The URL can be used to link to this page

Home My WebLink AboutO-08328AM ORDINANCE' 11MENDL NG' Alt`I'tt:td .I1 t., SECTIONS 43-72U.) ,'I'IIROUC;ll 4 3L,25; 0r' Tf1I MiTMt CITY COON 1 N 01H)ER . TO ALLOW 'I'11E,. Ct I'Y . OI' i•IT.AItI trt) ENTER' _1 NTO ,?1C;CtI EM ,I0,S w f `Cl 1 i'R1 \J TE TOWING FIRMS RMS POP THE RURt'r);;I OF 'ro :1 NG AND STORING .ICtPi)Ut t.ij I) ,VENKLES 1)l;LW1 t t rti,1, REFERENCES 1 tJ Isr""i'T'mi 4 •.1 'STORA 7C GARAGES; ; REFERRING TO SECTION' 34-20 ET SEQ .. rOR TI1C IMPOUNIih1ENrt' oF VI:lt.1 C1,l f3 ; REPEALING SECTION . 4 3•- 25 ; REPEALING ALtf ORDINANCES, , CODE SECPI OtIS OR PARTS R of+' IN CONFLICT, INSOFAR 11S THEY ARE IN CONFIA ., ; CONTAINING A S1 VERAI3IL:tPY RROVISIObi; 'AN1) P.R' - Vi bI NG FOR'AN EFFECTIVE hAT1' WHEREAS the City. OE Miami can better ut i .l i j'e C" i Ly properly by' enteri.nq into contracts with private towing -firms .€o provide for, towing service and auto storage; and WHEREAS, towing and auto service in the future is to be accomplished on a contractual basis; and WHEREAS, in order to enter into contracts with private .oinpanie3 for totting services and cuto 3terage, it, i:3 fry( t.o amend Sections 43 and ' 34 of the City Code; NOW, THEREFORE, 131' IT ORDAINED BY THE COMMISSION OF THE CITY OF . MIAMI FLORIDA: Section's. Section 43-20 is hereby repealed and a new Section 43-20 is enacted to read as follows: 1/ "Sec. 43-20. Seizure by Police. department of Thep police is hereby authorized and directed to seize and reduce to the possession of the department of police any lost, captured, abandoned, stolen or wrecked property, including, vehicles; which may be found upon any of the puhl:ic atrpets and highways of the city t t ..�.. Zlliii ♦7 St. !i•l: property as provided in Sections ,43-21 and 34-20 et seq Section 2. Section 43--21 is hereby repc,Ocd anci a new Section 43-21 i :; enacted to read as follows; 1./ "Se?C, 43==Y J 1 fl tC C1� The city Shall 1.,:tv and maintain. a ' garage- of, watehon: ' where the. property cc.i nrl : tinder the pi ov.i si n of this article shall..l:e stored and kept'. 1 or a period of .at least: t'or ty-•f isle'! clays 1. t onl t:Ite date of such se.i �.t.tr. e . Setytion 3. Section 43-22. i s hereby repealed attd .ct new Section:43-22 is enacted tei read as follOwSt 1/, "Sec. 43-22. Notice to owner; redemption. .During the period of forty-five clays provide] in section 43-21, the department of police shall snake every effort to noti fy the owner tel: any such property that the same is being re- tained under the provisions of this article, and shall, throughout such period of forty-five days, permit the owner to regain possession thereof upon proofof ownership .Section 4. Section 4 H23 is hereby repealed and a new Section 43-23 is. enacted to read -as follows 1/ "Sec.--43-23. :[. ten fo:r t.oxage, and keepiry:. Thr coasts aura charcje=s for storage- anti kec;p- ing .uf all. property sei led pursuant to this article, shall constitute. a . lien against such property." Section.5.-Section 43-24 is hereby repealed and'a new Section 43-24 is enacted to read as. follows: 1/ "Sec. 43-24. Sale. After: the expiration of the period of Lor t;y- five days provided in section 43-21, the city manager shall sell any such property, excluding vehicles, not claie trod or reduced to possession by the owner there. ►f , at public sale, after advertising in a nwwspaper of general circula- tion in the city at least one time ten days prior to such sale. Such publicationmay be made before the tot nti.nation of such forty-five day period, for a :.ale thereafter.." Section 43 -25 is hereby retaoa ;`d in its 8ectioh 7. All c7r li.n,inces, code secticsns or pl.vt- thereof in confl tet 11ere i ►-1t, insofar its they ,-tte in con - flict, are hereby i:epealed. Section 8. If any section,.sentence, clause, or word of this ordinance is for any reason held .or declared to be unconstitutional, inoperative or void, such lloldinri or invalidity shall not affect the remaining portions of this ordinance; and it shall be, construed to have been the intent of The Commission of the City of Miami to pass this ordinance without such unconditional, invalid, or inoperative p.ir.t. therein; and the remainder of this ordinance, after the exclusion of such part or parts ,shall be deemed an'1, (hold to be valid as if such parts had not been incl.l.idecl i_ticrrcitt._ Section 9. The provisions of this ordinance (ha11 December 7 1�374 . becon a effective on PASSED AND ADOPTED BY TITLE ONLY. this October 1974. lOthday of PASSED AND ADOPTED ON SECOND AND FINAL READING BY T CTLE v QNLY this 7th day of_ November , 1974. MAURICE.A FERRE MAYOR Attest: H.D.SOUTHERN City Clerk ,3 All inte.eshect will takenotice it on the .7tII day of Nov -cm -barb 13744) the Comtissior of the City of Mi.` ni i iiioi'ida adopted, an, ordinance entitled u AW ORDINANCE AMENDING ARTICLE III, 53sCTI0NS. 43-20 THROUGH 43-25, OF, TLiE t1I?MI CITY CODE IN ORDER TO. ALLOW ' TIIE ,CITY OF MIAMI TO' ENTER INTO AGREEMENTS WITH PRIVATE TOWING FIRMS FOR THE PURPOSE -OF TOWING AND STORING IMPOUNDED VEHICLES,: DELETING ALL REFERENCES IN SECTION 43 TO CITY STORAGE GARAGES; REFERRING TO SECTION, 34-20 ET SEQ . 'FOR TtiE IMPOUNDMENT OF VEHICLES; REPEALING SECTION 43-25; REPEALING ALL ORDINANCES', .CODE SECTIONS .OR PARTS THEREOF IN' CONFLICT, INSOFAR AS,THEY ARE IN CONFLICT; CONTAINING A .SEVERABII,ITY PROVISION ; . AND PRO VIDING: FOR Aid EFFECTIVE DATE.' which is designated Ordinance No.8328. H.D. SOUTHERN CITY CLERK. CITY OF MI MI , FLORIDA AN ORDINANCE AMENDING ARTICLE Itti SECTIONS 43=20 THROtCH 43-25, of THE MIAMI CITY CODE iN ORDER TO ALLOW THE CITY OF MIAMI TO ENTER INTO AGREEMENTS WITH PRIVATE TOWING ?IRMS FOR THE PtfRPOSE OF TOWING AND STORING IMPOUNDED VE iICCLE5; DELETING ALL REFERENCES IN SECTION 43 TO CCITY STORAGE OARACES; REFERRING TO SECTION 34-20 ET SEQ, FOR THE IMPOUNDMENT OF VEHICLES; REPEALING. SECTION 43-25; REPEALING; ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING.A SEVERABILITY PROVISION; AND PRO- VIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Miami can better, utilize City property by entering into contracts with private towing firms to provide for towing service and auto storage; and WHEREAS, towing and auto service in the future is to accomplished on a contractual basis; and WHEREAS, in order to enter into contracts with private companies for towing services and auto storage, it is necessary to amend Sections 43 and 34 of the City Code; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 43-20 is hereby repealed and a new Section 43-20 is enacted to read as follows: 1/ "Sec. 43-20. Seizure by Police.. The department of police is hereby authorized and directed to seize and reduce to the possession of the department of police any lost, captured, abandoned, stolen or wrecked property, including vehicles, which may be found upon any of the public streets and highways of the city and to store such property as provided in Sections.43-21 and 34-20 et seq." Section 2. Section 43-21 is hereby repealed and a new Section 43-21 is enacted to read as follows: 1/ '$FID 1 `,-:),1974 4144e ' 'SeeStarage. The'city shall keep and maihtaif a $4ewege qa#ageme4 Warehouse where the propertyseiZed under the provisions of ' tii S article shall be stored aril kept for a period of at least fo tyMfive days from the date of such seizure." Section 3. Section 43=22 is hereby repealed and a new Section ` 43-22 is enacted to read as follows: 1/ , "Sec. 434-22. Notice to owner; redemption. During the period of forty-five days provided in section 43-21, the department of police shall make every effort to notify the owner of any such property that the same is being re- tained under the provisions of this article, and shall, throughout such period offorty-five. days, permit the owner to regain possession thereof upon proof of ownership aad-kapea-payment e€-the-eeeEage-ekaEgee-and-seats-eeaaeeted-with the-seieuEe-aad-eterage-ef-seek-prepeEty. Section 4. Section 43-23 is hereby repealed and a new Section 43-23 is enacted to read as follows: 1/ "Sec. 43-23. Lien for storage and keeping. The costs and charges for storage and keep- ing of all property seized pursuant to this article shall constitute a lien }a-EasieE-a€-the eiey against such property." Section 5. Section 43-24 is hereby repealed and a new Section 43-24 is enacted to read as follows: 1/ "Sec. 43-24. Sale. After the expiration of the period of forty- five days provided in section 43-21, the city manager shall sell any such property, excluding vehicles, not claimed or reduced to possession by the owner thereof, at public sale, after advertising in a newspaper of general circula- tion in the 'city at least one time ten days prior to such sale, Such publication may be made before the termination of such forty-five day period, for a sale thereafter." gection Fsr section- is hereby repealed in its entirety,, gection 7r Ali Ordinances, code sections or parts thereof in conflict herewith, insofar as they are in con- flict are hereby repealed. Section 84 if any section, sentence, clause, phrase, or word of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this ordinance; and it shall be construed to have been the intent of The Commission of the City of Miami to pass this ordinance without such unconditional, invalid, or inoperative part therein; and the remainder of this ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. Section 9. The provisions ofthis ordinance shall become effective on e C , 1974.. PASSED AND ADOPTED BY TITLE ONLY this 10 nCT0BER , 1974. day of PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of 44"1' 1974. MAY OR Attest: City Clerk tiREPARED AtD ,PPabVED B: Mikete .Cattet- Assistant City Attorney APPROVED^ASTO VoRM AND CORRECTNESS: r ; on S . Lloyd pity Attotney. Words stricken through shall be deleted. Underscored words constitute the amendment proposed. Remaining provisions are now in effect and remain Unchanged. MIAMI REVIEW ANb BAILY ftEd RB PigitisAkt bat itreitil $etiu ayl 5teiirtay tintl " Lod f`olittayt Itilar"i)i, bane rvnfhty, PlaHda. StAit Of €iliOibA • bottNiit. oft. bAbt: Setae the undefstgned atlthoftfy per§onatfy ao bbeftied Martha rbrobnie, Who 3n oath SAYS that Sheis the , V.P.i Legal Ad§ of the Miarni Review and Deily Record, _® daily (except. Saturday, Suntday, and Legal ;.Holidays) hewspapnr published at Mehl In Dade todnty _Florida; that tile, attached Copy cf aduer. tisement, being .6 Legal ,the or Notice In the Matta of e: o tbtNAi4CE No. 8328 In the X sou: t was published In Said newtpaperin the Issues of, November 13, 19'74 Affient further says that the sad Miami Review end Daily Rccord is a newbpaper published at Miami. In said Dade County, Florida, and that the said news. paper has heretofore been continuously pua:rshed In said Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been unwed as second Class mail matter at the posfo:hce in Miami, In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; ana nffiant further says that she has neither paid nor promised any person, firm or Corporation any discount, rebate. commission or " refund for the purpose of securing this advertisement for publication In the said new .paper. before me this 0 19.. 7 4... lorida at Large 1977. ii ik:iff t it1 ''' a` fAtrt: totli;N 'I) t'I.OtfttliA Ait.i1�ielnsf fl hti"tt,`take hetict` thitt i t the 71h' dn3"'of ;i<7iEvrrtt bttf,-1611' the thdttiititiEltiti 1)t the City. of Mitsihf. 'FInfida adopted nh oiiitftririt,"t+htttled A:4 bittitNA&rct : AtiENb- irtrl_ ,\CtTICLg. ttl,. _ SEC.:. TIONS d3. o ''I`1lRbtJtlti 43-2A. OF TEtt: MIAMI Y'Ot)F:- IN ORI7t;R TO' ., ALLOW' ;CtTt CtF' MiAMI TO, t�NTI4E_ TER 'INTOAr3Rf;P:Mt~;;tS WI It PM- VATS TOWLvrt i~IRMtS FOR Tito rinliiOSt•::OF, TOW iNO AND STOjtING I'OUNI)Et3 Vt:EttCLI:S: ht'- Lf:T1Nri - AtliREFM:f1- SNCP:S IN 'SECTION 43 TO CiTY sTORAt:t: GA1tAC,ES - RI:FERRiN(I TO. SECTION 31-20 P.T. SEQ. FOR THE IMPOUNDMENT Or Vi:- 1ItCLt:S:. RCPEALINC SEC- TION 43.23: , REPI;ALtNG ALL ORniNANCES, Col) S1:CTIONS OR' • PARTS THEREOF. iN CONFLICT. INSOFAtt • AS • Tt4EY Ant.: IN' CONFLICT: CONTAIN- , INr i \ SEVI':ItAI3tLIT1- t'ROVIStON:'ANt) PROVII) INO FOR AN EFFECTIVE DATE, which I! deals:nated Ordinance No. S32S. it. t). 511ti•rtit•:RY CITY CL1 RR CITY OF J11AMI. 'FLORIDA I'uh11,'ntinn of ihir. notice on • this 13th day tit' Nnt'c'mber. Ih71. 11/13 Dlll�r)1