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9 <br />REGULAR MEETING <br />JANUARY 7, 1991 <br />Airport. He stated that he did <br />needed a license from the City <br />airport. Mr. Payton noted that <br />South Bend and that is where he <br />needed a license from the City <br />completed the application for a <br />Convenience. <br />not know at that time that he <br />of South Bend to operate at the <br />the airport is separate from <br />applied and was told that he <br />of South Bend. That is why he <br />Certificate of Public <br />Mr. Jones stated that based on comments made by Mr. Payton, this <br />is not a business starting up in the City of South Bend to <br />provide service to the residents of South Bend. All that is <br />requested is access to the airport and that is where Mishawaka <br />Cab applied first. Knowing that the Certificate is only wanted <br />to work the airport it would appear that there would be no effort <br />made to provide service to the City of South Bend. <br />There being no one else present wishing to address the Board <br />concerning this matter, Mr. Leszczynski made a motion that the <br />Public Hearing be closed. Mrs. DeClercq seconded the motion <br />which carried. <br />Mrs. DeClercq inquired of Board Attorney Jenny Pitts Manier what <br />the code requirements are in this regard. Mrs. Manier stated <br />that the Code states that the public convenience and necessity <br />warrants whether a Certificate shall be issued. It is based on <br />evidence that it is in the best interests of the public to have <br />an additional cab company in the City. She noted that the Code <br />is very imprecise in this area and indicated that the Board must <br />determine whether the public would be convenienced by an <br />additional cab company. <br />Mr. Leszczynski inquired of Mrs. Manier what reason would there <br />have to be for denial of the license. Mrs. Manier noted that <br />there are no real standards set. Matters to be considered would <br />be the need for an additional service and whether or not it would <br />provide any public convenience for the City to license an <br />additional cab company. <br />Mrs. DeClercq inquired of Mr. Payton if his goal was just to <br />operate from a fixed location from a fixed stand. Mr. Payton <br />responded by advising that that is all he applied for at the <br />airport but as he stated earlier he was advised that he must <br />obtain a license from the City of South Bend first. <br />Mrs. Manier noted that any cab company operating in the City of <br />South Bend must obtain a license before doing so. Mr. <br />Leszczynski noted that the airport is located in the City of <br />South Bend and therefore the license is required to operate at <br />that location. Mr. Payton noted that the airport has its owns <br />rules and regulations regarding taxicabs which is separate from <br />the City of South Bend's requirements. <br />Mr. Woods indicated that with the change in administrations and <br />attorneys and interpretations of the ordinance from the past he <br />was told that as long as you start up a fare and end up a fare at <br />your own base you can go into another City. You can go back and <br />forth as long as you come back to your home base. <br />Mrs. Manier noted that the City Attorney's office has reviewed <br />the ordinance based on the submission of the application by <br />Mishawaka Cab, Inc., and it has been determined that a City of <br />South Bend license is required in order for them to operate at <br />the airport because the airport is located in the City of South <br />Bend. <br />Mr. Leszczynski informed Mr. Jones that he has the same right to <br />apply for a license in the City of Mishawaka. Mr. Jones stated <br />that he could not operate in the City of Mishawaka because it <br />would not be profitable for him to do so. <br />1 <br />1 <br />1 <br />