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HomeMy WebLinkAboutAmend Section 15-43 of the Municipal Code of the City of South BendORDINANCE No. 6299 -78 Passed by the Common Council of the City of South Bend, Indiana. January 12 19 78 IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by January 13 ,, 78 Clerk of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. 6299 -78 AN ORDINANCE TO AMEND SECTION 15 -43 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, that: SECTION 1: Section 14 -43 of the Municipal Code of the City of South Bend, Indiana, is hereby amended to read as follows: "Sec. 15 -43. Liability insurance required; contents. "(a). No Certificate of Public Convenience and Neces- sity may be issued or continued in operation unless there is on file in the office of the Controller, and in force and effect, a policy of insurance in an amount of not less than Fifty Thousand Dollars ($50,000.00) for injury to or destruction of property as the result of any one (1) 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 all public liability from any one (1) occurrence. "(b). The policy of insurance shall insure the owner and his agent against liability for the payment of any final judgment, less any deductible amounts, that may be rendered against the owner and /or his agent 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 the owner and /or his agent will be liable on account of any act of negligence in the operation of the 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 or any agent. "(c). The policy of insurance on file in the office of the Controller shall contain the following provision: 'The City through the office of the Controller, will be given fifteen (15) days notice prior to the effective date of the cancellation or other material change of this policy.'" SECTION 2: This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Z, V 1 FKED IN CLERIC'S OFFICE JA N 91978 -Irene. Gammon 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. South Bend Common Council Page 2 January 9, 1978 The proposed Ordinance was not submitted to the South Bend Common Council before this time because it was not until Friday, January 6, 1978, that the final determination with respect to available coverage was made. Mr. Bert Liss and Mr. Roy Sharpe of South Bend Cab Co., Inc. will be in attendance with me tonight at your meeting in order to answer any questions which you may have. Thank you for your consideration of this emergency situa- tion. Sincerely yours, r (J Kevin J. Butler jk Enclosure