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HomeMy WebLinkAboutR-82-0664rk n RESOLUTION NO. N12-18V'0 A RESOLUTION GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE OPERATION OF A FIXED -ROUTE VEHICLE TRANS- PORTATION SERVICE TO ALPHE WILLINGHAM; t CONTAINING FINDINGS; ESTABLISHING THE FORM OF THE SAID CERTIFICATE AND SETTING FORTH CONDITIONS TO WHICH THE CERTIFICATE IS SUBJECT. WHEREAS, a public hearing was duly held on July 22, 1982 upon Alphe Willingham's Application for a Certificate of Public Convenience and Necessity pursuant to the provisions of the City Code pertaining to vehicles operating on fixed routes; and WHEREAS, the City Commission has taken into consideration matters that have been brought to its attention which pertain to the qualifications of the Applicant to render the conven- ience of the transportation service proposed in said Applica- tion which has been considered as being in substantial compli- ance with the City Code provisions; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Public convenience and necessity in the City of Miami requires the operation by Alphe Willingham of the fixed -route vehicle transportation service as offered and set forth in the verified Application, as amended, filed by said Alphe Willingham bearing the date of January 25, 1982; said requirement existing due to the City Commission hereby finding that the fixers -route vehicle transportation service already provided by existing like certificate holders is inadequate to meet the public need for such service. Section 2. By virtue of the recitals set forth in the preamble hereto and the findings contained in Section 1 hereof, a Certificate of Public Convenience and Necessity is hereby granted to Alphe Willingham in accordance with the herein resolution and the route, fare and time schedule as set forth CITY COMMISSION MEETING OF JUL2 2 1982 100wroM oo....................�. 14 0 in the amended Application dated January 25, 1982, subject to the conditions contained in Sections 4, 5 and 6 hereof. Section 3. The Certificate granted by this resolution shall consist of a certified copy of the resolution together with a certified copy of the amended Application as set forth in Section 1 hereof. Section 4. The rights and privileges herein authorized may not be discontinued, sold, leased, transferred, or assigned unless such discontinuance, sale, lease, transfer, or assign- ment has first been approved by the City Commission. Section 5. No vehicle may be operated by the herein Appli- cant unless such vehicle is owned by him or is used or leased under a contract or agreement on a basis which complies with all of the provisions of the City Code and state statutes. Section 6. The Applicant shall file his written acceptance of the Certificate herein granted in the Office of the City Clerk within a period of 30 days from the date hereof. PASSED AND ADOPTED this 22nd day of July , 1982. MAURICE A. FERRE M A Y 0 R ATTES MATTY HIRAI ACTING CITY CLERK PREPA ED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS /FORM AND CORRECTNESS: G F. KNOX, JR. CITY A ORNEY -2- 82-66, *- CITY OF MIAN41. FLORIDA INTER -OFFICE MEMORANDUM to Honorable Members of the City Commission FROM Geo e F. Knox, Jr. City Attorney DATE July 8, 1982 FILE - SUBJECT: Application for Certificate of Public Convenience and Necessity REFERENCES Public Hearing - City Com- mission Meeting, 7/22/82 ENCLOSURES As evidenced by the City Clerk's attached memorandum of March 24, 1982 and by the attached letter from Attorney Kruglak, there is an Application for issuance of Certi- ficate of Public Convenience and Necessity duly pending before the City Commission. Originally, the Applicant, Alphe Willingham, had requested a transfer of a Certificate; however, this Certificate had been the subject of a prior revocation proceeding by the City Commission due to lack of service being conducted by the Certificate holder. Pursuant to Article III, Chapter 56 of the City Code, the City Commission may properly conduct a public hearing on said Application and grant the Certificate should the Com- mission find that transportation service provided by the existing Certificate holders is so inadequate as to require issuance of the new Certificate. GFK/RFC/rr cc: 'Toward V. Gary, City Manager Matty Hirai, Acting City Clerk Miami Police Department 82-66. t CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO FROM Honorable Members of the City Commission Geo4e F. Knox, Jr. City Attorney DATE July 8, 1982 FILE - SUBJECT: Application for Certificate of Public Convenience and Necessity REFERENCES Public Hearing - City Com- mission Meeting, 7/22/82 ENCLOSURES As evidenced by the City Clerk's attached memorandum of March 24, 1982 and by the attached letter from Attorney Kruglak, there is an Application for issuance of Certi- ficate of Public Convenience and Necessity duly pending before the City Commission. i Originally, the Applicant, Alphe Willingham, had requested a transfer of a Certificate; however, this Certificate had been the subject of a prior revocation proceeding by the City Commission due to lack of service being conducted by the Certificate holder. Pursuant to Article III, Chapter 56 of the City Code, the City Commission may properly conduct a public hearing on said Application and grant the Certificate should the Com- mission find that transportation service provided by the existing Certificate holders is so inadequate as to require issuance of the new Certificate. GFK/RFC/rr cc:_-• oward V. Gary, City Manager Matty Hirai, Acting City Clerk Miami Police Department 82-f E CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM S t I Honorable Members of the 10 City Commission �HDA1 Ralph G. Ongie City Clerk DATE: 3/24/82 FILE .SUBJECT Application for Certificate of Public Convenience and Necessity REFERENCES: ENCLOSURES. Pursuant to Section 56-93 of the Miami City Code, the City Clerk has accepted an application for the operation of Jitneys from Alphe Wellingham dated January 20, 1982. Although Metropolitan Dade County has pre-empted the City's right to regulate taxicabs, as of this date, they have still not pre- empted the City's right to regulate jitneys. Therefore, it is in order, pursuant to Section 56-95 of the Code, that a date be established for a public hearing on the above mentioned application for a Certificate of Public Convenience and Necessity. MH/rt cc: Howard V. Gary, City Manager Jack Eads, Special Assistant to the City Manager Public Conveyances and Taxicab Detail, M.P.D. 4W IVILLIA-m T. KRL:GLAK II, J. D. ATTORNEY AND COUNSELOR AT LAW SUITE 2258, ONE BISCAYNE TOWER FLAGLER STREET AT BISCAYNE BOULEVARD MIAMI, FLORIDA 33131 TELEPHONE 13051 379-0639 July 2, 1982 Robert F. Clark, Esquire City of Miami City Attorney's Office Seventh Floor Olympia Building 174 East Flagler Street Miami, Florida 33131 IN RE: Application for Certificate of Public Convenience and Necessity i under Chapter 56 of the Code of The City of Miami, in the name of ALPHE WILLINGHAM, permitting the operation of Jitneys Dear Mr. Clark: I enclose herewith an Application For Certificate Of Public Convenience And Necessity which has been properly filed and the fees paid. We were promissed a Hearing before the City Commission in the month of July. Now we are told that we can not get on the Agenda because you have not approved this as an Agenda item. You suggested that we include in the Application the following paragraph which we now request that you add to the Application. In the event the Certificate for which the transfer has been applied for has been the subject of revocation, please consider the Petition for Transfer as an Application for a new Certificate as distinct from transfer of the existing one. We very much appreciate your placing us on the Agenda for July 22nd, 1982 since I will be out of the state, commencing July 2 th, 1982. As to the procurement of a Death Certificate for the former holder of the Certificate, we are facing a stone wall since we do not have the date of death of Mrs. Roosevelt Goldsmith, now deceased. who was the holder of Certificate No. C-421. I have no way of obtaining the information of that decedent. 82-66 s c Robert F. Clark, Esquire July 2, 1982 Page 2. I very much appreciate your cooperation and assistance in this matter. Very truly yours, LO 00, WILLIAM T. KRUGLAK II,4.D. WTK/dm Enclosure CC: Maurice Ferre Jack Eads Matty Hirai Alphe Willingham DEPARTMENT OF POLICE CITY. OF MIAMI, FLORIDA FEE $ 75.00 PAID Owner's Name ALPHE WILLINGHAM CITY OF MIAMI MIAMI, FLORIDA *,.LIC CONVEYANCES D TAXICAB DETAIL Filed Date Approving Officer: APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Miami, Florida JANUARY 20, 1982 (Date) ( ) Application is hereby made pursuant to Chapter 56, Code of the City of Miami, Fla., 1967, to operate or run a public hack in, along, through, over, upon the streets of Miami, Florida (XX ) Application is hereby made pursuant to Chapter 56, Code of the City of Miami, Florida, 1967, for transfer of Certificate of Public Convenience and Necessity No. C-421 from Deceased Operator Out of Business, to ♦-------------------- ------.------------------------------- ALPHE WILLINGHAM for operation of Jitneys doing business as ALPHE WILLINGHAM rrrt.E* APGGC-GC-1A --ZQN, ENT. 1. (XA Applicant for Certificate -(-MM) -Applicant for transfer (a) Fill out if applicant is a natural person: Name ALPHE WILLINGHAMi Residence address 2948 N.W. 59 STREET, MIAMI, FL 33142 Length of residence in Miami THIRTY FIVE (35) YEARS. (b) Fill out if applicant is a partnership: Business Name Name of each Partner Date of birth Address No. of years resident of Mian (c) Fill out if applicant is a corporation or association: Date of incorporation or association formation Telephone number ) R.F.#.797 (revised 12-76) Page 2 Application for Certificate of Public Convenience & Necessity Name of Officers and Directors NOT A CORPORATION Date of Birth Title Business Address 2. Class of Transportation JITNEY 3. Number of Vehicles to be operated THREE (3) OR MORE. 4. Vehicle Description FIFTEEN (15) PASSENGER VAN -TYPE BUSES (WHITE) If more than one vehicle is to be operated, list on a separate sheet for each vehicle to be operated, the following information and mark "Exhiiit A": Owner's Name ALPHE WILLINGHAM Address 2948 N.W. 59 STREET, MIAMI, FL 33142 Make DODGE Type MAXI -WAGON Year Motor # State License # Year Decal # Seating Capacity FIFTEEN (15) Seatinq Arrangement STANDARD TYPE Size and Gross Weight EIGHT THOUSAND ONE HUNDRED FIFTY (8,150) POUNDS. 5. Personal References The following peroons who have been residents of Dade County for at least one (1) year will, upon request, certify that the applicant is a person of good moral character: MT. ZION BAPTIST CHURCH Name REV. WINSTON W. RUDOLPH, SR -Address 301 N.W. NINTH ST. MIAMIZip Code33136 Name TOMMY PITTMAN Address 9325 NW 14 AVE. MIAMI Zip Code_3.314 ONE BISCAYNE TCWER Name WILLIAM T. KRUGLAK II, J.D. Address SUITE 2258, MIAMI, FL Zip 33131 R.F. #297 (Page 2) OON Page 3 Application fed Certificate of Public Con .:nience & Necessity 6. Business References (Banks, Suppliers, Credit Agencies,etc.) Name Address Zip Code CAPITAL BANK, EDISON CENTER - 6013 N:W. 7th AVE., MIAMI, FLORIDA 33150 DADE COUNTY SCHOOL EMPLOYEES CREDIT UNION-1200 PONCE DE LEON-CORAL GABLES, FL 33134 7. Insurance or Bond I,agree to comply with the provisions of Chapter 56 Code of the City of Miami, Florida, 1967 I hereby certify that the statements made in this application are true ya (seal) (INDIVIDUAL) -----(G errpE,atie n mar Pa r t n e s i STATE OF FLORIDA) ss COUNTY OF DADE ) Before me, the undersigned authority, this day personally appeared ALPHE WILLINGRAIM who, by me first duly sworn, deposes and says that he is THE APPLICANT of TIC PETITION FOR the applicant in the foregoing application, and that the statements made herein are true. Sworn to and subscribed before me this 25th day of January, 19 82 . R.F. # 297 (Page 3 ) -`r 1 (Seal) Notary Public NOTARY PUBLIO 5TAYE OF FLORIDA %Q CA MY CQMMISSI014 EXPIUS QU 2 1985 40IQLD THRU GENERAL INS, UNDERWRIIEBS 82-66 - t.