[1961 Code, § 21.13; Ord. 271; Ord. 538; Ord. 1016]
No person shall engage in the business of operating any taxicab or any other company supplying public bus transportation to various points within the city without having first obtained from the City Council a certificate of public convenience and necessity.
[1961 Code, § 21.14; Ord. 271; Ord. 538]
All persons applying for a certificate required by § 118.35 shall file with the City Council a verified application which shall set forth:
(A) 
The name and address of the person making application;
(B) 
If, at the same time of making application such person is actually operating a passenger carrier company the name of the company and the area which it services;
(C) 
The area for which a certificate of public convenience and necessity is desired;
(D) 
A description of the proposed service and proposed charges and rates for the services;
(E) 
Such other information as the City Council may require.
[1961 Code, § 21.15; Ord. 271; Ord. 538]
Upon filing of the fully completed application for the certificate of public convenience and necessity, the City Clerk shall fix the time for a public hearing thereon before the City Council for the purpose of determining whether the public convenience and necessity require the proposed service. No certificate shall be granted until the City Council shall, after hearing, declare by resolution that the public convenience and necessity require the proposed service.
[1961 Code, § 21.16; Ord. 271; Ord. 538]
Notice of the time and place of the public hearing before the City Council shall be published once in a newspaper of general circulation in the city, and the cost of the publication shall be at the expense of the applicant.
[1961 Code, § 21.17; Ord. 271; Ord. 538]
In determining whether public convenience and necessity require the proposed service for which the application is made, the City Council shall investigate and consider:
(A) 
The demand of the public for the requested service;
(B) 
The adequacy of the existing service;
(C) 
The financial responsibility and experience of the applicant;
(D) 
The effect which the service may have upon existing service.
[1961 Code, § 21.18; Ord. 271; Ord. 1016]
If the City Council shall, by resolution, declare that public convenience and necessity require the service, a certificate to that effect shall be issued to the persons entitled thereto; provided the City Council may in its discretion determine the area of service and limitations on the granting of such permit and any change in the area of service shall require new application and approval; provided further that no certificate authorized hereunder shall be issued to any person who shall not have fully complied with all of the necessary requirements of this chapter.
[1961 Code, § 21.19; Ord. 271; Ord. 1016]
Sections 118.35 through 118.46 shall not affect the number of taxicabs operating with valid permits on the effective date of this section.
[1961 Code, § 21.20; Ord. 271; Ord. 1016]
Every owner operating a taxicab under permission of the City Council prior to the effective date of this chapter shall be presumed to have established prima facie evidence of public convenience and necessity for the licensing of his taxicabs actually in operation, and the City Council, upon written application received by it not later than 15 days after the effective date of this chapter shall grant a certificate to such owner for such taxicabs.
[1961 Code, § 21.21; Ord. 271; Ord. 538]
If the service permitted hereunder is for any reason discontinued for a period of 30 days, the certificate granted shall be automatically canceled, and shall be restored only in accordance with the provisions of this subchapter.
[1961 Code, § 21.22; Ord. 271; Ord. 1016]
If an owner sells or transfers title to a vehicle for which a certificate has been issued, or in the event a taxicab for which a certificate has been issued, has been destroyed, he is entitled, as a matter of right, upon written application to the City Council made within 15 days after such sale, transfer or destruction, to have a new certificate issued, but for no greater number than sold, transferred or destroyed, and provided such owner has complied with all the provisions of this chapter.
[1961 Code, § 21.23; Ord. 271; Ord. 538]
(A) 
The City Council may at any time revoke or suspend the certificate granted pursuant to this subchapter:
(1) 
If the company's record is unsatisfactory;
(2) 
If the company fails to operate the service in accordance with the provisions of this chapter;
(3) 
If the company discontinues or suspends operation of service for a period of 30 days without permission first had and obtained from the City Council.
(B) 
All certificates which shall have been surrendered or revoked by the City Council shall be surrendered to the City Clerk, and the operation covered by such certificates shall cease and be unlawful.
[1961 Code, § 21.24; Ord. 271; Ord. 538]
(A) 
The City Council shall act on the company's application for a certificate of public convenience and necessity by resolution and may deny any such application, if in its sound discretion, it determines that:
(1) 
There is a reasonable cause rendering the proposed operation undesirable or inadequate to this city or the financial condition of the company appears to the City Council to be unstable or inadequate to perform the conditions which may be reasonably imposed;
(2) 
There is insufficient public need or demand for the proposed service;
(3) 
The applicant's operation is inadequate or unsafe or applicant fails to meet reasonable issuance requirements established by the city.
(B) 
The City Council may, by resolution, and after five days written notice to the company, suspend or revoke a company's certificate of necessity for any of the grounds for which it may deny an application and, in addition thereto, it may suspend or revoke any company's certificate of necessity, for a violation of any of the provisions of this chapter.
[1961 Code, § 21.24-1; Ord. 538]
Prior to the issuance of a certificate of public convenience and necessity, the applicant therefor must show proof of coverage and shall, during the existence of the certificate of public convenience and necessity, maintain public liability insurance in a minimum amount of $1,000,000 combined single limit and such policy shall carry an endorsement protecting the city against any claims or demands as a result of persons injured or killed or property damaged as a result of the operation of the passenger carrier by the applicant and a copy of such policy or policies shall be deposited with the City Clerk together with an endorsement thereon requiring the insurance carrier to notify the city ten days in advance of any intended cancellation or material change in such coverage.
[1961 Code, § 21.24-2; Ord. 538]
Prior to the issuance of such certificate of public convenience and necessity the applicant shall deposit with the Department of Public Works the cost estimated by the Department of Public Works for the installation and signing of all bus stops proposed to be used by the applicant together with a bond assuring that upon the termination of bus service or upon failure of the company, for any reason, the bus stops may be removed without cost to the city. Such bonds shall be in an amount determined by the Department of Public Works.
[1961 Code, § 21.24-3; Ord. 538]
Any driver of a passenger carrier operating under a certificate of public convenience and necessity under the terms of this subchapter shall comply with all rules and regulations set forth in §§ 91.55 through 91.60 of the Code relating to ambulance drivers.
[1961 Code, § 21.24-4; Ord. 538]
The City Manager may promulgate a set of rules and regulations describing the duties and procedures to be observed and complied with by drivers of passenger carrier or by the owner of a certificate of public convenience and necessity hereunder, which rules and regulations and any amendments thereto shall be subject to approval by the City Council. Such rules, regulations and amendments, when approved by the City Council by resolution and filed with the City Clerk, shall constitute enforceable provisions of this chapter and violations thereof shall be subject to the penalties provided by this chapter. Copies of such rules, regulations and any amendments thereto, shall be delivered to each owner of such certificate of public convenience and necessity at the time such certificate is granted.