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_69 <br />REGULAR MEETING <br />SEPTEMBER 6, 1994 <br />City would have transferred this Certificate had the Board been <br />advised of its transfer. However, the Board did not have the <br />opportunity to do so. Mrs. Bruneel stated that it is her opinion <br />that the Board should accept and ratify the transfer of the <br />Certificate of Mr. Walter Jones to Allied Cab and approve the new <br />Certificate for Walter and Patricia Jones to operate the ABC Cab & <br />Courier Service. <br />Mr. Caldwell inquired if Allied Cab is requesting that the <br />Certificate be transferred. Mrs. Bruneel advised that Allied Cab <br />is operating under the assumption that the Certificate was <br />transferred. Unfortunately, that transfer never came before the <br />Board. However, it was the subject of litigation. <br />Mr. Kevin Butler, Attorney at.Law, One Michiana Square, South <br />Bend, Indiana, representing Yellow Cab Company of South Bend, 710 <br />North Niles Avenue, South Bend, Indiana, was present and informed <br />the Board that for a number of years, and up until last April, a <br />committee was in place with representatives from taxicab companies <br />along with a representative from the City Attorney's office for <br />the purpose of preparing revisions to the licensing ordinance <br />concerning taxicab companies. The current ordinance is not being <br />enforced and it was thought that the ordinance should be revised <br />and that no more licenses would be issued until that was <br />accomplished. Mr. Butler noted that they went through the <br />process, the committee developed a set of revisions to the <br />ordinance but then nothing happened. Mr. Butler reiterated that <br />it was his understanding that the issuance of more licenses would <br />be put on hold until the City had an enforceable ordinance in <br />place. <br />Mr. Butler informed the Board that if the City is going to enforce <br />the ordinance as it exists than they should be aware that there <br />are a number of cabs be driven by individuals who are not licensed <br />by the City. This includes Mr. Walter Jones. Mr. Butler stated <br />that the legitimate companies are spending time and money to <br />comply with the ordinance while others, that are unlicensed, but <br />operating, are not. <br />Mrs. Manier noted that she was aware that work was being done on <br />revising the present ordinance. However, the revisions have not <br />been finalized. <br />Mrs. Manier further stated that the Board was advised by Mr. Jones <br />on August 22, 1994, that he was not operating as a "gypsy" cab <br />company but that he was operating in Roseland and in St. Joseph <br />County. Mr. Butler stated that he is prepared to submit to the <br />Board affidavits indicating the contrary. Mr. Caldwell reminded <br />Mr. Butler that the Public Hearing on this matter was closed and <br />therefore the submission of affidavits would not be allowed at <br />this time. <br />Therefore, Mr. Caldwell made a motion that the current Certificate <br />of Public Convenience issued to Mr. Jones be transferred to the <br />Allied Cab Company. Mr. Leszczynski seconded the motion which <br />carried. <br />Mr. Leszczynski inquired if perhaps the Board should consider a <br />moratorium and not issue any more licenses until the licensing <br />ordinance is revised. Mrs. Manier stated that the City currently <br />does have an ordinance for licensing this operation and she is not <br />sure what authority the Board has to call a moratorium. Mrs. <br />Manier noted that she is not sure under what authority the Board <br />previously called a moratorium on the issuance of licenses. Mrs. <br />Manier further stated that she prefers to get the current <br />ordinance revised in a timely fashion. At this time she noted <br />that she would not support a continuation of a moratorium. <br />Mrs. Manier raised the issue of whether the issuance of a new <br />