No public vehicle shall hereafter operate for the transportation
of persons as passengers for compensation or hire within the city
without first having obtained from the city council under the provisions
of this article a certificate declaring that the public convenience
and necessity require such operation.
[Code 1984, ch. 4, § 1(B)]
Application for a certificate of public convenience and necessity
for the operation of public vehicle within the city shall be made
to the city council and shall set forth the name and address of the
applicant, the trade name under which the applicant does or proposes
to do business, the number of vehicles the applicant desires to operate,
the class, seating capacity, design and color scheme of each vehicle
and the lettering and marks to be used thereon, whether or not the
applicant has been convicted of the violation of any national, state
or municipal law, and whether or not the applicant or any person with
whom he has been associated or employed has claims or judgments against
him for damages resulting from the negligent operation of a public
vehicle, the financial ability and responsibility of the applicant,
his ability to respond in damages in the event of injury to person
or damage to property by reason of the negligent operation of a public
vehicle, and, if the applicant is a firm or corporation, its organization
and personnel, the nature and character of service that the applicant
proposes to render, facts showing the demand for such service, the
experience that the applicant has had in rendering such service and
the period of time that he has rendered it in the city, the price
that he proposes to charge for such service, facts showing that adequate
and dependable service can be rendered for the prices stipulated and
that they are not in excess of fair and reasonable charges to be made
for such service, and any other information as may be required by
the city council.
[Code 1984, ch. 4, § 1(C)]
(a) The
city council shall make or cause to be made such investigations as
it may consider necessary, including any hearings that it may deem
desirable, as to any applications for such certificates and shall
determine whether or not the public convenience and necessity require
the operation of such vehicle or vehicles and whether or not the applicant
is fit and proper to conduct such business, and may investigate the
fitness of the officers and stockholders of any corporation making
such application.
(b) In
determining whether or not a certificate should be issued, the city
council shall give weight and due regard, among other things, to:
(1) Probable permanence and quality of the service offered by the applicant,
the experience that the applicant has had in rendering such service,
the past experience of the applicant in adjusting claims and paying
judgment, if any, to claimants as a result of injuries received from
the negligent operation of public vehicles;
(2) The financial ability of the applicant to respond in damages to claims
or judgments arising by reason of injury to person or damage to property
resulting from negligent operation of a public vehicle;
(3) The prices the applicant proposes to charge for the service to be
rendered will not exceed that which is provided by ordinance of the
city in effect at time of filing such application; and
(4) The character and condition of the vehicles to be used.
(c) The evidence in any investigation, inquiry or hearing may be taken by the city council or by any councilmember, agent or employee to whom such investigation, inquiry or hearing has been assigned by the city council, and every finding, opinion and order made by the city council, or by such councilmember, agent or employee as specified in subsection
(a) of this section, pursuant to such investigation, inquiry or hearing, when adopted, approved or affirmed by the city council, shall be the finding, opinion or order of the city council.
[Code 1984, ch. 4, § 1(D)]
(a) If
the city council finds that the public convenience and necessity require
the operation of a greater or lesser number of vehicles than that
for which the certificate has been applied and the applicant is fit
to conduct the business and that the other requirements in this article
have been complied with, the mayor, under the attest of the city secretary,
shall issue to such applicant a certificate of public necessity and
convenience accordingly. If the city council finds that public convenience
and necessity do not require the operation of any such vehicles or
that the applicant is not fit to conduct such business, it shall forthwith
refuse such application and no certificate or license shall be issued
to such applicant.
(b) It
is further provided that should the city council find that public
convenience and necessity at any time require additional taxicab service
preference shall be given to the persons or companies operating existing
service, should they be willing to furnish it.
[Code 1984, ch. 4, § 1(E)]
Such certificate of public necessity and convenience shall not
be transferable without the consent and approval of the city council
after application and hearing as provided upon original application
by the person to whom the certificate is issued, but the applicant
may by appropriate endorsement made on such certificate under the
direction of the city council substitute another vehicle or vehicles
in the place of that for which the certificate was granted.
[Code 1984, ch. 4, § 1(F)]
The city council at the time of issuing a certificate of public
convenience and necessity shall charge each grantee a reasonable rental
based upon the number of taxicabs operated, streets and thoroughfares
used, number of miles traveled thereon and the number of passengers
transported, as compensation for rental for the use and occupancy
of the streets and thoroughfares of the city. Such rental charge shall
be paid at the office of the city secretary in accordance with the
terms and provisions of the certificate. The city council may at any
time increase or decrease such rental charge due to a change in conditions
or an increase or decrease of the use of the streets of the city,
after ten days notice to any and all persons operating in the city
pursuant to a certificate of public convenience and necessity issued
pursuant to the provisions of this article. Such rental charge shall
not exceed two percent of the gross receipts per annum received by
licensee in the operation of the business.
[Code 1984, ch. 4, § 1(N)]