Repealing Chapter 36 Relating to Taxicabs

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SECTION 5. ISSUANCE OF CERTIFICATE If the Board of Public Works and Safety finds that additional taxicab service in the City of South Bend is required by the public convenience and necessity and that the applicant is fit, willing, and able to per- form such public transportation and to conform to the provisions of this ordinance and the rules promulgated by the Board of Public Works and safety, then the Board of Public Works and Safety shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied. SECTION 6. LIABILITY INSURANCE REQUIRED. No certificate of public convenience or necessity shall be issued or continued in operation unless there is on file in the office of the city controller, and in force and effect, a policy of insurance in total amount of Fifty thousand dollars ($50,000.00) for injury to or destruction of property as the result of any one occurrence and a public liability policy covering accidental bodily injury, including death, to any member of the public in an amount of not less than One hundred thousand dollars ($100,000.00) for the in -jury or death of any one person, and a minimum limit of not less than Three hundred thousand dollars ($300,000.00) for all public liability from any one occurrence, which policy of insurance shall insure such owner and his agents against liability for the payment of any final judgement, or in case of appeal within sixty (60) days after the affirmation of such judgement, that may be rendered against him for damages to the property or person of others or for damage for the wrongful death of others, resulting from any accident or collision for which such owner will be liable on account of any act of negligence in the operation of such taxicab or which may arise or result from any violation of any of the provisions of this article or the laws of the state by him, his agents or servants. Such policy of insurance on file in the office of the City Controller, shall contain the following provision: - The City of South Bend, through the office of the City Controller, will be given 15 days notice prior to the effective date of the cancellation or other material change of this policy. SECTION 7. FEES No certificate shall be issued until the holder thereof has paid an initial license fee of Five hundred dollars ($500:00) for the right to engage in the taxicab business and Thirty -five dollars ($35.00) each year for each vehicle operated under a certificate of public convenience and necessity. Said license fees shall be in addition to any other license fees or charges established by proper authority and applicable to said holder or the vehicle or vehicles under his operation and control. The initial license fee of $500.00 as provided for in this section shall not apply to persons now having a valid certificate of public convenience and necessity. SECTION 8. TRANSFER OF CERTIFICATES. No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the Board of Public Works and Safety. SECTION 9. SUSPENSION AND REVOCATION OF CERTIFICATES. A certificate issued under the provisions of this ordinance may be revoked or suspended by the Board of Public Works and Safety if the holder thereof has (a) violated any of the provisions of this ordinance, (b) discontinued operations for more than ten (10) days, (c) has violated any ordinances of the City of South Bend, or the laws of the United States or the State of Indiana, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard.