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HomeMy WebLinkAboutR-92-36RESOLUTION NO.: R-92-36 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO TREASURE COAST SHUTTLE; PROVIDING FOR COMPLIANCE WITH THE REQUIREMENTS OF THE CODE OF THE CITY OF SEBASTIAN; AND ALL PUBLIC LAWS; PROVIDING FOR LIABILITY INSURANCE; ESTABLISHING RATES FOR SERVICE; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWiTH~ PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida, is authorized to grant permits and certificates of public convenience pursuant to Section 29-43 of the City Code; and WHEREAS, Frank Addeo, Sr., Treasure Coast Shuttle, has submitted an application for a certificate of public convenience and necessity from the City of Sebastian in accord with Section 29-44 of the Sebastian City Code; and WHEREAS, a public hearing on the applicant's request for said certificate was held by the City Council at a regularly scheduled meeting on September 2, 1992, in accord with Section 29-46 of the Sebastian City Code; and WHEREAS, the City Council considered the requirements of Section 29-47 in assessing public demands and traffic conditions, the financial condition and moral character of the applicant, the number, kind, type of equipment and rates proposed to be utilized by the applicant; increased traffic congestion and available parking space, and the safe use of the streets and alleys and such other relevant facts as the City Council deemed advisable or necessary. NOW, THEREFORE, be it resolved by the Council of the City of Sebastian, that: Section 1. APPROVAL. Sebastian, Indian River County, The City Council of the City of Florida, hereby Grants a permit and certificate of public convenience to Treasure Coast Shuttle subject to the terms and conditions contained in Sections 2, 3 and 4 of this Resolution. Section 2. COMPLIANCE WITH CODE AND ALL APPLICABLE LAWS. Applicant agrees to comply with the requirements of all state and federal laws and regulations, in addition to the Sebastian City Code requirements. Section 3. LIABILITY INSURANCE. Applicant, Treasure Coast Shuttle, agrees to obtain and maintain in full force and effect a liability insurance policy in accord with the requirements of Section 29-21 of the Sebastian City Code. Section 4. ESTABLISHED RATES FOR SERVICES. The following established rates for applicant are set out below. Said rates shall not be modified without prior approval of the City Council in accordance with Section 29-20 of the Sebastian City Code. Rates: Quoted per individual or group and are based on a flat rate and are round trip. Section 5. CONFLICT. Ail resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 6. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed 2 that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without said invalid and unconstitutional provision thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman~~~ ....... . The motion was seconded by Councilma~~ ................ and, upon being put into a vote, the vote was as follows: Mayor Lonnie Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilman Peter Holyk Councilman George Reid The Mayor thereupon declared this Resolution duly passed and adopted this day · 1992. /'~-~TY OF ~TIAN~DA ATTEST: ~ //'"' i Kathryn~/M. O H~Iloran, u~/~a~ City Clerk (SEAL) Approved as to Form and Content: Charles Ian Nash, City Attorney