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96-874F �E F''jT:f ri � t j �� i'v .� W r �� 4 i ;�Lm Presented By Referred To WHEREAS, Mr. Tesfay Tessema, d/b/a Checker Cab is the license hoider of Saint Paul taxi license #93, and �5 WHEREAS, Saint Paul Legislative Code § 376.12(h)1 requires taxi license holders to submit, and pass, their taYi's for biannual inspections of each taaci in April and September of every year, and WHEREAS, Mr. Tesfay Tessema failed to submit, and pass, the taxi cab with license #93 during its biannual inspections in September of 1945, or in April of 1946, and WHEREAS, Saint Paul Legislative Code § 37614(b) prohibits every taYi license holder from failing to make a reasonable and consistent effort to operate the licensed taxicab in the City of Saint Paul for a period of thirty (30) consecutive days, and WI�EREAS, Mr. Tesfay Tessema has failed to respond to inquiries of the Saint Paul Office of License, Inspection and Environmental Protection regarding the failure to operate the t�icab with license #93 in the City of Saint Paul for a period of thirty (30) consecutive days, and WHEREAS, notice of this public hearing was mailed to the last known address of Mr. Tesfay Tessema on July 9, 1996; now therefore BE IT RESOLVED, that based upon the evidence presented to the Saint Paul City Council at this public hearing, the Saint Paul City Council hereby adopts the following Findings and Order concerning taYi license # 93: 1. That Mr. Tesfay Tessema received more than five (5) days notice of this public hearing. RESOLUTION 2, That Mr. Tesfay Tessema is the license hoider of Saint Paul taxi license # 93. 3. That Mr. Tesfay Tessema failed to submit, and pass, the tvcicab with license # 93 for the required biannual inspections in September 1995 and April 1996. 4. That Mr. Tesfay Tessema has failed to show that he has made a reasonable and consistent effort to operate the taaucab with license # 93 in Saint Paul for a period of thirty (30) consecutive days, thus it is deemed abandoned. Gouncil File # 9 L- 8� �{ Green Sheet # 1�� 1 a 3 4 5 b 7 8 9 10 ORAER The Saint Paul City Council hereby makes the following order: 1. The privilege of Mr. Tesfay Tessema, dJb/a Checker Cab, as license holder of Saint Paul taxi license # 93 is hereby revoked. 2. Saint Paul tatri license # 93 shall revert to the Saint Paul Office of License, Inspection and Environmental Protection. ��'�����, � ���s���{��� 9G-8�i�. a �_ Y� Nays Absent B � �..�o � � R,�,�.��_�--__ Approved by Mayor: Date � '�/(� — �r— By: � �L � 5�� By: __ 1���1���� Form Appro ed by City Attorney $y:c�_� �� �;� Approved by Mayor for Submission to Council By: Adopted by Council: Date � � Adoption Certified by Council Secretary qc.-g�1y DEPARTMENT/OFFICE/COUNQL DATEINITIATED N.� 17150 c�t coun��� 7/30/96 GREEN SHEE CANTACT PEflSON & PHONE INITIAVDATE INITIAUDATE � DEPAR'SME1dT OIRECTOR � CIN COUNCIL Councilmember Thune 266-8620 N M'BEAfOR ❑CITYATTORNEY �CITVCLERK MUST BE ON CqUNCiI AGENDA BY (DAT� ROVfING O BUDGEf DIRECTOR � FIN. & MGi SERVICES DIR. AllgllSt ]� 1996 (CO235ENT) OPUEF O�qYOR(ORASSISTANn ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION flEQUE5iED: Finalizing City Council action taken on July 24, 1996, concerning adverse action against the taxicab vehicle license held by Tessfay Tessema, Checker Cab, 500 36th Street, East, Mp1 fiECOMMENDAT10N5: Apprave (A) or Re�ect (F� pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ MANNING COMMISSION _ CiV1L SERVICE COMMISS70N �� Has this personttitm ever worked under a contract for this department? _ CIB COMMITfEE YES NO _ STqFF 2. Has this person/tirm ever been a ciry employee? — YES NO _ DiS7RICiCOUR7 _ 3. Does this person/fvm possess a skill not normally possessed by any current city employee? SUPPORTS WHIGH COUNCIL 0&IECTNE2 YES NO Expiain all yes answe�s on separate sheet antl attach to green sheet INITIA5ING PAOBLEM, ISSUE, OPPORTUNI7Y (Who. What. When. Where, LVhy). ADVANTAGES IF APPROVED: � DISADVANTAGES IF APPROVED: DISADVANTAGES IF NOTAPPROVED' TOTAL AMOUPiT OF 7RANSACTION $ COS7IREVEPlUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVI7V NUMBER FINANCIAL INFORMATION� (EXPLAIN) - � OFFICE OF THE CITY ATTORNEY Timothy E. Marx, Ciry Anomey 9�-8'�4 CITY OF SAINT PAUL Norm Coleman, Ma}ror July 9, 1996 civi7 D'n�ision 400 Ciry Half ZS Weu KeUOgg Blvd Saint Pau� Minnewta 55102 Telephone: 612 26687I0 Fauimi7e: 612 29&5679 �"a�';� c�.>? . �'v:', .: :. _ , . pi �� �a�� i ti r���e Mr. Tessfay Checker Cab 500 36th St Minneapolis Tessema E MI3 55421 In Re: Taxi License # 93 Dear Mr. Tessema: A review of the records of License, Inspections and Environmental Protection (LIEP) show that you hold license # 93, for the operation of a taxicab in the City of Saint Paul. We are in receipt of information which could lead to the revocation of this license. The first basis for such revocation is that �his license is considered abandoned due to your failure to operate this taxicab for a period of thirty (30) consecutive days. You have failed to provide evidence of operation to LIEP when they requested trip sheets of this taxicabs. Additionally, you have failed to respond to any inquiries from LIEP. Saint Paul Legislative Code § 376.14(b) states: Whenever any person, firm, copartnership or corporation holding one (1) or more licenses for public vehicles for hire shall, for a period of thirty (30) days consecutively, fail to make a reasonable and consistent effort to operate such vehicles, except on account of an emergency over which the licensee has no control, the city council, upon hearing after five (5) days' notice to the owner or operator, shall revoke all licenses covering such vehicles. An additional basis for such revocation is that this taxicab did not pass its biannual inspection in either September of 1995 or ApTil of 1996. Saint Paul Leqislative Code § 376.12(h)1 states: Biannual inspections: Any taxicab owner shall submit each and every licensed taxicab to biannual inspections in the months of September and April. The inspections shall be carried out at the firejpolice equipment services garage located at 1675 Kasota Street, Saint 9t,-8�y Paul, at a cost of eighty-five dollars ($85.00) per unit to be paid by the licensee. If the inspection shows repairs to be required, the owner shall order the repairs made by an authorized dealer or licensed repair garage and the taxicab returned to the city garage to pass inspection. For purposes of this subsection, "authorized dealer" shall mean an automobile dealership which deals in that particular make of automobile. This matter has been scheduled for a hearing in front o£ the Saint Paul City Council on Wednesday, July 24, 1996, at 4:30 p.m. The city council will determine at that time whether your taxicab license should be revoked. At that hearing you will have an opportunity to present testimony regarding any reasons adverse action should not be taken against this taxicab license. If you have any questions regarding this matter, you may contact either myself or my paralegal, Peter Pangborn, at 2b6-8710. Respectfully, / � � `���c. ✓ , �t'X%rv.z�✓ G� �'ll�c./�� �� �, � / Philip It. Miller Assistant City Attorney cc: Robert Kessler, Director, LIEP Gary Pechman, Deputy Director, LIEP Troy Gilbertson, License Inspector, LIEP qc-��� F 3;6.11 LEGISL�TS\'E CODE the laws of the state and the cit�•. and �c•ith due regard for the safety, con�•enience and comfort of passengers and the general public. (u) Drzver appearance. Ecery ta�acab dri��er, while on duty, shall keep a clean and k appeazance. (��) Number to ca11. The license in�pector shall provide a card to be conspicuousl�-placed in even- licensed taxicab that shall be plainly � to passengers that identifies the number of the b4a}•- or and Council Information and Complaint Office and solicits the opinions of the public in regazd to taxi sen�ce in the City of Saint Paul. (Code 1956, �y§ 15211, 152.12, 152.14, 152.17— 15222, 152.24-152.31, 152.41; Ord. ;�o. 16992, 1-1-83; Ord. No. 17764, § 6, 8-25-90; Ord.'�o. 17817, § 2, 4-11-91; C.F. ?�TO. 94-199, § 11, 3-23-94; C.F. ?�TO. 95-477, § 2, 5-31-95) Cross reference—�Solicitation W��ice, F 272.01 et seq. Sec. 376.12. Taxicabs—Regulations. (a) Taxic¢b defzned. The term "ta�cab," when- ever and k�herever used in this section, shall be held to mean and embrace all motor vehicles as defined by the laws of the State of ?�4innesota, the rental for which is computed from the distance traveled by means of a taximeter attached there- to; the term "taximeter" shall be held to mean and embrace any instrument or de��ice attached to a motor vehicle designed or intended to mechani- cally measure the distance traveled, to record the time said vehicle is waiting, and upon which said taximeter there shall be a record indicating, by means of figures or designs, the amount of the faze. (b) Tazimeters required. All taxicabs shall have a9'ixed thereto a taximeter, and no person, firm or corporation owning or operating anq taxicab shall offer or let the same for hire or reward, anywhere within the City of Saint Paul, unless the taxime- ter does properly and correctly register, indicate or display the amount of the fare according to the distance traveled and the time concumed. (c) Register oftaximeter visible to passenger. Ev- ery taximeter shall be connected and a�xed to the taa�icab so that the amount of fare determined and charged for its use shall be plainly �risible to all passengers or occupants of the taxicab and from one (1) hour after sunset to one (1) hour 6efore sunrise shall have the face of said taximeter illu- mined so as to make plainly ��isible the amount of the fare determined and chazged for its use, and there shall be posted in a conspicuous place in the inside of the taYicab and on the outside right and left rear doors of the ta�cab a card on which shall be printed in plain, legible type, the rates of faze provided for herein and reference to the ordinance by number. td) Taximeter. It shall be the duty of the oper- ator or driver of every taacicab, at the termination of his or her service or trip, to throw the flag of said taximeter to a nonrecording position on the taximeter and call the passenger's attention to the amount of the fare registered. The taximeter shall not be changed so as to destroy the amount of the faze registered until after the fare is paid or a charge ticket therefor made out and delivered to the person hiring such taxicab. ?�TO driver or operator of any taxicab shall per- mit any person ta ride thereon or therein, without the consent of the owner thereof, when the flag is up or toward a vertical position where the faze is not being recorded on the taicimeter, and no per son shall tamper with, break or mutilate any taxi- meter or its attachments with the intention of caus- ing the same to register improperly, incorrectly or inaccurately. Waiting time shall include the time during which the taxicab is not in motion, beginning with its arrival at the place to which it has been called, or the time consumed while standing at the direc- tion of the passenger, but no chazge shall be made for the time lost due to the inefficiency af the ta4i- cab or its operator or for the time consumed by premature arrival in response to a call. (e) Rules to deternzine tzme. When the charge is to be paid on the meter basis, the charge shall begin at the place where the passenger is received and shall continue until he or she is delivered at his or her destination, excepting as hereinbefore or hereinafter pro��ded. When the charge is to be paid for on the hour basis, the time shall begin when the motor vehicle is ready at the time and place from which it has been called by the pas- senger and shall continue until the passenger has been discharged and until the car shall have had Supp. No. 30 214$ q�-�?�{ LICE?�SES time thereafter to return to the place irom k•hich it has been called by the most direct route, and at the maximum speed permitted by la«; pro��ided, that when any person shatl enga�e or h;re a taxi- cab, unless otherc��ise a�reed at the fir.:e of hiring, the fare for such t2xicab shall be de.e-mined bv the taximeter accordin, to the razea pro�zded for in this chapter; and pro� further, tSat no driv- er of any ta}acab shall chazge more fc: 2he use of said taazcab than is sho�ca to be du2 upon the face of said taximeter. (fl Deceit as to direct rcute. 'Co per;e� o�cning or drndng or operating znp motor �•ehic�e used for carrping passenger� for hi: e shal] dece�re by trick or device any passenger �:'ho may ride in any such motor vehicle or a•ho ma}� desire to rde in any such sotor vehicle as to his or her des^�ation or the price authorized by ordinance fot �nch pereon, or shall convey such persoa or cause him or her to be conveyed to a place other than that d;rected by him or her, or in any other manner cozvey such person to the place directed by him or her escept by the shortest and most direct route. (g) Intoxication of drirer. \o driver cr operaior of any motor vehicle used for cam passengers for hire shall be found to be or l;no�i to be in a state of intoxication while on duty as =uch driver. (h) Inspections: (1) Biannual inspections: Any taxicab owner shall submit each and every licensed taxi- cab to biannual inspections in the months of September and April. The in;pections shall be carried out at the fire/po;ice equip- ment services gazage located at 1675 Kaso- ta Street, Saint Paul, at a cost of eighty-five dollars ($85.00) per unit to be paid by the licensee. I£the inspection shows repairs to be required, the occner shall order the re- pairs made by an authorized dealer or li- censed repair gazage and the tas:icab re- tumed to the city garage to pass inspection. For purposes of this subsection, "autho- rized dealer" shall mean an automobile deal- ership which deals in that particulaz make of automobile. (2) Periodic inspections: The license inspector shall reserve the right to examine and in- spect each and every licensed taxicab at any § 3;6.13 time. The intent of such an inspection is to ensure compliance k�ith all applicable safe- ty requirements of the State of 34innesota and t1:e ruIes established herein. (3) Penalty: Failure by an o�cner to cubmit each and every licensed taa�cab for a periodic inspections at an zuthorized in;pection sta- tion and/or for a biannual inspection by the fire/police equipment sen�ices garage shall result in the following: a. The license inspector shall seize the li- cense plates of each and ecery unin- spected taxicab; b. The license inspector shall hold the seized license plates until the taa is inspected and found to be in a safe condition by an authorized inspection station or the fire/police equipment ser- vices garage or until action of the coun- cil as provided for herein; and c. Immediaiely after such seizure, the in- spector shall notify the licensee, spec- ifying in detail the cause for seizure, and stating that the licensee has a right to a hearing on the seizure. The hear- ing shall be held at the nest license meeting of the city council after the re- ceipt of a written request for hearing unless a later hearing is requested by the licensee. After such hearing, the council shall determine whether the plates shall still be held and whether such license shail be revoked. (Code 1956, §§ 153.01-153.08; Ord. I�?o. 16874, 1-7-82; Ord. No. 16992, 1-18-53; Ord. ATO. 16993, 1-18-83; Ord. No. 17075,11-17-83; Ord. No.17764, § 7, 8-28-90; Ord. No. 17873, § 2, 9-24-91; C.F. No. 94-199, § 12, 3-23-94) Sec. 376.13. License—Transfers. Notwithstanding the provisions of any other or- dinance to the contrary, a public vehicle license shall not be transferable from person to person on and after January 1, 1993. (Code 1956, § 152.13; Ord. No. 17698, § 1, 11-21- 89; Ord. No. 17764, § 8, 8-28-g0; C.F. No. 95-477, § 3, 5-31-95) Supp.No.30 2149 9 G- $'14 § 376.14 Sec. 376.14. Same—Revocation. LEGISL�TI\'E CODE (a) Reuocatiorz for cause; failure to pay judg- ment. Public vehicle licenses may be re�oked b}� the city council at any time for cause, after hezr- ing, and shall be revoked upon it appearing to the council that any licensee of any public vehicle shall have failed to pay �zthin ninety (90) da}•s after the time to appeal has expired from any judgment against said licensee for damage to person or prop- erty resulting from the negligent operation, use or defective condition of any such public vehicle, there being no appeal taken from such judgment; and in case an appeal is taken, shall ha�•e failed to pa� within ninety (90) days after the determination of the appeal any such judgment for damages to per- son or property resulting as aforesaid. Where such revocation is for failure to pay any such judgment, any and all other public vehicle licenses issued to the judgment debtor for other vehicles shall likewise be revoked. �iThen the li- cense is revoked, notification of the same shall be fonvarded by the inspector to the director of the department of police, and the taxicab or taxicabs shall not be allowed to operate thereafter, nor shall any new license be issued to the judgment debtor while any such judgment remains unsatisfied. The inspector shall keep a complete record of each taxi- cab license issued and all renewals and revoca- tions thereof. (b) F¢ilure to oper¢te aehicles. V�Thenever any person, firm, copartnership or corporation holding one (1) or more licenses for public vehicles for hire shall, for a period of thirty (30) days consecutively, fail to make a reasonable and consistent effort to operate such vehicles, except on account of an emer- gency over which the licensee has no control, the city council, upon hearing after five (5) days' no- tice to the owner or operator, shall revoke all li- censes covering such vehicles. (c) Unsafe vehicZes. In any case where the in- spector determines, on the basis of an inspection of a taxicab, that use of the taYicab for public patronage constitutes a serious threat to the pub- lic health or safety, or the health or safety of pas- sengers, the inspector may suspend the license issued to that vehicle and seize the license plates of that vehicle. Such suspension shall last until the condition causing the threat to health or safe- ty is corrected to the satisfaction of the inspector, or untii action of the council as pro��ided for here- in. Immediately after such seizure or suspension, the inspector shall notify the licensee, specifying in detail the cause for the seizure or cuspension, and stating that the licensee has a right to a heaz- ing on the suspension. T'he hearing shall be held at the next license meeting of the city council af- ter the receipt of a written request for hearing unless a later hearing is requested by the licens- ee. After such hearing, the council shall deter- mine vvhether such suspension shall continue or not, or whether such license shall be revoked. (Code 1956, §§ 152.15, 152.16, 152.10) Sec. 376.15. Fares and charges; regulations. (a) F¢res. No person, firm or corporation own- ing, operating or controlling any motor vehicle op- erated and licensed as a taxicab shall chazge any other rate except as herein provided: (1) The rate of faze for taxicabs operating w�ith- in the city shall be one dollar and eighty cents ($1.80) for the first one-thirteenth (Nia) of a mile. The rate for each additional mile beyond the first mile shall be one dollar and thirty cents ($1.30). Ail fazes for dis- tances greater than one (1) mile shall be calculated in ten cent ($0.10) increments of one-thirteenth (�/ia) of a mile. The Supp. No. 30 2150 9G-8�S DEPAFi7MENT/OFFlCF1CpUNqL DATE INfiIAiED Citizen-Service 7-31-96 GREEN SHEET r,o. 3 1 2 INRIAU DATE INITIAVDATE— COMACf PERSON & PHONE � DEPAfl7MENT DIHEC � CT' COUNqL Fran Swanson - 266-8690 N u � � GTY ATfOflNEY � cm aeaK MUSt BE ON COUNpL AGENDA BY (DA7Ej � O BUOGET WSECIOA � FlN. & M6T. SE9VlCES DIA. 8-7-96 �h7AYOR(OflASSISTANT) � TOTAL # OF SIQNATURE PAGES i (CLIP ALL LOCATIONS FOR SIGNATUR� Approva2 of Polling L"ocations for the Primary aad GeneraZ Elections for September and November of 1996 _ PLANNING WMMISSION _ CIVIL SERVICE COMMISSION �� _ CIB COMMITTEE _ _ �,� _ COMMEN _ DI5iAICT �pURT _ SUPPOR7S WHICH CpUNGR 08JECfIYE7 fIAiING PRpBLEM, ISSUE, OPPOFTUNIN (Who, Whet, When, Where, Wnyj: Some polling locations had to be changed by Ramsey County. IF APPROVED: Voters will have access to the polls IF APPROVED: None PHONE NO. 6I:l��� �•T,�St2i l�r �UL � �. `1936 IF NOT APPROVED: Polling locations will be unavailable to the citi"zens af Saint Paul AMOUNT OF TRANSACTION $ � COST/REVENUE BUDGETED (CIRCLE ONE) YES ' NO FUNDWG SOUHCE ACTIYI7Y FiNANCIAL INFORMATION: (EXPLAIN)