrative charges within fifteen (15) days of
the receipt of the invoice shall result in an
additional charge of five hundred dollars
($500.00). Continued failure to pay the charges
after thirty (30) days of receipt of the invoice
will result in the suspension of the license and
the City may seek additional recourse from the
business enterprise as set forth in Sec. 42.79,
F1a.Stat.
b. Storage Rates.
Daily Rates for vehicle storage are based on a
twenty-four (24) hour day, each day starting at
12:01 a.m. The initial twenty-four (24) hours of
storage shall be without charge. Thereafter, the
daily rate shall apply, according to type of
vehicle stored, with each fraction of a day
counting as one full day. With respect to stolen
motor vehicles, the below daily charges shall not
commence until either: (a) twenty-four (24) hours
after the owner of said vehicle has been
personally notified that the vehicle is impounded
and the location of its impoundment; or (b) seven
(7) days after notice of such impoundment and
location has been sent via regular mail and via
oertified mail, return receipt requested, to the
address of the owner as reflected on the
registration or title records of the state agency
having custody of such records, whichever occurs
earlier.
-4-
(1) Any vehicle - First twenty-four
(24) hours......... ...............No Charge
(2) Motorcycles - Dailg�Rate...............$ 4.00
(3) Passenger Vehicles - Daily Rate .... 0... $10600
(up to and including 2/4 ton truck)
(4) Large Vehicles - Daily Rate ............ $ 7.80
(including trucks over 3/4 ton, boats
(one charge, with or without trailer),
trailers, eto.)
The above stated towing and storage rates shall
become effective at 12:01 a.m. on ,
1989."
Section 6. The following new Section 42-81 is added in its
entirety:1
"Sec. 42-81. Method of payment.
Persons operating or in charge of any storage
facility where vehicles are stored pursuant to
this article shall accept a valid bank credit card
or cash for payment of towing and storage by a
registered owner or the owner's agent claiming the
vehicle. In addition, persons operating or in
charge of the storage facility shall have
sufficient moneys on the premises to accommodate
and make change in, a reasonable monetary
transaction."
Section 7. All ordinances or parts of ordinances in
conflict with the provisions of this Ordinance insofar as they
are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section S. 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.
Section 9. This Ordinance shall become effective thirty
(30) days after final reading and adopted hereof, pursuant to
law.
PASSED ON FIRST READING BY TITLE ONLY this 15th day of
December 19 88
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 19
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
om
ATTEST:
MATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
LINDA K. KEARSON
Assistant City Attorney
LKK/pb/M426
XAVIER L. SUAREZ, MAYOR
APPROVED AS TO FORM AND
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
Ordinance No. 10537
In the ...... X.. X.. X .......................... Court,
was published In said newspaper in the Issues of
January 31, 1989
Affiant further says that the said Miami Review Is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretof
ore been continuously
published in said 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
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
afflant further says that she has neither aid nor promised any
person , irm or corporation any I n , abate, commission
or re nd for the purpose of s ng IN advertisement for
pub cat in the id newsy
11 f
•S��pwr� �4nifCsu6$cribed before me this
• O \ •i,i
• �L� •
3. y of•..�... Ja LL3Sy..:S _ A.D. 19...89.
....... ... ... .........
• �('� J t chez
3'� • %J PrT611cj* tCof Florida at Large
(SEAL) �i �nn� . • �� ���
My Commis�alJoDCexpfYes.Jrrte 2p, fj)TI.
MR 115
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L
CITY'S .TOTAL ANNUAL DOL`LARVOLUME>'OF ALL
PROCUREMENT'EXPENDITURES TOsMINORiTY1WOMEN ,:
SMALLMSINESSES'SE APPLIED TO ALL CITY OF MIAMI
SIDStAND CONTRACTS,'REVISING:SECTION; 1873'aTQ
PROVIDE THAT ALL,°:CITY-OF; MIAMf INVITATIONS,"
REQUESTS AND/OR "ADVERTISEMENTS FOR BID5;
PROPCISALS,'CIUOTES, LETTERS "OF INTEREST`AND/OR k`'.
QUALIFICATION STATEMENTS•`CONTAIN THE`,APPROVEp
MIND.RITYIWOMEN'.BVSINESS>ENTERPRISE'(MIWBE)` t
PARTICIPATION °REQUIREMENT&PURSUANT, TO; CIMY OF, 1
MIAMI ORDINANCE+NO, 1(X)82"==MINORITYIWOMEN BUSK ".
;NESS'.AFFA'IRS AN:D"P.ROCUREMENT•PROGRA•M';
REQUIRING THAT ALL'RESULTING' AWARD `AND/ORzCON-
JRACT, DOCUMENTS; CONTAIN, THE%REQUIRED=COMPLI=
ANCE "FgRMS„RELATIVE -THERETO; ;REVI$ING,SECTION > , r
18.73(5) ,TOE. EXPAN D":UPON ;THE?"AFFI,RMATiVE-ACTION
REQUIREMENTS FOR=AWCITY BIDS '.ANp'CONT.RACT$;
ADDING SECTION;",18-76'AUTHORIZINGIADMINI6T,RATIVE t
DEPARTMENT$ TO ESTABLISH THE'REQUIRED^AQjtI(IL�IS, k
...,:
TRATIVE PROQEDURES TO- INSURE,:COMPLIANCE WITH
THE.CODE, FURTH9R;'PROVIDJNR F9R'RESOLUTIOkQ,F
DISPU?ES REGARpINQ WITHHELD PAYMENTCDf� CONr
TR'ACTORB AND SUBCONTRACTOR$xANDF.URTIiER
ADDING SECTION,18.77 pESIGALATING T}IE DIRECTOR QF�
THE OFFICE DF M/WBE AFFAIRS AS;-T CITY�QF�FICI4-il
RESt t ¢IBI-E FORE$TABLISFiINR ANp IMPLFMENTIROW3
MlW:B:E4 4lO>AN DOfDNT,f;A3T,1 PI�RTIOCIPASTI
REAlI1REME.NT.,�,�O,IMPLIANCJs G�!ll�,�t,11��;3,Ni��',.
MONITVRlg4ANDyEP+DI�TINO'RQOEDU#$,�h,
cDNTAINlN�� FR��IR �rA 13v>T� ,
,
ITYCLAU( , 5 P%1sp"! of xF n¢th` a ' lea �yi WNO
y e r3„{ ha'r sAi9 tt
QRDINANCR N0,1Q6$li ' tfid
r 'Flo
ORDINANCE N0:10640
AN ADINANCIR.REQU1RiNG THAT ANY FUTURE (,EASES
OF CITY OWNED PROPERTY TO RRIVATE OIrU88 AND
ORGANIZATIONS CONTAIN PRESCRIBED LANGUAGE IN
THE LEASE: AGREEMENT AS SET FORTH IN THIS.
ORDINANCE, WHICH LANGUAGE MANDATES ADOPTION
AND IMPLEMENTATION OF AN AFFIRMATIVE ACTION PLAN
BY SUCH CLUB OR ORGANIZATION, SAID PLAN TO RESULT
IN PARTICIPATION .BY MINORITIES IN CLUB OR
ORGANIZATION MEMBERSHIP ANp ACTIVITIES; ALSO;
REQUIRING THAT SUCH FUTURE LEASE AQREEMSNTS ' ,
INCORPORATE THE PROVISIONS OF ORDINANCE NO.
1002 RELATED TO MINORITY PROCUREMENT THEREBY
MANDATING THE ADOPTION AND IMPLEMENTATION OF
THE ANNUAL GOAL 'OF FIFTY-ONE PERCENT (51 %)
PAINORITYWOMEN BUSINESS °ARTICIPATION' IN THE
'.11. vnu1NANUE AMENDING,
"SEC
COLLEL°TifSN. $ERVICI=S, �:f51�1'I
MIAMI REVIEW LOCATI 8. ANO HAOTIR'92'rl�t
LtSCATIbN", OP CHAPTER �'�;Uf
TRA$H", OF THE bObLOft'f 1511
Published Daily except Saturday, Sunday and AS AM&M, to PAOVIA WHAT;
Legal Holidays UNb9A THIS dHAPUPI GIVE .114
Miami, Dade County, Florida. ton :PA1 A WAITTSN. NOTIL'`E''Y91=
01WONfINUE `S1:fiVI610 A'66
TATE OF FLORIDA MRNT AWTHAT MOTE HAULtAl
OLINTY OF DADE: NOTICE Oi D119060NOANOtO"I
Before the undersigned authority personally appeared AFFE3TEb.CCIMME CIAL ES`Af
AMWING'$t1f3I� C 16N 99•39(d)
-cteima V. Ferbeyre, who on oath says that she is the ENTiTLEb."ENPOftE'NIENi IrNf! A
upervisor of Legal Advertising of the Miami Review, a daily T6 PROViI9 THAT, bommegdIA
;xcept Saturday, Sunday and Legal Holidays) newspaper, WASTE ;CIOLLSCTItl.l;E VICE;SH,
ublished at Miami in Dade County, Florida; that the attached AbMINI$TRATIVE1EEOH250aI0PE
opy of advertisement, being a Legal Advertisement of Notice REPEALIEA AOV) IONAND A,SW
the master of '01161NANCIE NCI,
CITY OF MIAMI ANOi�DWAA CEAi ENANG8E`t3 b
Ordinance No. 10537 NO, 1052t,,Ab0PT>i�i-NdVEMIb&,.
IMPROVEMENT APOROPAIATIO
INCREASINtl 'I ICiiERE �00A6PAIATiON'
$AWTAfiY'SEVS; PAbACT NO,_s
OF.S bs;ot)b; sCONTAINING A Rr pt
A &MRAOILITY W'UBE
ORDINANCE NO;
i the ......X.. X, X .... • .................... • Court, AN CIRbINA'NdI AMENDING CHAR
:as published in sold newspaper In the Issues of OF THE CITY OF-MtAlulf, FLORIDA
TLED "f?OL1Ct", ESTAI�LISHINi�>°I��
$TORAC#E •RATES f'IAT`MAY SE tit
ESTABLISHMENTS `ENGAdF_b`4
January 31, 1913 9 RECOVERING, TgWI> 0 AEMbVING
VEHiC 'ES`WHICH'AR" ARKED O
Atflant further says that the said Miami Review Is a iN THE CITY1WITHb&-4HE PERMIT
,ewspa er published at Miam► In said Dade County, Florida, OF`iN 'PRfVATE Ft tOpERTY-HAVINI
nd that thsaid newspaper has heretofore been continuously $i1ID PARIZINGi P.EiiVIDfNG I'OI
•ublished In said Dade County, Florida, each day (except PAYMENT ThIEREOFI"E$TABLI�
aturday, Sunday and Legal Holidays) and has been entered as "AUTHORiZATION?-PRCICEC►URES;A
econd class mall matter at the post office in Miami In said FAILURE TO I O14�IyL-Y'THEREWIiTF
lads County, Florida, for a period of one year next preceding
he first publication of the attached copy of advertisement; and $TEP$ TO BE `FOLLOWED IN THE
-fflant further says that she has neither aid nor promised any gVENICLESI EBTiC L'f$NING"Lli
arson , Irm or corporation any 1 n , abate, commission
•r re , for the purpose of a ng lhi advertisement for PARTit'+�LARLY'Af1AENi�ING;CiTY;C
•ub cat in the ►d newap 42 76; 42 78 AND'4217+�ANO ADDING
42.81, CONTAINING AFiE%EALER P
ERABiLITY CLAUSE; 0A6VIbING FOI
ff. _ ORDINANCE
AN ORDINANCE AMENt)iNG CH,
�.���.v , • • r Irr gniKsu6gcribed before me this "FINANCE", OFTHE CODE OPTHE
�'�• • • fj'C°•� R '� IDA; AS`AMENDED, BY• REDEFiMWO
3. y of•.. ... Ja .t erry.. .., A.D. 19...a9 AND WOMEN-OWNEb'?BUSINaW
:DEFINING _THE TERW",VENOOR
REQUIRING`:IN SECTION 3:1&72'
�('� d .. chef AWARDING=AY LEASTFIFTY ONE P1
��. !b Pr261►c� t of Florida at Large CITY'S' TOTAL' ANNUAL DOLIA
Q PROCUREMENT EXPENDITURES'1
SEAL) ��'.�� . • • •�� .�� SMALL`=BUSINESSES BE APPLIED 1
Ay Comgli X.
kes.JrrIle >r .
' t'tiBlOSrANO CONTRACTS REVISIN
AR 115 �����tr�fR,prp;N`PROVIDE THAT ALL':C1TX.OF: A
REQUESTS=ANDIOA ••;ADVERTIS.
PROPOSALS,', OTES,` LETTERS=C
QUALI1=iCATiON'tSTATEMEN;iS; C0
MINORITY/WOMEN r;, BUSINESS:':E
t: PARTICIPATION^ REQUIREMENTS:: PI
MIAMI ORDINANCE,,NO' 10082 ="MII
NESS!AFFAIRS ANO'iRRO:GUR
REQUIRING THAT ALL°:RESULTING`
,.,,:TRACT?DOCUMENTSaCONTAIN TH
AN6E'fORMS RELATIVE'THERETO
=18 73' -; -,TOG::EXPAND"vUPt�N •Tkt",�
AN ARD)NANCE REQUIRING THAT, ANY:'iFUTURE-LEASE$
OF CIT.V. OWNED PROPERTY :.T PRIVATE, CLUBS AND
ORGANIZATIONS,GONTAIN PRESCRIBED-,LANGU,AGE',iN
.THE .LEASE. AGREEMENT AS SET'FORTH,AN .THIS.',
ORDINANCE, WHIc LANGUAGE MANOATES ADOPTION .
AND iMQLEMENTATIQN OF AN AFFIRMATIVE ACTION'PLAN
BY SUCH CLUB OR ORGANIZATION,, SAID; PLAN TO, RESULT
iN PARTICIPATiON BY MtN'ORITIES `IN- CLUB OR.
ORGANIZATION MEMBERSHIP ;AND ACTIVITIES;'ALSO,
REQUIRING THAT SUCH; FUTURE.:LEASE AGREEMENTS ' . .
INCORPORATE THE -PROVISIONS OF', ORDINANCE NO,
10062 RELATED TO.;MINORITY PROCUREMENT THEREBY
MANDATING THE ADOPTION AND IMPLEMENTATION OF
THE ANNUAL GOAL 'OF. FIFTY-ONE, PERCENT 01 %) , .
MINORITYMbMEN BUSINESS PARTICIPATION IN ,THE, .
PROCUREMENT OF GOODS AND SERVICES BY, LESSEES;
FURTHER, REQUIRING THAT SUCH;. FUTURE LEASE
AGREEMENTS CONTAIN A PROVISION REQUIRING THAT
LESSEES REPORT'ANNUALLY TO -THE CITY,'S OFFICE OF
MINORITYNVOMEN BUSINESS AFFAIRS' ON. ;THE: ATTAIN,'
MENTOF`SAID GOALS, CONTAINING"A. REPEALER
PROVISION AND A' SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN THE CITY CODE•,;
Said ordinances maybe Inspected by the publlo at.the fill oft;
the City. Clerk, 3504 pan Amerlcan Drive, Mlaml, Flarl�a', .M09. ay
through Friday, exctudtnp tiolidays,_IiQtwaerl`,the h4ura of 8 00, a R11
and '.0o p.m,
MATTY HIRA,1
CiTY CLERK'
MIAMI, F1.ORIDA
,
1131 __ 89 4,I) _ OM'
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Review, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
NOTICE OF PROPOSED ORDINANCE
RE: ORDINANCE AMENDING CHAPTER 42
In the ............ x.. X..X .................... Court,
was published in said newspaper in the Issues of
Dec. 30, 1988
Afflant further says that the said Miami Review is a
newspaper published at Miami in said Dade County, Florida,
and that the said newspaper has heretofore been continuously
published in said Dade County, Florida, each day (except
Saturday, Sunday and Legal Holidays) and has been entered as
second class mall matter at the post office in Miami in said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement; and
effiant f or says that she has neither paid nor promised any
person fir or corporation any discount, rebate, commission
or ref n for the pur ose qf. securing this advertisement for
public t n in thee �tfggpl�depr�rl''
• Sworn to and subscri6d before me this
30 H cn ' Clr-A R ; c:t E 88
....... ........... •.V .4., A.D. 19.......
.......... •. ...
r O �i et anchez
Pu6lf�, St.* of Florida at Large
(SEAL) ���`'� O1RID;t`t`����
My Commission expir�S('e 21, 1991.
MR 114A
CITY OF MIAM19 IFLOIRIOA
NOTICE OF VROPO$LD 60161
Nottoe iS.hereby given that the City Comntisslon of
Miami, Florida, will, conelder thb following ordtnanoes
and final readlno'on JanuarV,,,12; 1I 0 oomrntbnotho at:l
Florida:
ORDINANCE NO -'
AN ORDINANCE REQUIRING THAT, ANY, FUTURE LFJ
OF CITY -OWNED PROPERTY, TO PRIVATE CLUBS CON
PRESCRIBED LANGUAGE IN ,THE LEASE'AGREEMEN
SET FORTH IN'THIS ORDINANCE;. WHICH LANGU
:.MANDATES ADOPTION:AN qIMPLEMENTATION `�OF
AFFIRMATIVE ACTION PLAN BY' -SUCH CLUB,,SAID'F
TO:RESULT IN PARTICIPATION `BY MINORITIES. IN c
`MEMBERSHIP AND, ACTIVITIES; ALSO':REQUIRING `1
SUCH FUTURE`LEASE AGREEMENTS" INCORPORATE
PROVISIONS`OF ORDINANCE: NO. 10062 RELATEI
MINORITY`PROCUREMENT. THEREBY,. MAN DATING'•:
ADOPTION AND IMPLEMENTATION OF.THE'ANNUALG
OF FIFTY-ONE PERCENT (51°/o) MINORITYIWOMEN`E
NESS PARTICIPATION: IN THE.PROCUREMENT:OF GC
AND SERVICES BY LESSEES; FURTHER;: REQUIRING?
-SUCH FUTURE" LEAS E•'AGREEMENTS'CONTAI
PROVISION; REQUIRING'THAT. LESSEES REPORT< Al
ALLY TOTHECITY'S OFFICE -OF MINORITYIWOMENIJ
KICQQ.'Acre,oe n►1'ru0:ArrwWurur
wn,m,p,w m ncrr^L=_n rnuviown Anu AStVrIjAbIL .:
" ITY CLAUSE; PROVIDING :FOR INCLUSION'IN THE
CITY CODE.
ORDINANCE NO;
AN ORDINANCE AMENDING CITY CODE'S TI N6 121,
THEREBY REDUCING.THErREOUIREDrLIABILITYi,INSUR-
ANCEFROM> $750,000 TO $300,000;'CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSEyV�,u`,
ORDINANCE NO
AN ORDINANCE REQUIRING RETAIL'ESTABLI$HME
DISCLOSE A NO REFUND AND EXCHANGE POLICY, t }'
FULL REFUNDS OR EXCHANGES ARE OFFERED,
FSTARI IAI IU=MT.; DCnuiolkl^
nv,.ronRl GlwtO g Y;
TO HONOR REFUNDS AND EXCHANGES AS OFFER'tD,t� '
PROVIDING PENALTIES AND I FOR; CIVIL' ENFORCEMENT,
MEASURES;` CONTAINING A REPEALER-PROVISION=AND
A,SEVERABILITY CLAUSE; PROVIDING FOR QN OPERATIVE
DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. ,.
ORDINANCE NO.,
AN ORDINANCE 'AM ENDING- SECTION 14.26(d) OF THE
CODE OF. THE CITY OF:, MIAMI; FLORIDA 'AS AMENDED,
TO REMOVE THE TWO CONSECUTIVE `FULLTERM ,r
MAXIMUM SERVICE REQUIREMENT. FOR PRIVATE SECTOR
MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHOR
ITY BOARD.
ORDINANCE NO,
AN, ORDINANCE AMENDING SECTION 22-2, ENTITLED .
"COLLECTION 'SERVICES,, CONTAINER'' USAGE,: CON-
DIT.IONS'AND 'REQUIREMENTS.FOR PLACEMENT
LOCATION'. , OF, CHAPTER 22, ENTITLED "GARBAGE`AND
TRASH", OF THE CODE OF THE CITY OF MIAMI,FLORIDA,
AS AMENDED, TO PROVIDE THAT ALL PRIVATEHAULERS
UNDER THIS CHAPTER GIVE THE DEPARTMENT'.
DIREG
TOR. PRIOR .WRITTEN NOTICE OF THEIR INTENTION TO
DISCONTINUE ;SERVICING A COMMERCIAL ESTABLISH
MENT AND THAT PRIVATE HAULERS WILL -ALSO MAIL;ONE
NOTICE OF DISCONTINUANCE OF SUCH SERVICE TO THE
AFFECTED COMMERCIAL ESTABLISHMENT; FURTHER
AMENDING SUBSECTION 22.32(d) OF SUCH' CHAPTER, ,
ENTITLED"ENFORCEMENT AND ADMINISTRATIVE FEES", 1.
TO PROVIDE THAT A COMMERCIAL ACCOUNT. WITHOUT
WASTE COLLECT.IOWOERVICE SHALL K. ASSESSED AN
ADMINISTRATIVE FEE OF $250,00 PER DAY;"CONTAININQ
A REPEALER PROVISION AND A SEVERABILITY CLAUSE
1 OF 2
6hDINANCENO.,
I AN .. 0 , RDINANdk AOENOINO SECTION ONE OF 0411WANbe
NO.1082I ADOPtED NOVEMI39RJ?j,1M,;.THE CAPITAL-,;
IMP"Ovt,M,EN,TAPPROPAIATIONS ORDINANCE.. BY
INtAEASINd1HtA0PA'OPhIAT1ON FOR NORTH FLAGLER", ' SANITARY SEWERS, PROJECT NO., 351273,
IN-THE AMOUNT
OF $186,00; CONTAINING A REPEALER. PROVISION AND
A SEVEAABIUTY.'CLAUSEi
, ORDINANCE NO.
AN . ORDINANCE A , M EN . DINGiCHAPTER'42 OKTHIE CODE
OF THE CITY "OF MIAMI, FLORIDA, AS. AMENDED.- ENTI-
TLED-,"POLICE'!,ESTABLISHING MAXIMUM TOWING AND
STORAGE RATES THAT MAYBE CHARGED. BY BUSINESS
ESTABLISHMENTS -ENGAGED IN THE CHARGED; BY
"TOWING REMOVING AND STPNING, M6T64.
.:VEHICLES WHICH,AAE.PAR-KED ON PRIVATE PROPERTY
IN THE CITY WITHOUT'THE PERMISSION 0F'TAE OWNEW.
OF THE PRIVATE PROPERTY HAVING BEEN-GRANTEb FOR',
o SAID APARKING; .P .PROVIDING F6RJHE METHODS OF, -
PAYMENT_ -THEREOF - ESTAB,L1.6HI'NGTHE TOWING
AUTHOWZATION'.PROCEDURES AND SANCTIONS FOR
FAILURE TOI,CO'MPLY THEREWITH, ESTA.BLISHING.TH.E:
STEPST0 BE"FoLLOWED. IN -YHP,bOURSE:.OF .,-TOWING
VEHICLES,�ESTABLISHINd I'll PFEESMORE
PARTICULARLY C1W,CODE8ECtIONS-42-74t
,-
i.4246, 49-78 AND 42-19AND ADDING SECTIONS 0-80 AND
42411,.C6WAINING A-hEPP-ALER"PflOVISION,AND;A;tF-V-
EPAMuTy CLAUSE; PROVIDING FOR AN EFFECTIVE DATt., 7
ORDINANCE NO�-
..
AN ORDINANCE AMENOINdl�CHAl-it'O:i6,:ENfITLED..' :I
46FINANCE", OF THE CODE OFTHE CITY,OF MIAMI; FLOA-
'
IDA, AS AMENDED; BY REDEFINING THETERM "MINORITY
AND WOMEN -OWNED BUSINESS ENTERPRISE"';,AND
G'HE�TERM K- SECTION 18
N I N 7 `
REQUIRING IN SECTION 18-72* THAT•�THE! GOAL r,OF
AwARPiNG'Ar, LEAST FIFTY-ONE PERCENT (51 %)OF THE
CITY!S: TOTAL,"ANN'UALL 010,LLAR.';Vo'LUM'E'.OF;"A-LL'-,'*
PROCUREMENT 'EXPENVITURES,.:TO' MINOiliT.YIWOMEN..-
`SMALL BUSINESSES BE APPLIEDIO ALL CITY OF
ISIAMI
BIDS AND CONTRACTS; WHENEVkR,0EAsIBLE;
SECTION 18-73*.TO.PROVIDE: .. THAT ALL 1, CITY. OF
.,MIAMI':
INVITATIONS, REQUESTS ANDIOR ADVERTISEMENTSIFOR:
_ --BIDS, PROPOSALS, 'QUOTES, .LETTERS'OF INTEREST
,..:-
AND/OR.QUALIFICATION' STATEMENtS CONTAIN THE
.--APPROVED MINORITYIWOMEN,:BUSINESS. ENTERPRISE
, 61"w 001 M-14 M I ORDINANCE NO.10-0- 62_1'_- -M I NO RITYMOM EN'
,BUSINESSAFFAIRS AND, PROCUREMENT!PROGRAM;:�'::
.-REQUIRING THAT, ALL RESULTING AWARD AND/OR CON;
TRAOT-DO,CUMENTS,CONTAIN.,THE REQUIRED 1COMPLI.:,,
ANCE :FORMS': RELATIVE THERETO; ':REVISING ,;ISECtION-.:
18-73(5) TO. EXPAND UPON THE AFFIRMATIVE ACTION
REQUIREMENTS 1 FOWALL CITY, BIDS. AND CONTRACTS;
,ADDING SECTION 18-76 AUTHORIZING .ADMINISTRATIVE
DEPAATMENTS.TO ESTABLISH THE hSQUIRED:ADMINIS-
PROCEDURES TO; INSURE: COMPLIANCE' WITH
Tllt;OODE; FURTHER;'PROVIDING,:FOR RESOLUTION OF
-DISPUTES REGARDINGWITHHELD z PAYMENTS: OF CON-
TRACTORS AND SUBCONTRACTORSANI)TUTHER ADDING
�SECTION 18-77 DESIGNATING,THE, DIRECTOR- OF THE
-OFFICE OF'MIWBE �AFFAIRS`AS THE:CITY-_`OFFICIAL
I RESPONSIBLE'FOR ESTABLISHING:AND IMPLEMENTING
,MIWBEp-_BIIJ'AND-CONTRACTPARTICIPATION
REQUIREMENTS"!CbMPLIANCE GUIDELINES; AND
MONITORING -'AND ' REPORTING 1 PROCEDURES;
::CONTAINING A REPEALER PROVISION AND A SEVERASIL-
ITY CLAUSE.
Soil proposed ordinances. may be Inspected by the public at the,
office of ' the_: Clty Clark, 3500; Pan American Drive Miami, Florida,*
Monday through Friday, excluding holidays, betWeen,the houmof-
8:W A.M. and 5:00 P.M.
All Interested' persons may ay appear at the meeting: and be,
heard''With
with respect to the proposed ordinances Tho'hereinabove'
ordinances may be the subject of City Commls;lon consideration
as emergency measures at Its meeting presently scheduled for Jan-
nary 12, 1989
Should any person desire to appeal any decision of the City Com.
mission with respect to any matter to be 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 00 based.*
(#5M)
Matty Hirai
City Clerk
City of Miami, Florida.
8 -4,123031 M
2 OF 2