HomeMy WebLinkAboutM-75-0716P. W. Andr*W
City Nanagor
$. R. Sterbenx
Auristant City Attorney
August 2 , 1g 5
City of Miami v. Aaron Adir
circuit Court Ho. 75 5071
As a result of a hearing held this morning at 9:38 A.M..
August 22, 1975, a temporary injunction order was issued
enjoining Aaron Adirim, trading and doing business as Central
Mauling System, from operating the commercial waste collection
business in the City of Miami, tlorida. A copy of this order
is attached.
Judge Paul Baker provided in this order that it would
expira on September 18, 1975, the date it is anticipated that
Aaron Adirim will have bean placed on the agenda of the City
Commission for the purpose of obtaining a determination by
the City Commission whether or not he will receive a city
of Miami commercial waste collection business license. This
temporary injunction order was obtained pursuant to City
CommissionMotion No. 75-716 which was Item 22 on the July
31, 1975 City Commission Agenda.
I also enclose a copy of Resolution No. 39128, which
was passed on November 6, 1967 which is an example of a
previous situation in which a commercial waste collection
license applicant was denied a license by the City Commission.
SRS/ts
cc: C. F. Caplinger, Supervisor, Tax & 44cense
Garland P. Watkins, Chief of Police
C. R. Jones, Director, Sanitation Dept.
H. D. Southern, City Clerk
r
RI So UTtoN
A RESOLUTi0N DENYING 't#E APPLICM' 1DN 'OP
THOR SANITATION, INC. FOR A CITY OP MIAMI
COMMERCIAL, WASTE cOttECTION LICSNSE,, AND
PROVIDING Tilt APPLICANT AN OpPORTUNITY FOR
A HEARING BEFORE TIIE CITY COmMISSIONi
SHOULD SUCH A NEARING DE DESIRED.
WHEREAS, Thor Sanitation, Inc. has applied for a
1967-68 City of Miami Commercial Waste Collection I Cense,
and
WHEREAS, an investigation conducted by the Law Depart-
ment in connection with said application reveals, among
other things, the following:
(1) Thor Sanitation Services, Inc. is the name
of this corporation, as the records of the Secretary of
State, State of Florida, reflect.
(2) Joseph Vincent Bisogno is a person having a
managerial interest in this corporation, however, he is not
mentioned anywhere in the written application for this
license, in violation of the provisions of Section 20-21,
Miami Code.
(3) The records of convictions of Joseph Vincent
Bisogno are not included in said application, in violation
of the provisions of Section 20-21, Miami Code.
(4) The City of Miami has an outstanding and
unpaid monetary judgment against this firm.
(5)
The methods of operation and the quality of
service performed by this firm in the past have been of such
a nature as to render this applicant inelligible for a city
Of Miami CoMMercial waste collettibn liCense, and
WHEREAS, it is the desite of the City CommiSSion to
provide this applicant a hearing relatiVe to this denial
Of a ciLy of Miami Waste collection license.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF
Ttit CITY or MIAMI, VLOAIDA:
Section 1. The anplication of Thor Sanitation, Inc.
for a City of Miami 1967-68 commercial waste collectiOn
license is hereby denied.
Section 2. Said applicant will be heard by the City
Commission of the City of Miami relative to this denial,
should said applicant desire to be heard, provided that a
written request for such a hearing is made to the City
Manager within fifteen (15) days after date of the passage
of this resolution.
Section 3. The City Clerk is instructed to send a copy
of this resolution to Thor Sanitation, Inc., 1361 N. W. 74th
Street, within twenty-four (24) hours after the date of the
passage of this resolution.
6. Ill day of ii‘ii4.‘"t-t14.:2-4
PASSED AND ADOPTED this
1967.
PREPARED BY: S. R. Sterbenz
Assistant City Attorney
APPROVED AS TO FORM AND LEGALITY:
Jack R. Rice, Jr.
City Attorney
•
' Tmly-m<77- 7 - "."
' •
IN TH czacuvr couaT OP THS 11TH
JUDICIAL CIRCUIT IN AND PC - A DADS
COUNTY, PLORIDA
CASA NU. 7S-59fl
CITY Or MAKIr a municipal )
corporation,
)
Plaintiff,
)
VS:
)
AARON ACI#R 4L trading and
doing business as CENTRAL )
HAULING SYSTEM,
)
Defendant.
:P:2,MVO1 Y INXUN Z
This case came before the Court on the application of
the plaintiff, City of Miami, for a temporary injunction.
Having heard the testimony of the witnesses, having received
items of documentary evidence into evidence and having
heard the argument of counsel, it is
ORDERED AND ADJUDGED that the defendant, Aaron Adirim,
trading and doing business as Central Hauling System, is
hereby enjoined from operating the commercial waste collection
business in the City of Miami, Florida and the plaintiff,
City of Miami, is not required to post a bond in connection
with this temporary injunction order, 4
DONE AND ORDERED at Miami, Dade County, Florida, this
day of .august, 1975.
Aolt
P ,r
•
U s PAUL BAJIZR
CIRCUIT JUDGE
JAMES P. ECKHAter
Attorney at LAw
370 Minoru Avenue
Graf Cable, Florida 33134
July 16 ► 197$ (305) .1133
Office of City Manager
City of Miami
Dinner Key
Miami, Florida
Attentions NIA. C otich sista t Qitt_Mana e
Dear Sirs
It is requested that I be placed on the Agenda
for the July 31 meeting of the City Commission relative
to occupational licenses for waste and trash companies.
The Ordinances of the City of Miami on this sub-
ject are not being enforced, and every administrative step
open to my clients has been taken to no avail.
It is requested that the time allocated be approxi-
mately 20 minutes.
Very respectfully,
t. .:i"t� /
James F. Eckhart
074P0-1-4744t
75- 7/‘