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HomeMy WebLinkAboutR-97-44RESOLUTION NO.: R-97-44 A RESOLUTION OF THE CITY OF SEBASTIAN INDIAN RIVER COUNTY, FLORIDA, GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO A.D.M. TRANSPORT; 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 106-51 of the City Code; and WHEREAS, Mark Daniels and Russell Mann, A.DM. Transport, has submitted an application for certificate of public convenience and necessity from the City of Sebastian in accord with Section 106-52 of the Sebastian City Code; and WHEREAS, a public hearing on the applicant's request for said certificate was held by the City Council as a regularly scheduled meeting on August 13, 1997, in accord with Section 106-54 of the Sebastian City Code; and WHEREAS, the City Council considered the requirements of Section 106-55 in assessing public demands and traffic conditions, the financial condition and moral character of the applicant, number, kind, type of equipment and rates proposed to be utilized by the applicant; increases 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. The City Council of the City of Sebastian, Indian River County, Florida, hereby grants a permit and certificate of public convenience to A.DM. Transport subject to the terms and conditions contained in Section 2, 3 and 4 of the 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, A.DM. Transport, agrees to obtain and maintain in full force and effect a liability insurance policy in accord with the requirements of Section 106-31 of the Sebastian City Code. ~ ESTABLISHED RATES FOR SERVICES. The following established rates for applicant are set below. Said rates shall not be modified without prior approval of the City Council in accordance with Section 106-30 of the Sebastian City Code. Airport Rates: FROM TO PRICE Ft. Pierce Melbourne $40.00 Veto Melbourne $35.00 Sebastian Melbourne $30.00 Palm Bay Melbourne $25.00 TO TO TO FROM ORLANDO . DISNEY PT,...CANAVERAL Ft. Pierce $80.00 $90.00 $75.00 Vero $65.00 $80.00 $65.00 Sebastian $75.00 $75.00 $ 55.00 Palm Bay $50.00 $65.00 $50.00 Melbourne $50.00 $65.00 $65.00 TO TO FROM WEST PALM FT, LAUDERDALE 2 Melbourne Palm Bay Sebastian Veto Ft. Pierce $80.00 $75.00 $65.00 $55.00 $50.O0 $35.00 hourly rate for group parties. Melbourne to Miami Sebastian to Miami Vero to Miami Ft. Pierce to Miami $150.00 $145.00 $140.00 $140.00 $100.00 $ 95.00 $ 90.00 $ 85.00 $ 75.OO Section 5, CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. ~ 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 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 the Resolution without said invalid and unconstitutional provision thereby causing said remainder to remain in full force and effect. ~ EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmelh~er/O){.~g~.~' The motion was seconded by Councilmember &3~LJfi~~ and, upon being put into a vote, the vote was as follows: Mayor Walter W. Barnes Vice-Mayor Richard J. Taracka Councilmember Louise R. Cartwright Councilmember Larry Paul Councilmember Ruth Sullivan The Mayor thereupon declared the Resolution dully passed and adopted this day of ~/~.~J~ , 1997. CITY OF SEBASTIAN, FLORIDA ATTEST: By: Mayor Walter W, Barnes Approved as to Form and Content: Valerie Settles, City Attorney 4