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CERTIFICATE OF PUBLIC CONVENIENCE <br />AND NECESSITY - (Continued) <br /> <br />Councilman Patterson's motion, seconded by Councilman Markel, to deny the <br />application of C & S Tours, Inc., for a Certificate of Public Convenience and <br />Necessity failed on the following roll call vote: <br /> <br />AYES: <br />NOES: <br />ABSENT: <br /> <br />Patterson, Markel, Griset <br />Villa, Evans, Herrin, Yamamoto <br />None <br /> <br />Councilman Herrin's motion, seconded by Councilman Villa, to grant a <br />Certificate of Public Convenience and Necessity to C & S Tours, Inc., to do <br />business and to operate fifteen (15) taxicabs within the City of Santa Ana, carried, <br />on the following roll call vote: <br /> <br />AYES: <br />NOES: <br />ABSENT: <br /> <br />Herrin, Villa, Evans, Yamamoto <br />Griset, Patterson, Markel <br />None <br /> <br />CERTIFICATE OF PUBLIC <br />CONVENIENCE AND NECESSITY <br /> <br />(30) taxicabs within the City of Santa Ana. <br /> <br />The Mayor opened the public <br />hearing on the application filed by <br />Tustin Cab Company to operate thirty <br /> <br />Mr. Milford Dahl, Jr., Rutan and Tucker, representing the applicant, Gordon <br />Wiggins, stated that the Tustin Cab Company was originally formed by Mr. George <br />Brazier in 1966 or 1967; that in 1969, Mr. Brazier decided he would like to legally <br />pick up passengers in the City of Santa Ana, but had to obtain a Certificate of Public <br />Convenience and Necessity; that due to certain background problems, Mr. Brazier <br />did not l'eel he could obtain that Certificate, so he and his drivers formed UTO, Inc.; <br />thai his sole purpose was to obtain permits to operate in the City of Santa Ana and distrib~ <br />profits among the drivers to encourage them to be good cab drivers. He stated that the <br />organization was incorporated; that there were public hearings to determine public <br />necessity, and ten permits were approved. He stated that at that time there were 20 <br />people; that eventually a number of them became disillusioned and the number was <br />reduced to 13, among them Mr. Brazier and my client; that in June, 1970, Mr. Wiggins <br />purchased the Tustin Cab Company from Mr. Brazier; that at that time he paid, <br />roughly, $50,000 and~here were approximately 15 cabs in good operating condition on <br />the road every day; that after the Certificates were given to UTO, they did not really <br />operate as a separate corporation; they had the same insurance, same books, same <br />personnel, and same stock. He further stated thai in Mar~ch, 1971, a dispute arose <br />between Mr. Brazier and Mr. Wiggins; that while Mr. Wiggins was out of town, <br />Messrs. Brazier, Cole, and Welchtook possession of the business without any Court <br />proceedings; that Mr. Wiggins filed a suit for fraud in the Orange County Superior <br />Court and obtained a judgment agiinst all of these genfrerr~nlinAugust 1971; that the <br />gentlemen were ordered to return all equipment to Mr. Wiggins; that they were also <br />required to make payments on the cabs owned by Tustin Cab Company. He stated that <br />they defaulted on the payments, purchased new cabs, and when the Orange County <br />Marshal returned the cabs to Mr. Wiggins, the other group moved the new cabs to <br />Birch Street and started operating as a separate corporation; that the Marshal also got <br />those cabs, since they were owned by the Tustin Cab Company, financed by them and <br /> <br />CITY COUNCIL <br /> <br />February 7, 1972 <br /> <br /> <br />