HomeMy WebLinkAbout9499-04 Amend Chapter 4, Article 4 - Increasing Insurance Requirements for an Arborist LicenseORDINANCE No.
9499-04
Passed by the Common Council of the City of South Bend, Indiana
April 12,
Attest:
Attest:
04
20
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City Clerk
Vice
President of Common Council
Presented by me to tl:e Mayor of the City of Soutlt Bend, Indiana
April 13, 04
20 _
City Clerk
Approved and signed by me April 14, 20 04
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ORDINANCE NO. ~ \ 1 ~~
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 4, ARTICLE 4,
SECTION 4-19, INCREASING INSURANCE REQUIREMENTS FOR AN ARBORIST
LICENSE
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council has in the past required that as a prerequisite for the
issuance of an Arborist's license certain insurance standards must be met, and the amount of that
insurance has not been adjusted in accordance with the increase of property value and medical
expenses in South Bend. This ordinance amends the South Bend Municipal Code to increase
arborist insurance coverage consistent with current economic conditions.
NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND AS FOLLOWS:
Section I. Chapter 4, Article 4, Section 4 ofthe South Bend Municipal Code entitled Specific
Business Regulations, shall be amended at Section 4-19(c) to read as follows:
(c) Insurance prerequisite. Before an arborist's license is issued the applicant
shall be required to file with the Controller a certificate of insurance as proof
that the licensee is carrying public liability insurance in an amount of not less
than - ,
. ,
_~_'__ ~___~>--` one hundred thousand dollars ($100,000.00) for injury to or
destruction of proper as a result of any one occurrence, and three hundred
thousand dollars ($300 000.001 for accidental bodily injury includin d~ eath
of a member of the public and a limit of one million dollars ($1 000,000.001
for all public liability from any one occurrence, or such greater amount as
may be established by the Board of Park Commissioners. The proof of
insurance shall be filed each year before an annual license is granted:, and the
licensee shall promptly notify the Controller in writinu of any chanue in the
licensee's insurance companx or covera e durinu the license year.
Section II. This Ordinance shall be in full force and effect from and after its passage by the
Common Council, approval by the Mayor and legal publication, but not before December 31, 2004.
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JOHN VOOND~
CffY
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Member, South Bend Co on Council
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
16-04 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA AMENDING SOUTH BEND MUNICIPAL CODE
CHAPTER 4, ARTICLE 4, SECTION 4-19, INCREASING
INSURANCE REQUIREMENTS FOR AN ARBORIST LICENSE
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation as
substituted.
Sean Coleman
Chairman
1400 COUNTl -D'I'Y BUILDING
SOUTH BEND, INDIANA 46601-1830
PHONE 574/235-9241
FAx 574/235-9892
TDD 574! 235-5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF l ,AW
CHARLES S. LEONE ALADEAN M. DEROSE
CITYATTORNEY March 26, 2004 CHIEF ASSISTANTCITYATTORNEY
Ms. Karen White
President, South Bend Common Council
4`h Floor, County-City Building
South Bend, IN 46601
Re: Bill No 16-04 -Increase of Arborist Licensee Insurance Coverage: Substitute Version
Dear Ms. White:
Attached is a Substitute Bill No. 16-04 which adds a duty on the part of arborist licensees
to promptly notify the Controller of any change in the licensee's insurance company or policy
coverage during the license year. This change was requested by unanimous vote of the Council's
Personnel and Finance Committee on March 22, 2004. This Substitute Bill will receive public
hearing on April 12, 2004. Either Phil St. Clair or Bill Carleton will make the presentation.
Please let me know if any further revision is desired.
Sincerely,
~~~C ~~-
Aladean M. DeRose
Chief Assistant City Attorney
AMD/cw
Enclosure
cc: Phil St. Clair w/ encl.
Bill Carleton w/encl.
Filed In Clerk's Office
JONN YOOR~E
CqY CLERK, S~. BEtVD,1~1.
THOMAS I.. BODNAR CHERYL A. GREENS ANN-CAROL NASH
JEFFREY NI. JANKOWSKI JOHN R. LMNGSTON ROBERT C. ROSENFELD JOHN E, BRODEN