HomeMy WebLinkAboutR-79-0315RFC:S/4
RESOLUTION NO..
5
A RESOLUTION STRONGLY URGING THE DADE COUNTY
LEAGUE OF CITIES, INC. TO INITIATE LITIGATION
CHALLENGING THE VALIDITY OF THE TAXI ORDINANCE
ADOPTED ON MARCH 20, 1979 BY THE BOARD OF COUNTY
COMMISSIONERS FOR DADE COUNTY, FLORIDA; FURTHER
AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
INTERVENE ON BEHALF OF THE CITY OF MIAMI AS A
PROPER PARTY PLAINTIFF UPON THE FILING OF SUCH
LITIGATION; FURTHER ENCOURAGING EACH MUNICIPALITY
IN DADE COUNTY, FLORIDA THAT REGULATED THE TAXI-
CAB INDUSTRY WITHIN ITS CORPORATE LIMITS ON JULY.
1, 1974 TO JOIN WITH THE DADE LEAGUE AND OTHER
CITIES IN THE AFORESAID LITIGATION.
WHEREAS, on July 1, 1974 and prior thereto, the City of Miami,.
Florida regulated and licensed for -hire passenger motor vehicles operating
within city limits; and
WHEREAS, a provision of State law in effect now and which will
remain in effect until July 1, 1980, provides the following:.
"Any municipality regulating and licensing
for hire,' passerlger motor vehicles on July:.
1, 1974, shall retain all. its existingpowers
under this. chapter except as provided in sub-
section 2, unlesssaid authority is transferred
to the county by a majority vote of the govern-
ing body of the municipality". (Florida. Statutes
Section 323.052, Subsection 3); "DOCUMENT INDEX
and
ITEM NO.
WHEREAS, an ordinance has been adopted by the Board of the Dade
County Commissioners purporting to give Dade County, Florida the authority
to regulate and license for -hire passenger vehicles operating within city
limits of a municipality after October.l, 1979; and
WHEREAS, no authority has ever been transferred to Dade County by
the City Commission of the City of Miami to regulate or license for -hire
passenger motor vehicles operating within Miami city limits; and
WHEREAS, so far' as: is known, no other municipality;, in Dade. County,
Florida, which regulated the taxicab industry on July 1, 1974, within its
corporate limits, has ever transferred such regulatory authority to Dade
County, Florida;
NOW, THEREFORE,
MIAMI, FLORIDA:
Section'1. The Dade County League of, Cities`,
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
nc. is hereby strongly
CITY COMMISSION
MEETING OF
APR3 0 1979
UoumoN No.!. 9."3 1
urged to promptly file a court action challenging the validity of the.
taxi ordinance
adopted on March 20, 1979, by the Board of County Commissioners
for Dade County, Florida..
Leag
Section 2. Upon the filing of such lawsuit by the Dade County
ue of Cities, Inc., the City Attorney is hereby authorized and
directed
to join in such action and to intervene in such suit as a
proper party plaintiff.
Section 3. Each municipality in Dade County, Florida which regulated
the taxicab industry, within" its city limits on July 1, 1974, is hereby
encouraged to join the Dade League and other Cities and to intervene as
a proper party plaintiff when the above lawsuit is filed challenging the
validity of the aforesaid ordinance.
PASSED AND ADOPTED this
1979.
MAYOR
ATTEST:
CI
PREPARED AND APPROVED BY:
ROBERT F. CLARK
Assistant City Attorney
APPROVED AS TO FORM AND CRRECTNESS:
�IORGE F.OX,. JR.
ity Attorney
79 315
TO
FROM:
Assistant to the City Manager
cir• 71.0RIDA
INTIIR-OFFICE rOEMCRA NOWA
Joseph R. Grassie April 13, 1979
City Manager
Dade County Taxicab Ordinance
1)13-,ect Legal response to passage of t e
ark Mer -•
clEFtraENCtst
, .
F:Net_osUtlf:s: •
, -
At the April meeting of the Dade County League of Cities, the League's Legal
Consultant, Mr. Jack Rice, suggested that one approach to the County's Taxicab
Ordinance would require a court challenge since the present state law prohibits
Chartered Counties from regulating Vehicles for Hire without the approval of
Cities that have been regulating these vehicles •since July 1, 1974.
It would be helpful if the Dade League would file a law suit challenging the
County's Ordinance and invite other cities to intervene as a party plaintiff.
This would provide a broad representation before the court rather than filing a
umber of individual court suits.
In the event the court finds that the Dade League lacks the standing to.file the
suit then the City of. Miami may have to file its own suit and invite other cities
to intervene.
It is my understanding that Mr. Richard Freidman representing the Ad Hoc Committee
of Taxi Owners and Operators is also filing a law suit challanging the County's
Taxicab Ordinance.
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