04-16-91 Residential Neighborhoods & Public Works

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Joint Committee Meeting April 16, 1991 Page 3 present, as well as the members of the public for additional background information. She noted that she had a copy of Ordinance No. 1854, passed by the City of LaPorte on May 2, 1988. She also had the two page "Contract Registration" application used by the City of LaPorte. She noted that in comparison to the City of South Bend's, that it was much more simplified. She also noted that she had a copy of the City Hammond's application form (two pages) , which also calls for proof of public liability insurance. Since the last Joint Committee Meeting, the Council Attorney noted that she had been in contact with the City Legal Department. She noted that Sandra Boyd had advised her that they had no further information as of this date with regard to the City of Fort Wayne lawsuit involving public liability insurance. Sandra Boyd confirmed this fact and agreed to provide as much information on the case as soon as possible. The Council Attorney also noted that she received a two page letter from Richard Nussbaum, the City Attorney. He highlighted two basic areas of concern with regard to the proposed Bill. The first involved the amount of fees. She noted that on page 3 of her memorandum, that suggested fee modifications were discussed with Council Member Duda and herself. In each case the fees would be modified downward to specifically reflect the cost incurred by the City, which would be proportionate to the services rendered. The other issue is whether the City of South Bend could require public liability insurance as a condition of the registration process. She noted that the City Attorney's office and herself disagree on this issue currently. She then noted that the proposed Bill would require public liability insurance as a "condition to do business as a building contractor within the City of South Bend. " She noted that such requirements have been utilized by the City of South Bend in the past. Examples given included Vehicle Removal Service (Section 4-20.5) , Carnivals and Circuses (Section 4-22) , Food Vending Vehicles (Section 4-25) , Public Parking Facilities (Section 4-39) , and Taxi Cabs (Section 4- 61) . She noted that in many of these instances, specifically the licensing for carnivals and circuses, as well as parking facilities, that in both cases in order to do business within the City, the City required public liability insurance. Again in both cases, such activities as carnivals or circuses were permitted on private property and the governing regulations regarding parking facilities also governed private property.