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HomeMy WebLinkAboutR-00133RESOLUTION NO. 183. • - A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A OONTRAOT BETWEEN TEE OiTY AND THE MIAMI FOR HIRE OARS, INC., OR OTHER ASSOCIATIONS, PERSONS, PARTNERSHIPS, OR OOPPOIATIONS WHO DESIRE TO AVAIL - THEMSELVES OF THE BENEFIT OF ORDINANCES NO. 66 OR - ORDINANCE NO. 67 OF THE CITY OF MTAVI IN REFERENCE TO GIVING MANKET SECURITY OR INDEMNITY AS PROVIIED FOR IN SAID ORDINAIDE. BE IT RESOLVED by the Commission of the City ofMiami, That the City Manager be and he is hereby authorized to.enter in- to a contract between the City of Miami and The Miami For Hire Oars, Inc., and with any associations, persons, partnerships, or corporations who desire to avail themselves of the benefit of Ordinances No. 66 or 67 in reference to giving blanket security or indemnity as provided for in said ordinances, substantially as follows, making such changes in the form following in the name of the persons with whom such oontraote may be entered into as the occasion may require THIS AGREEMENT, made and entered into upon this day of , A. D. 1922, by and between Miami For Hire Care, Inc., a corporation not for profit, organized and existing under the laws of the State of Florida, hereinafter called the party of the first part, and City of Miami, a muLicipal corporation, organized and exist- ing under the laT,s of the State of Flcrida, hereinafter called the party of the second Dart, WITNESSETH: WHEREAS, the membership of the party of the first part is composed of owners and operators of automobiles for hire upon the streets of the City of Miami, Florida; and, WHEREAS, it is required by ordinance of the City of Miami, Florida, that security, r indemnity, be given by the owners of automo- biles operated for hire upon the street of the City of Miami, for the purpose of protecting and inde::,nifying any person, or persons, who may be injured in life, limb, or property, by reason of the careless, reck- less or negli„cent operation of any such automobile upon the streets of the said City of Miami; and, WHEREAS, it is provided by said ordinance that the owner, or owners, of any tvx, or more, to furnish blanket security, "DOCUMENT INDEX ITEM NO. _ automobiles for hire shall have the right or :ndemnity, in the sum of Ten Thousand "SUPPORTIVE DOCUMENTS 1 it 111111111111111111111111111111111111111111111111 111111111 Dollars ($10,000), conditioned as provided by said ordinance; and, WHEREAS, the persons composing the party of the first part hereto have organized themselves, for the purpose of creating and maintaining a fund of Ten Thousand Dollars ($10,000), as provided in said ordinance, which said fund is to be used as hereinafter provided, and as blanket security and indemnity, for the purpose of protecting and indemnifying any person, or persons, who may be injured, or damaged, in life, limb, or property, by reason of the careless, reckless, or negligent opera- tion of any automobile for hire upon the streets of the City of Miami, own- ed by any of the persons who are members of the party of the first part; NOW, THEREFORE, this agreement witnesseth: 1. That the party of the first part has this day deposited with the Director of Finance, of the City of Miami, Florida, the sum of Ten Thousand Dollars (010,000) in cash, which said scan of Ten Thousand Dollars ($10,000) is deposited in accordance with the provisions of Sec- tion Two of an ordinance of the City of Miami regulating the operation of automobiles for hire upon the streets of the City of Miami, Florida, as blanket security, or indemnity, for the automobiles owned by the persons composing the party of the first part, as particularly shown and describ- ed upon the schedule hereto attached, and made a part of this agreement. 2. That the said sum of Ten Thousand Dollars (10,000) shall be, by the said Director of Finance of the City of Miami, kept and main- tained during the period of this agreement as a separate and distinct fund, and that all interest paid by any Bank, or Banks, in which the said fund may be deposited by the said Director of Finance, shall inure to and become a part of the said fund. 3. That when any judgment shall be rendered by a Court of eom- petent jurisdiction against any member of the party of the first part, as shown by the schedule hereto attached (or any amendment to said schedule) for damages based upon the loss of, or damage to the, life, limb, or pro- perty of another proximately caused by the careless, reckless or negli- gent operation of any automobile owned by such member of the party of the firs kart, then being operated for hire upon the streets of the City of Miami, Florida, and at the time of such injury being driven by the owner thereof, or some person by hir. thereunto authorised, and the said judgment shall have become final either by aff ir:._ance by the'SU iO1f fIVE rt , DOCUMENTS FOLLOW" 111 11111111 I II 11111011111 111 or by the expiration of the time by law limited for the taking of an ap- peal, or the suing out of a writ of error from said judgment, then, up- on the presentation to the City Attornry, of Miami, Florida, of a certi- fied copy of said judgment, or a certified copy of the mandate of the ap- pellate oourt, showing that the said judgment has been affirmed, in the event an appeal, or writ of error, is taken from such judgment, the said City Attorney shall inspect such oertified copy of judgment, or mandate, and if he finds that the same is regular and binding, and that the said judgment has beoome final, as aforesaid, he shall certify that fact, to- gether with the said certified copy of judgment, or mandate, to the Direc- tor of Finance of the City of Miami, Florida, and the said Director of Finance shall thereupon pay from the fund, aforesaid, to the legal owner, or holder, of such judgment, the amount thereof, and it shall be the duty of the said Director of Finance, upon the payment of said sum of.money, to require that the said judgment be properly satisfied of record, or if the amount paid fro:, the said fund shall not be sufficient to fully satisfy said judgment, to require that proper credit upon the said judgment, or any execution issued in pursuance thereof, be given for the amount of suoh payment. It is expressly understood and agreed that the liability of the fund hereinabove mentioned shall be limited to the sum of Five Thousand Dolars (05,000) for any one accident, and the said Direotor of Finance shall in no case pay from said fund an amount in excess of Five Thousand Dollars (05,000) for injuries sustained by any pei.orl, or persons, in any one accident. 4. Upon the payment of any sum of money from the said fund, as hereinabove provided, the Director of Finance shall, in writng, notify the Secretary of the party of the first part, whose name and address shall at all times, during the continuance of this agreement, be registered with the said Director of Finance, and it shall thereupon be the duty of the party of the first part to forthwith replace in said fund the amount of such withdrawal, and any sums, or sum of money sr replaced in said fund, shall thereupon become a part of saia fund, and shall be subject to rill of the terms and conditions of this agreement with reference to the original fund. 5. If there shall be any change in the membership of the party of the firEt part during the term of this agreement, by rea UpfpacaTNE ET!' OCumN t 1111111111111111111111111E1111111 111E111 members being reoeived therein, or persons who are now members thereof ceasing to be such members, then, the party of the first part shall file with the Director of Finance an amendment to the schedule, hereunto at- tached, showing such change of membership, and thereafter the said fund shall be security for the payment of judgments rendered as aforesaid against any member of the party of the first part, as shown by the said schedule, as amended; provided, however, that the said fund of Ten Thousand Dollars (10,000) shall at all times during the continuance of this agreement, be maintained; and provided that the said fund shall not be reduced by reason of any change in, or reduction of, the membership of the party of the first part. 6. This agreement shall continue in force and effeot for one year from the date hereof. At the expiration of said one year, this agreement may be renewed and continued in force for an additional year by endorsing the fact of such renewal upon this instrument. Such endorsement shall be signed by the President and Secretary of the party of the first part, and the City Manager of the City of Miami; provided that if at the expiration of one year from this date, or at the expiration of any renewal of this agreement, as herein provided, there shall be pending :n any Court a suit, or suits, against one or more of the members of the party of the first part, as shown by the schedule hereto attached (or any amendment of said schedule) the fund, aforesaid, shall be held by the said Director of Finance, subject to the terms of this agreement, until the said suit, or suits, shall be terminated; provided that after the expiration of one year from this date, or after the expiration of any renewal of this agreement, the said fund shall be security only for the payment of any judgment which may be obtained in such suit, or suits, as may ten be pending against one, or more, of the members of the party of the first ,art. 7. At the expiration of one year fror, the date hereof, the Director of Finance, of the City of M_iai, shall pa;; over to party of the first part all sums of inoI:e, realized, agree:.;ert, as interest, ul cis the fund aforesaid, in T- o h of. 8. If this agree:anent shall not be renewed at the expriation of one year from ti:iL date, as hereinabove provided , sand Dollars (510,000), together with all sums the Treasurer of the during the term of this accordance ..ith Section then, the fund of Ten Thou - of money inuring to the said fund, as interest, in accordance with Section Two he' S .l R RTIVE+the DOCU f�r� E JTS r- Director of ?inanee of thie;tOktuo± ii*z t, pat4 to the Troll party of the first part, and thereupon all liability of the pa tf'-O first part hereunder, and all deeurity and i.n&emnity profited by tide etrument, shall oeaee and terminate; provided that the gait fund held until all suits then penning against any member of the party of the first part, as herein provided, shall he terminated, in a000rdanoe a►it . paragraph Six hereof. IN WITN&3S WOOF, the party of the first part hashere'eato cau.eed;: these presents to be signed in its name, by its and Secretary, and the party of the seoond part duly authorized Presiten has hereunto oaueed th00 r presents to be signed by its OityManager, upon the day and year herein first above written. ATTEST: ATTEST: Secretary MIANM FOR HIRE OARS, INC. By ;President CITY OP MIAMI , By City Manager City. Clerk PASSED AID ADOPTED this 31st day of January, A. D. 1922. ATTEST: <' 4, C rrY CLERK