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Date
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November 9,
2009
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Agenda
Item No. 45 Roll
Call No. 09- Communication No. 09-780 Submitted by:
Jeb E. Brewer, P.E. City Engineer |
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AGENDA
HEADING:
Public
hearing upon application of Michael G. Marks, d/b/a Marks Limousine Service,
2433 SE 14th Street, Des Moines, Iowa 50320, for Certificate of Public Convenience
and Necessity to Operate a Limousine Service in the City of Des Moines.
SYNOPSIS:
Michael
G. Marks, d/b/a Marks Limousine Service, has applied for a Certificate of
Public Convenience and Necessity to operate a limousine service in the City of
Des Moines, with a total of one vehicle.
Staff
has reviewed the application and the liability insurance certificate and has
determined that Marks Limousine Service meets the requirements for providing limousine
service. As required by ordinance, a public hearing must be
held prior to any certificate being issued.
FISCAL
IMPACT:
Amount: The ordinance provides for annual
license fees of $250 per company and $75 per vehicle.
Funding Source: Revenue to Traffic and Transportation
Division, Operating Budget, Traffic Engineering, ENG100419, page 95 of FY 2010
Operating Budget.
ADDITIONAL
INFORMATION:
Section
126-63 of the Municipal Code requires the following information to be included
in the application for a Certificate of Public Convenience and Necessity:
1.
The name, address and age of the
applicant.
2.
The financial status of the applicant,
including the amounts of all unpaid judgments against the applicant and the
nature of the transaction or acts giving rise to the judgments.
3.
The experience of the applicant in the
transportation of passengers, including a statement of any state or
municipality where the applicant has ever been licensed to operate a limousine
or limousine service, whether such license was ever suspended or revoked and
the reasons for suspension or revocation, and whether an application for a
license or a renewal of a license was denied and the reasons for denial.
4.
Any facts that the applicant believes
tend to prove that public convenience and necessity requires the granting of a
certificate.
5.
The number of vehicles to be operated or
controlled by the applicant.
6.
The location of proposed vehicle
storage.
7.
A statement of the condition of the
vehicles to be operated, including the age and type of each vehicle, and the
date on which the vehicle passed its most recent safety inspection, if any.
8.
A statement as to whether the applicant
has, within the ten years immediately preceding the date of application, been
convicted of, pled guilty to or stipulated to the facts of violating any
criminal statute or ordinance, including traffic laws and municipal
ordinances. If the applicant has been
convicted, a statement as to the date and place of conviction, the nature of
the offense and the punishment imposed.
9.
The number of vehicles proposed for
operation during periods of maximum demand and during periods of least demand.
10.
Where the applicant will operate its
central place of business.
11.
The color scheme or insignia, if used,
to designate the vehicles of the applicant.
12.
Such further information as the traffic
engineer may require of each applicant.
At
their October 26, 2009 meeting, by Roll Call No. 09-1919, the City Council set
the Council meeting of November 9, 2009, as the date for public hearing for Michael
G. Marks, d/b/a Marks Limousine Service.
Staff
has reviewed the application and the liability insurance certificate and has
determined that Marks Limousine Service meets the requirements for providing limousine
service. There are a total of 57
licensed limousines in Des Moines at this time.
Section 126-65(a) provides if the
Council finds at the conclusion of the public hearing that further limousine
service in the City of Des Moines, or between any point or points in the
City and elsewhere, is required by the public convenience and necessity and the
applicant is fit, willing and able to perform such public transportation and to
conform to the provisions of the subchapter, then the Council shall direct the
City Traffic Engineer to issue a certificate stating the name and address of
the applicant, the number of vehicles authorized under said certificate and the
date of issuance; otherwise, the section provides the application shall be
denied.
Section 126-65(b) provides that
in making the findings of subsection (a) of said section, the Council shall
take into consideration the number of limousines already in operation, whether
existing transportation is adequate to meet the public need, the probable
effect of increased service on local traffic conditions and the character,
experience and responsibility of the applicant.
PREVIOUS
COUNCIL ACTION(S):
Date:
October 26, 2009
Roll
Call Number: 09-1919
Action: On Application for Certificate of Public Convenience
and Necessity to operate limousine services for Michael G. Marks to do business
as Marks Limousine Service, (11-9-09). Moved by Vlassis to adopt.
Motion Carried 7-0.
BOARD/COMMISSION
ACTION(S): NONE
ANTICIPATED
ACTIONS AND FUTURE COMMITMENTS: NONE
For more information on this and other agenda items,
please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office
on the second floor of City Hall, 400 Robert D. Ray Drive. Council agendas are available to the public
at the City Clerk’s Office on Thursday afternoon preceding Monday’s Council
meeting. Citizens can also request to
receive meeting notices and agendas by email by calling the Clerk’s Office or
sending their request via email to cityclerk@dmgov.org.