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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. M1CRQFILMEP 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 \forms\066 (-Cvac-kAit- 2:25`}5 rAty P \a/L c()