REVOCATION OF TAXI PERMITS - Laserfiche WebLink

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f'~ -"\ OFFICE OF .THE CITY ATTORNEY OPINION N0. 72-22 SEPTEMBER 5, 1972 SUBJECT: Revocation of Taxi Permits OPINION BY: James A. Withers, City Attorney Robert C. Sangster, Deputy City Attorney ISSUE: What procedure should be followed in revoking certificates of public convenience and necessity issued to taxi companies, and what are the grounds for such a revocation. ANALYSIS The City'Council has instructed the staff to investigate the operations of U.T.O., Inc. and report back to the Council. A certificate of public convenience and necessity to operate 10 taxis in the City was granted to U.T.O. on June 27, 169. The question is whether the certificate should be revoked. ~^ §38-7 of the SAMC says that .a certificate maybe revoked or suspended by the Chief of Police if the holder violates any provision of the sec- tion of the code dealing with vehicles for hire, discontinue his opera- tions for more than 30 days, or violates any city ordinance or statute. Prior to such suspension or revocation, the holder shall be given an opportunity to be heard. After such hearing he can appeal to the City Council for a review. U.T.O.'s certificate was revoked on March 23, 1972. A subsequent hearing was held before David Taycoo Assistant to City Manager, who set forth his findings in a memorandum dated August 15, 1972. §38-2 of the code sets forth the requirement for a taxi com- pany to have a certificate of public convenience and necessity from the Council. §38-3 to 38-5 deal with application, hearing, and issuance of the certificate, and §38-6 imposes restrictions on transfer of the cer- tificate. BACKGROUND OF U.T.O. U.T.O., Inc. was incorporated on May 2, 1968. An application signed not by the corporation but by the incorporators individually is dated November 13, 1968. A petition for further consideration dated April 7, 1969, was filed subsequently. This application was also signed by the parties individually. It lists the officers of the corporation as Larry J. Ogden, President, Frank Nardiello, Secretary, Frank Perry, Treasurer, Glen Daniel Genoway, Jr., Vice-President. All of the above are also named as directors. An additional director named is Tiofilo r' Keith Jacquez. The parties who signed the first application are George Brazer, Larry Ogden, Frank Nardiello, Frank Perry, and Lee Thompson. The. incorporators are. listed in the articles as George Brazer, Frank Nardiello, Harvey Onstott, Frank Perry, and Lee Thompson. d~