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Home My WebLink AboutCC 1976-02-26 Discussion ItemIiviLL LtHMAN i 3Tti D18TRtct, FLORIDA EDLICAtION AND LABOR POSt OFhCE AND CIVIL SERVICE Mr, H.D. Southern City Clerk City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Southern: WL /mar Cortartio of the Illnittb Otateg ou a of mtprtsuntatibts t$;tatiijittgtott, fl. 20M5 Thank you for sending me a copy of the City of Miami's resolution concerning the non -stop European route. I contacted the CAB and was informed that the case was still pending (docket number 25908). There has been no denial of non -stop route authority at the pres- ent time. As you may know, I have contacted both the CAB and the President expressing my support for the grant - ing of this authority. Should any further difficulty arise, you can be sure that I will render any assistance necessary. With best wishes, I am February 10, 1976 Sincerely, WILLIAM LEHMAN Member of Congress THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS 1NA§IltNtitOON Eli#tc2� 424 CANNON Noust Offick St0Lbtge WAsHt/+oto4. tit. 20$i6 (202) 326 -42 #1 btstttict O Eicl, 2020 N.E. i63b Situ' ?3 a t 106 No t MUM fEACt4, PLORtUA 33t62 (30) 946 -9b9® TO FROM The Honorable Members of The it Commission John S. Lloyd j itS' Attor f CITY Of' MIAMI, FLORIDA INTER - OFFICE MEMORANDUM February 26, 1976 FILE Taxicab Licensing & Regulations _ and City of Hialeah Gardens Vs, Florida Power & Light Company TAXICAB LICENSING & REGULATIONS: Regarding the licensing and regulations of taxicabs throughout the County, there will be a question proposed by Dade County which will appear on the ballot on March 9, 1976 sub- stantially as follows: Shall. the charter be amended to permit the County to license and regulate taxis and other passenger vehicles for hire throughout the County instead of only in the unincorporated areas? In view of Article VIII, Section 11, of the Constitu- tion of the State of Florida, and Section 323.052, F. S., we can only assume that this proposal is for the purpose of enabling the county to establish either minimum standards for municipalities with respect to the regulation of taxicabs or to give the county authority to regulate and license taxicabs in municipalities which do not have their licensing and regulation provisions. In the event of passage of this question and in the event that the county'attempts to preempt the right of munic- ipalities to license and regulate taxicabs within their borders, the Law Department can prepare to contest this legally upon direction and authority by this Commission. CITY OF HIALEAH GARDENS VS, FLORIDA POWER & LIGHT COMPANY: The City of Hialeah Gardens filed a petition for a declaratory judgment in the Circuit Court of Dade County - -_i st the Florida Power & Light Company for a determinatio• =s Wih right of the City of Hialeah Gardens to enter i.-. p0041192tise agreement with the Florida Power & Light Com NV-S ,ti`� The honorable Members of m2= February 26, 1 976 The Cit w.,Commissitt__,_w_. The court denied the City of hialeah Gardens the tight to enter into a franchise agreement with the Florida Power & Light Company and also apparently considered a franchise granted by Dade County to the Florida Power & Light Company for the purpose of supplying electricity on a county -wide basis. The county apparently took the position in the case that its charter and its franchise with the Florida Power & Light Company pre- empted the right of municipalities to enter into franchise agree- ments with Florida Power & Light Company. From the language used by the court in the final order and decree, it is apparent that the court recognized that no municipality having a current fran- chise arrangement with Florida Power & Light Company was a party to the action. However, the court did state, "It appears to this Court that the language of the aforesaid Section 1 of County Ordinance No. 60 -16 is pre- emptive in nature and bars the Florida Power & Light Company from entering into subsequent franchise agreements with those municipalities in Dade County (a) with which it had no contractual relationships on May 24, 1960 or (b) whose municipal franchises with the Florida Power & Light Company would expire between May 24, 1960 and May 24, 1990." While this language is dicta and not the law of the '= case, there are some indications that the Florida Power & Light Company may take the position that it cannot negotiate with the City of Miami for a renewal of its existing franchise. In consideration of this possibility, it appears that the Commission may desire to begin considering available alternatives. One alternative is that the City exercise its right to purchase the property owned by Florida Power & Light Company in the City of Miami and establish a municipally owned power company to replace the Florida Power & Light Company in the City of Miami. This right is granted in the City Charter and in the franchise s The Honorable Members of s February 26, 1976 the Git r „„Oommissioh agreements The franchise, as contained in Ordinance No, 4974, provides: "Section 2, That Grantor hereby reserves the right at and after the eXpiratioh of this grant to purchase the property of Grantee used under this grant, as provided by the Laws of Florida, in effect at the time of Grantee`s acceptance hereof, includ- ing Section 167.22 of the Florida Statutes of 1951, and as a condition precedent to the taking effect of this grant, Grantee shall give and grant to the Grantor the right to purchase so reserved. Grantee shall be deemed to have given and granted such right of purchase by its acceptance hereof, which shall be filed with the Grantor's clerk within thirty (30) days after this ordinance takes effect.” The inclusion of that provision was required by Florida law. It may also be worthy of consideration that the same provision applies to telephone services. JSL /FHW /rr beEi.t :•. E.ttNGLtY eitu irt twat . s, .. . ' ' - • : , .-, .-*-4,-•:• :b toLITHERN tit tigatt ' .. . ' • ' • , .1... . . . . ,. ,. , ,,... ,_, ''-g•: • . .. :.• • .1500 Van Auttritan trio PALPH G oNGW Aiiijfit:: Miami, Vtoriba 1J13J March 30, 1976 Mrs. Eloy Orozco 930 NE 136th Street North Miami, Florida HDS/s Encl. litrThx Dear Mrs. Orozco: ' At the request of the Mayor and City Commissioners of the City of Miami X m forwarding to you a statement by Mayor Ferre at the City Commission meeting held on March 25, 1976. Yours very truly, H. D. Southern City Clerk ,•. c +, , • •' 0? IVIARCH • 1976 .• • This city Commission would like to send a resolution condolences to the family of the late Eloy Orozco,, who as you know served the community with a great deal of distinction,% dignity and understanding. He was born in Havana; has lived in Europe, and attended Southwest High School here. He was a veteran of Viet-Nam and served his country with distinction. He was really a young patriot and a person of very high ideals. His passing was just a crime, and this community could ill afford to lose such a person; and certainly his passing has left a vacuum in our community. All those who were his friends certainly want to share our sense of grief with his family. •