Loading...
ARTICLE B. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
SECTION:
5-16B-1: Certificate Required For Operation
5-16B-2: Application; Information Required
5-16B-3: Insurance Required
5-16B-4: Additional Authority By Holders; Application
5-16B-5: Fees For Certificate; Additional Authority
5-16B-6: Issuance; Determination Authority
5-16B-7: Transfer Restrictions
5-16B-8: Suspension And Revocation; Conditions
5-16B-9: Vehicles; List Filed With Police Department
All persons required by any ordinance of the City to obtain a certificate of public convenience and necessity as a condition of operating a public transportation for hire business within the City shall be governed by this Article. Nothing herein shall relieve any persons of the requirements of any other applicable City ordinance.
(1979 Code § 5.60.010; Ord. 98-54, 8-18-1998)
A. Submission; Information: An application for a certificate shall be filed with the Business License Coordinator upon forms provided by the City, and the application shall be verified under oath and shall furnish the following information:
1. The name and business address of the applicant and, in the event the application is made a corporation, a certified copy of the articles of incorporation. No application shall be made on behalf of another person, without disclosing that fact and stating the name of the person on whose behalf the application if filed. The application shall also include the residence address of all sole proprietor applicants, of all partners of partnership applicants and of all officers and directors of corporate applicants.
2. The number of vehicles actually operated by such applicant for public transportation for hire as of the date of such application.
3. The number of vehicles for which a certificate of public convenience and necessity is desired for public transportation for hire.
4. The location of the proposed central place of business and any other office to be maintained.
5. The financial status of the applicant, including any unpaid or nonbonded judgments of record against such applicant, the title of all actions and the amount of all such judgments, and the nature of the transaction or acts giving rise to such judgment.
6. The experience of applicant in public transportation of passengers for hire.
7. The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant.
8. Any facts which the applicant believes tend to establish that public convenience and necessity would be served by the granting of a certificate.
B. Application; Public Hearing: Upon the filing of an application, the Mayor, or the Mayor's designee, shall fix a time and place for a public hearing thereon.
C. Hearing; Notice To Applicant, Other Holders And Public: Notice of the public hearing shall be given to the applicant, and to all persons to whom certificates of public convenience and necessity have been theretofore issued, by United States mail, and notice shall be given the general public of the City by posting a notice of such hearing in the office of the City Recorder and publishing, at least once, in a newspaper of general circulation in the City. Said notices shall be given at least ten (10) calendar days prior to said hearing.
(1979 Code § 5.60.020; Ord. 98-54, 8-18-1998)
No certificate of public convenience and necessity shall be issued or continued in operation, unless there is on file with the city recorder a certificate of insurance executed by an insurance company or association authorized to transact business in this state, approved as to form by the city attorney, that there is in full force and effect a comprehensive general liability policy of insurance covering the operation of applicant's business operations with minimum limits of five hundred thousand dollars ($500,000.00) per person in any one occurrence and one million dollars ($1,000,000.00) for two (2) or more persons in any one occurrence for personal injury, and five hundred thousand dollars ($500,000.00) for property damage for any one occurrence. Such policy or policies shall include coverage of all vehicles and horses used or to be used for public transportation for hire, all stables and other buildings and structures occupied or used, and all motor vehicles used in connection with applicant's business. A current certificate of insurance shall be kept on file with the city recorder at all times that a certificate of convenience and necessity is held verifying such continuing coverage and naming the city as an additional insured. The certificate shall contain a statement that the city will be given written notification at least thirty (30) days prior to cancellation or material change in the coverage without reservation of nonliability for failure to so notify the city. Cancellation shall constitute grounds for revocation of the certificate of convenience and necessity issued hereunder unless another insurance policy complying herewith is provided and is in effect at the time of cancellation/termination.
(1979 Code § 5.60.030; Ord. 98-54, 8-18-1998; amd. Ord. 2008-52, 10-21-2008)
Upon the filing of an application for a certificate, any present holder of a certificate may apply for additional authority under such certificate for the same or any other number of vehicles for which authority is asked in the application, and such request for additional authority shall be heard in conjunction with the application initially filed.
(1979 Code § 5.60.040; Ord. 98-54, 8-18-1998)
A. An application for a certificate of public convenience and necessity or an application for a certificate of additional authority hereunder shall be accompanied by a payment of a fee of one hundred dollars ($100.00), the same to be applied toward payment of the costs of hearings and proceedings on same. If the costs to the city of such hearings and proceedings exceed one hundred dollars ($100.00), the applicant shall reimburse the city for such excess. If the cost is less than one hundred dollars ($100.00), the city shall refund the difference to the applicant after the final conclusion of such hearings and proceedings. Said fee shall be in addition to the fees required to be paid under chapter 1, article B of this title, or its successor.
B. No certificate shall be issued or continued in operation unless the holder thereof has paid the annual city business license fees as established in chapter 1, article B of this title for the business and for each vehicle authorized under a certificate of public convenience and necessity, and any other fees or charges established by proper authority and applicable to the holder or to those vehicles under the holder's operation and control.
(1979 Code § 5.60.050; Ord. 98-54, 8-18-1998)
A. Issuance; Content: If the mayor, or the mayor's designee, finds that further public transportation for hire in the city serves the public convenience and necessity and that the applicant is fit financially and willing and able to perform such public transportation and to conform to the provisions of this article, then the city shall issue a certificate stating the name and address of the applicant and the number of vehicles authorized under the certificate.
B. Considerations: In making the above findings, the mayor, or the mayor's designee, shall take into consideration the number of vehicles already in operation, whether existing transportation is adequate to meet the public convenience, the probable effect of the issuance on the present carriers, the probable effect of increased service on local traffic conditions, the character, experience and financial responsibility of the applicant, the number, kind and type of equipment, and the ability of the applicant to earn a fair return on the capital invested.
(1979 Code § 5.60.060; Ord. 98-54, 8-18-1998)
No certificate of public convenience and necessity may be sold, assigned, mortgaged, leased or otherwise transferred or encumbered, without the formal consent of the mayor, or the mayor's designee, after a public hearing conducted in accordance with this article.
(1979 Code § 5.60.070; Ord. 98-54, 8-18-1998)
Loading...