Amend Section 15-43 of the Municipal Code of the City of South Bend

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ROWED SwEENEY, BUTLER, SIMERI & LADERER ATTORNEYS AT LAW SUITE 900 R. BENT ROWE ST. JOSEPH BANK BUILDING} CHARLES A. SWEENEY,JR. TELEPHONE 233 -3303 JOSEPH V. SIMERI SOUTH BEND, INDIANA 46601 AREA CODE 219 KEVIN J. BUTLER LEWIS C. LADERER, JR. PAU7. M. OLENICZAK January 9, 1978 South Bend Common Council 4th Floor, County -City Building South Bend, Indiana 46601 Gentlemen: Enclosed is a proposed Ordinance which, if adopted by the South Bend Common Council and approved by the Mayor, would amend Section 15 -43 of the South Bend Municipal Code by reducing the amount of public liability insurance cover- age required of taxicab owners from $300,000 to $100,000. The insurance coverage for South Bend Cab Co., Inc., owner of Indiana - Yellow Cab, expires and will be cancelled on January 13, 1978. That policy provides public liability insurance coverage of $300,000 per occurrence as required by the current provision of the Code. South Bend Cab Co., Inc. has made every possible attempt since receiving notice of the cancellation of its policy one month ago to obtain public liability insurance coverage re- quired by the Code. Those attempts have now been exhausted and the only coverage obtainable is in the amount of $100,000 per occurrence with a $50,000 deductible clause. This problem is not unique to South Bend Cab Co., Inc., but is nationwide within the industry. Many cab companies are unable to obtain any coverage whatsoever. Because of the expiration date of January 13, 1978, we are requesting the South Bend Common Council to take the extraordinary action of suspending its rules to permit intro- duction, first reading, the public hearing, and second read- ing of this proposed Ordinance. We have attempted to obtain extension of the current insurance coverage in order to follow the normal legislative procedure, but have been unsuc- cessful. The only legal alterative to immediate action on and approval of the proposed Ordinance is suspension of the taxicab service.