§ 94-34. Same—Investigation; issuance; denial.

(a)

After receiving any application for such a grant, the city council shall make or cause to be made by its agents or employees, or by persons designated by it, such investigation as it may consider necessary, which investigation may include any hearings that the persons authorized by the city council to make such investigation may deem necessary, and the city council shall determine whether the public necessity and convenience require the operation of such taxicabs and whether the applicant is fit and proper and qualified and able to efficiently conduct such business and render such service to the public. In determining whether said grant should be made, the city council shall consider, among other things, the following items:

(1)

Probable permanency and quality of the service offered by the applicant, the experience he has had in rendering such service in the city or similar service elsewhere, and the past record and experience of the applicant in adjusting claims and paying judgments, if any, to claimants.

(2)

The financial ability of the applicant to respond in damages to claims or judgments arising by reason of injury to persons or damage to property resulting from operation of a taxicab.

(3)

The price the applicant proposes to charge for a service to be rendered and whether or not adequate and dependable service can be rendered for such a price.

(4)

The character and condition of the taxicabs to be used.

(5)

If said applicant be a corporation, the fitness of the officers, directors and stockholders of the corporation making such application, and each of the above-enumerated items as applied to each of said stockholders, officers and directors.

(6)

The character and past record of the applicant, and if said applicant be a corporation, of its officers, directors and stockholders.

(b)

The evidence in any investigation, inquiry or hearing may be taken by the city council as a whole or by any councilman, councilmen, agent, agents, employee, employees, representative or representatives authorized, requested or designated to conduct and carry on such investigation, inquiry or hearing by the city council, and every finding and opinion made by such persons authorized or instructed to conduct such investigation, inquiry or hearing shall be the finding or opinion of the city council itself when presented to the city council in open meeting and adopted, approved or confirmed by the city council. If the city council finds that the public necessity and convenience do not require the operation of any additional taxicabs or that the applicant is not fit to conduct such business for any reason, or that the interest of the general public in the city will best be served by the refusal of such application, it shall forthwith refuse such application and no grant shall be made to such applicant. If the city council finds that the public necessity and convenience require the operation of the number of taxicabs applied for, or of a lesser number, and that the applicant is fit and qualified, morally and financially, to conduct the business, and that the general welfare of the citizens of the city will best be served by addition of more taxicabs, and that all other requirements of this article have been fully complied with by the applicant, it shall notify the applicant and all holders of franchises or grants made under this article of its findings. In the event of such a finding, the then holders of franchises or grants made under the terms of this article shall be given a period of 30 days within which to add a sufficient number of taxicabs to their operating fleets to take care of the need found to exist by the city council. If within said 30-day period, said taxicabs are added and so located as to fill adequately the need found to exist, then the city council shall forthwith refuse the application and no grant shall be made to such applicant; however, if the then holders of franchises or grants made under the terms of this article fail to obtain the additional taxicabs needed and to so locate them as to adequately fulfill the need found to exist within said 30-day period, the city council shall, by ordinance, grant to the applicant a franchise or grant of privilege authorizing him to operate the number of taxicabs within the city specified by the city council.

(c)

No franchise or grant of privilege made under the terms of this article shall be transferable without the formal consent and approval of the city council after proper application made thereto. If the city council deems it necessary or advisable after receipt of such an application for permission to transfer such grant, it may make or order to be made such investigation as it deems necessary to satisfy itself that the proposed transferee is a fit and proper person to conduct such business and to pay any claims for damages which might be asserted against him by virtue of the operation of such taxicabs, and that the operation of such business by the transferee will be beneficial to the general public in the city.

(Ord. No. 150, art. II, § C, 12-1-55; Code 1973, § 20-23)