HomeMy WebLinkAboutO-10387ORDINANCE NO - - i0 8T
AN ORDINANCE AMENDING SECTION 31-48(I), OF
THE CODE Off` THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TO PROVIDE THAT INSURANCE COMPANIES
WRITING ANY CLASS OF INSURANCE UPON ANY
PERSON, INCORPORATED OR UNINCORPORATED
BUSINESS ENTITY OR PROPERTY RESIDING OR
LOCATED WITHIN TR8 CITY SHALL BE SUBJECT TO
THE CITY'S OCCUPATIONAL LICENSR TAX; FURTHER
SETTING FORTH THE RATE FOR SAID TAX;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the City of Miami is desirous of exercising its
occupational licensing tax powers in accordance with current
laws, rules and regulations; and
WHEREAS, the Honorable Robert A. Butterworth, Attorney
General for the State of Florida, issued a legal opinion on
June 4, 1987, which opinion stated that Florida municipalities
could lawfully levy occupational license taxes on insurance
companies engaged in interstate commerce and doing business
within a municipality where they were engaged in local
activities, separable from extraterritorial business activities;
and
WHEREAS, the Attorney General opined that pursuant to
certain amendments to Chapter 205, Florida Statutes ("The
Occupational License Tax Act"), the state has delegated the
ability to counties and municipalities to impose occupational
license taxes upon insurance companies; and
WHEREAS, the Attorney General and the Florida League of
Cities have determined that foreign insurance companies which are
writing insurance insuring any person or entity or, property
residing or Located within the city's corporate limits are
engaged in doing business within the city and therefore subject
to the municipal local occupational license tax; and
WHEREAS, the instant amendment to the City of Miami's
occupational license tax ordinance imposes an, occupational
license tax on foreign insurance companies doing business within
th City in aocordanoe witb the foregoing legal. authorities;
10387
NOW, TAMPOM 89 IT OADAIRtD BY Tift COMMISSION OF TH8 CITY
OF MIAMI, PLORIDA:
Section 1. [Chapter 81, Licenses and Miscellaneous
Business Regulations, Article Ili Licenses: ]Division :
Schedule of License Taxes] Section 31-48(l) of the Code of the
City of Miami, Plorida, as amended., is hereby amended in the
following particulars: 1 /
"Sec. :31-48. Established.
The assessment of License takes are hereby fixed as
follows:
I
Insurance Companies, or associations, operating in the
City - or writing any class of insurance specified
below anon any person, incorporated or unincorporated
the City:
A. Casualty and liability insurance companies, each
company....................................$418.00
b. Fire insurance companies, each
company....................................$418.00
c. Industrial insurance companies and funeral benefit
associations or companies, Qaeh company or
association.............................:.$418.00
d. Life insurance companies, each
company...................................$418.00
e. Group, self-insurance pools, reciprocal pools,
Inter -insurance exchanges, or any other person,
group, or association, as set forth under the
provisions of (e) below, each such pool, company,
association or exchange or whatever they may, be
called.......... ........................$418.00
Insurance companies are classified and defined as
follows:
a. Class 1: Casualty and liability insurance
companies (including bonding companies) writing:
1. Accident and healthinsurance only, on an.
annual, semiannual or quarterly premium -
paying basis; and
2. Bonds, including fidelity, court, contract
and surety bonds and financial guarantees and
title insurance or guarantees,
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.
Asterlsks inUoate omitted and unohanged material.
3. turglary insurance, inoluding residence, bank
stocks, bonds and securities, safe -burglary
and holdup and messenger robbery,
4. Liability insurance, including employers',
public and other forms of liability insurance
and automobile liability for personal injury,
property damage and collision,
3. Plate glass insurance,
6. 'Workers` collective insurance issued to
employers of Labor.
b. Class 2: Fire insurance companies, writing
policies of insurance against hazards of fire,
tornado and windstorms, use and occupancy;
profits, rents, leasehold, insurrection, riot and
civil commotion, sprinkler leakage, rain, fire,
theft, automobile, collision; marine cargo, and
hulls, and rail, mail and express shipments
against fire, collision, stranding or sinking,
c. Class 3: industrial insurance companies
(including funeral benefit associations or
companies) writing life or accident and health
insurance and funeral benefits on a weekly,
bimonthly or monthly premium -paying basis.
d. Class 4 Life insurance companies writing life
insurance with or without disability clauses or
accident and health features as. a part of the
policy contract upon an annual, semi-annual or
quarter -annual premium -paying basis.
e. Class 5: Group, self-insurance pools, reciprocal
pools, inter -insurance exchanges, or any other
person, group or association, incorporated or
unincorporated, formed for the purpose of
providing or writing insurance for policyholders,
employees, subscribers, persons, groups or
corporations for any type of loss sustained,
specifically including all of the various types of
coverages mentioned herein in 'classes 1 through 4
above.
Section 2. All ordinances or parts of ordinances insofar
as they are inconsistent or inconflict with the provisions of
this ordinance are hereby 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.
This Ordinance shall be effective and the provisions thereof,
unless otherwise indicated, shall become operative inr accordance
with City Charter provisions,
PASSED ON FIRST READING BY TITLE ONLY this 14th Clay of
January 2 1988,
ATT 4MAT Y HIRAI
City Clerk
PREPARED AND APPROVED BY:
f
4RAIVE.-SUARE -RIVAS
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHERTY
City Attorney
RSR!ebg/yv/bss/M254
I, Matt\ Hirai, Clerk of the City of Miami, FloM
hereby- certifi• that �►n the__43-day of. '
A. 0. 19_ -2 a fall. true ;►►id c(,reek copy c►f th4 e
:,:A t ;r^p;tiin nr:lin.mcc ww; p.)sted :it the South I'oor
0;* tir: Dtide Count. C; ,,art i- 'AFc at the'' ;tror"ded
?i* it :gees and ,►ali'i : it ,►:, by 'ituichinL! .,:tid cky..' to
t;►: t�l:ace pravid....1
m: h;1111 :tttd tl►c 0;.6 ml S4?.,] of said
City
at}° ia�s•i:
MIAMI REVIEW
Put iic,hrrtl Daily t=Y Ievt .5alu,r:ay. ;3wvl ry and
Lrgai Hohdap=
'vliaml, Dzide ('minty. Fl: nda
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Oclelma 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. 10387
In the X. X. X Court,
was published in said newspaper in the issues of
March 9, 1988
Alfiant 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 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
atfiant further says that she has paid nor promised any
person, irm or corporation iscou ,rebate, commission
P P
or ref nd for the purpose s curing is advertisement for
publ atitm in the said n a er, ,
ry
my�o and-etb?oibed before me this
9 t h day or ' Na r,G h, ; A.D. 19.
rrt
Xt JS %nchar-
Utsj� r&blic"S e_bf FI ri a at Large
(SEAL) i� (J�' • , c . ��.
My Commis5(pne ires •JOne 2T, 'I08
MR 115 I„;,ufiltttta�
CItV OF MIAMI
bAbift CCURtYi, PLIONtbA
UOAL IliOfiiCE
All interested persons will take notice that on the loth day of Pebruary, 3
1998, the City Commission of Miami, Florida, adopted the following titled
ordinances:
OWXNANCt NO.1038d
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
16269, ADOPTED MAY 14, 1987, CONCERNING THE SPECIAL
REVENUE FUND ENTITLED: "REOREATION PROGRAMS FOR
THE MENTALLY HANDICAPPEDICONSOLIDATED", BY INCREAS-
ING THE APPROPRIATIONS TO SAID FUND BY $279,537 COM-
POSED OF $234,537 FROM THE STATE OF FLORIDA, DEPART-
MENT OF HEALTH AND REHABILITATIVE SERVICES AND '$45,000 i
FROM FISCAL YEAR 1987.88 SPECIAL PROGRAMS AND AGCOUNfiS,
MATCHING FUNDS FOR GFIANTS, TO CONTINUE THE OPERA•
TION OF THE AFOREMENTIONED GRANT PROGRAM; AUTHOR.,
DING THE CITY MANAGER TO ACCEPT THE ADDITIONAL GRANT
AWARD AND TO ENTER INTO THE NECESSARY CONTRACTS)
ANDIOR AGREEMENT(S) to ACCEPT THE ADDITIONAL GRANT
AWARD; CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE,
ORDINANCE NO. 10395
AN ORDINANCE AMENDING SECTION 54.5.80E THE CODE OF
I THE CITY_OF MIAMI, FLORIDA, AS AMENDED, "PLATS AND
PLATTING -PROCEDURE -FINAL PLAT", BY ADDING A NEW SUBSEC
TION (a), "APPROVAL BY CITY COMMISSION", PROVIDING A
TIME LIMITATION FOR RECORDATION OF PLATS AFTER APPROVAL
BY THE CITY COMMISSION; PROVIDING FOR RECISION OF
APPROVAL OF PLATS BY THE CITY COMMISSION; PROVIDING
FOR AN EXTENSION OF THE TIME LIMITATION; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ORDINANCE NO. 16386
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE10289,
ADOPTED, JUNE 25, 1987, BY INCREASING THE APPROPRIA-
TION TO THE SPECIAL REVENUE FUND 'ENTITLED: "NEIGH-
BORHOODS JOBS PROGRAM (FY '88)" BY $35,597, THEREBY
INCREASING THE APPROPRIATION FOR THE SPECIAL REVE-
NUE FUND ENTITLED: "NEIGHBORHOODS JOBS PROGRAM
(FY '88)" TO $517,197 FOR THE OPERATION OF THE. NEIGW
BORHOODS JOBS PROGRAM; FURTHER AUTHORIZING THE '
CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE
UNITED STATES DEPARTMENT OF LABOR AND TO ENTER INTO
THE NECESSARY CONTRACT(S) ANDIOR AGREEMENT(S) WITH
THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSOR-
TIUM (SFETC) TO ACCEPT THE GRANTS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE,
ORDINANCE NO.10387
AN ORDINANCE AMENDING, SECTION 31.48(1), OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO PROVIDE
THAT INSURANCE COMPANIES WRITING ANY CLASS OF INSUR--
ANCE'UPON ANY PERSON; INCORPORATED OR UNINCORPO-
RATED BUSINESS ENTITY OR PROPERTY RESIDING OR LOCATED
WITHIN THE CITY SHALL BE SUBJECT TO THE CITY'S OCCU.
PATIONAL LICENSE TAX; FURTHER SETTING FORTH THE RATE
FOR SAID TAX: CONTAINING A -REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
ORDINANCE NO. 10388
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE NEIGH-
BORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR PROP-
ERTY LOCATED AT APPROXIMATELY 2347 NORTHWEST 32ND
PLACE AND 34 NORTHWEST 32ND COURT (MORE- PARTICU-
LARLY DESCRIBED HEREIN) BY CHANGING DESIGNATION OF
THE SUBJECT PROPERTY FROM LOW MODERATE DENSITY.
RESIDENTIAL TO MODERATE HIGH DENSITY RESIDENTIAL USE;
i MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND
I A SEVERA131LITY,CLAUSE
ORDINANCE NO. 10389
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 23.47 NORTHWEST 32 PLACE, AND THE PROP-
ERTY LYING BETWEEN APPROXIMATELY 20 NORTHWEST 32
COURT AND 50 NORTHWEST 32 NORTHWEST 32ND COURT;
MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN)
FROM 80-1/3 GENERAL RESIDENTIAL TO RG-316 GENERAL RES-
IDENTIAL;BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 33 OF SAID ZONING
ATLAS MADE A PART OF ORDINANCE NO. 9500 BY REFER.
ENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THERE.,
OF; CONTAINING A REPEALER PROVISION AND A SEVE13ABIL-
ITY CLAUSE.
ORDINANCE NO.10390
AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI,.FLORI.,
DA, AMENDING ORDINANCE NO, 10272, ADOPTED ON MAY .14, j
I 1987, WHICH AU:'HORIZED THE ISSUANCE OF GENERAL O8L1 i
GATION REFUNDING BONDS, SERIES 1987, OF THE CITY OF
' MIAMI, FLORIDA, IN AN AGGREGATE PRINCIPAL AMOUNT NOT
TO EXCEED $40,000,000; MORE PARTICULARLY AMENDING SEC• .
TIONS 2, 13, 14 AND 19 OF SAID ORDINANCE NO. 10272, TO
REDEFINE THE TERM "ORIGINAL PURCHASERS' ; ALSO RESTAT+
ING THE ELIGIBILITY CRITERION FOR THE APPOINTMENT OF
THE ESCROW AGENT AND BOND REGISTRAR; FURTHER
CZAR—F
IFYING THE DEFEASANCE PROVISIONS•CONTAINED IN SAID
ORDINANCE NO. 10272, ANO PROVIDING AN EFFECTIVE DATE.
Said ordinances may bo inspected by the public at the Office of the City
Clerk. 35W Pan American Dive, Miami, Florida, Monday through Friday,-
excluding holidays, between the hours of 8:00 A.M, and 5:00 P,M,
MATTY HIRAI
CITY CLERK
CITY OF MIAMI, FLORIDA
(0.4232)
88-G30926M
11
In
Cl" OP MIAMI. FV6131bA
IN'ten-OPPICE MtMOAANOUM
Honorable Mayor and Members DATE:
of the City Commission SUC3JECT:
ROM: Lucia A, Dougherty REFERENCES:
City Attorney
ENCLOSURES:
December 24, 198701Lt 7-88-01
ordinance Amending Occupation
License Code to Clarify Defin
tion of Insurance Companies
Subject to License Tax
RECOMMELNOATION
It is respectfully recommended that the City Commission
adopt the attached ordinance amending Section 31-48(l) of the
City Code relative to insurance companies in order to provide
that foreign insurance companies will be subject to payment of
the City's occupational license tax*
BACKGROUND
The Director_ of the Finance Department recently requested an
amendment to the applicable section of Chapter 31 of the City of
Miami Code to increase the scope of the City's occupational
licensing tax provisions to include foreign insurance companies.
Presently, Section. 31-48(I) of the City Code, which in part sets
forth the schedule of license taxes pertaining to insurance
companies or associations, limits the levy of an occupational
license to insurance companies operating within the City limits.
Recently, the Attorney General of the State of Florida
issued a legal opinion opining that a Florida municipality does
have the authority to levy an occupational license tax upon
foreign insurance companies, even though they do not have an
office. within that City; therefore, they are subject to a
municipal license tax if they are engaged in business within the
city. (1987 Op. Atty. Gen. Fla. 87-55, June 4,; 1987).
Accordingly, our office has prepared the attached ordinance which
provides that (foreign) insurance companies writing any class of
insurance upon any person or property residing or located within
the City pay an annual municipal occupational license tax of
$418.00, which is the same rate imposed on insurance companies
located in the City.
038
Honorable Mayor And bedetbor 24, 1981
Mitb6t8 of the City COMffii6AiOfI Page 2
The City Managet is receiving a copy hereof so that he may
place this item on the City Commission Agenda.
RSR/wpc/ebg/PI13
CC., Cesar H. Odio
City Manager
Carlos Garcia, Director
Finance Department
P. E. Luney, Assistant Finance Director