HomeMy WebLinkAbout022545 RES - 04/16/1996A RESOLUTION
CANCELING THE CERTIFICATE OF CONVENIENCE AND NECESSITY
ISSUED ON MARCH 26, 1996 TO BRANSCUM TRANSPORTATION
SERVICE, INC. DBA YELLOW TAXI CAB COMPANY, JACK STERLING
BRANSCUM, PRESIDENT; AND AUTHORIZING THE ISSUANCE OF A
TEMPORARY EMERGENCY CERTIFICATE OF CONVENIENCE AND
NECESSITY TO THAT COMPANY OR COMPANIES WHICH HAVE
CONTRACTS WITH FIFTEEN OWNER -OPERATOR TAXICABS FOR THE
OPERATION OF A MAXIMUM OF FIFTEEN TAXICABS WITHIN THE
CITY OF CORPUS CHRISTI THROUGH APRIL 23, 1996; SUBJECT TO
COMPLIANCE WITH ALL TERMS AND CONDITIONS ESTABLISHED IN
CHAPTER 57, ARTICLE II, TAXICABS, OF THE CODE OF ORDINANCES;
AND CONTINUING AND DEFERRING FURTHER PROCEEDINGS.
WHEREAS, Bell Taxicab Company dba Yellow Cab Company of Corpus Christi filed for
Chapter 7 Bankruptcy on March 11, 1996; and
WHEREAS, on March 26, 1996, Branscum Transportation Service, Inc. dba Yellow Cab
Company received a temporary Certificate of Convenience and Necessity to serve the public
convenience and necessity for taxicab service while bankruptcy proceedings were being resolved and
other applications for certificates were considered; and
WHEREAS, on April 11, 1996, the bankruptcy trustee granted to Angel Industries, Inc.,
acting through their duly appointed representatives, full authority to take possession, title, and
control of the assets of Bell Taxicab Company dba Yellow Cab Company; and
WHEREAS, on April 12, 1996, the bankruptcy trustee for the creditors of Bell Taxicab
Company dba Yellow Cab Company filed in the U.S. Bankruptcy Court an Emergency Motion to
Sell the Non -Exempt Property to Angel Industries, Inc. to sell the assets of Bell Taxicab Company
which include, but are not limited to, use of telephone numbers, all names and assumed names
including associated colors and symbols, all vehicles, radio equipment, and FCC licenses; and
WHEREAS, Branscum Transportation Service will no longer have the authority of the
bankruptcy trustee to use the assets of Bell Taxicab Company dba Yellow Cab; and
WHEREAS, Angel Industries, Inc. (hereinafter "Angel") filed an application for a
Certificate of Convenience and Necessity on April 12, 1996 to operate 35 taxicabs, but there has not
been sufficient time to hold a public hearing for this application as required by Section 57-33 of the
Code of Ordinances; and
WHEREAS, a temporary emergency one-week Certificate of Convenience and Necessity will
serve the public convenience and necessity for taxicab service while bankruptcy proceedings are
being resolved and Angel's application and those submitted by several other taxicab companies for
certificates are considered.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Certificate of Convenience and Necessity which was issued to
Branscum Transportation Service, Inc. dba Yellow Cab Company, Jack Sterling Branscum,
President on March 26, 1996 is hereby canceled.
SECTION 2. That a Temporary Emergency Certificate of Convenience and Necessity is
issued for that company or companies which have contracts with those fifteen owner -operated
taxicabs which previously operated under the certificate of Branscum Transportation Service, Inc.,
to operate those 15 owner operated taxicabs within the City of Corpus Christi commencing this date
and continuing through April 23, 1996, and on a weekly basis thereafter pending further action by
the City Council; subject to compliance with all terms and conditions established in Chapter 57,
Article II, Taxicabs, of the Code of Ordinances.
SECTION 3. That this resolution shall take effect immediately from and after its passage.
ATTEST
rmando Chapa, City S'cretary
THE CITY OF CORPUS CHRISTI
CZ-
MA'YOR,`hV1ARYIODES
APPROVED: 1 to DAY OF ap/d[! , 1996
JAMES R. BRAY, JR., CITY ATTORNEY
BY: p l A-tt
IS0.. Orha J
SI S' n -f C4 f Qlifor
Corpus Christi, Texas
k/] day of
The above resolution was passed by the following vote:
Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
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