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HomeMy WebLinkAbout1988-OR-13ORDINANCE NO. 88-0R-~ ORDINANCE GRANTING TAXI-CAB FRANCHISE An ordinance granting to CAB SERVICE OF JEFFERSONVILLE AND NEW ALBANY, INC. (hereinafter referred to as "Grantee"i, of 424 to 426 Watt Street, Jeffersonville, Clark County, Indiana 47130, an exclusive franchise to provide taxi-cab ~ service within the corporate city limits of the City of Jeffersonville, State of Indiana, and providing for the regulation of such service. WHEREAS, the Common Council of the City of Jeffersonville desires to grant an exclusive franchise to the Grantee herein and, WHEREAS, the Common Council of the City of jeffersonville feels that said franchise is in the best interest of the citizens.of the City of jeffersonville; and WHEREAS, the Common Council of the City of Jeffersonville believes that said franchise will allow said city to regulate the operation of said cab service; and WHEREAS, the City of Jeffersonville believes it is in the best interest of the citizens of the City of jeffersonville to provide clean, safe and reliable taxi-cab transportation to said citizens at the most reasonable and lowest possible costs; NOW, THEREFORE, BE IT ORDAINED by the Coramon Council of the City of Jeffersonville, State of Indiana, as follows: ARTICLE I ~RANT OF FRANCHISE, The Common Council of the City of Jeffersonville, in the County of Clark, State of Indiana, herein referred to as "Grantor", hereby grants to Grantee a franchise of scope and description as follows: The Grantee herein is granted an exclusive franchise to provide taxi-cab service to the citizens of jeffersonville within the corporate limits of said city and to the the exclusion of any other taxi-cab services not presently pro- viding taxi-cab service to the corporate city limits of the City of jeffersonville. -2- ARTICLE II TERM The franchise is granted for a term of 3 years commencing after the date on which it is accepted, thereafter the franchise may be renewed for an additional 3-year term on~ such terms and conditions as may be mutually acceptable to Grantor and Grantee. Grantee shall file a written acceptance of the franchise with the City Attorney of the Grantor wlthl thirty (30) days after the date of this ordinance. The franchise shall go into effect only when such acceptance has been filed, and evidence of general comprehensive liability insurance provided for hereinafter have been filed and approved. ARTICLE III SPECIFI~ cONDITIONS The Grantee shall furnish, on a 24-hour basis, cab service to the citizens living within the corporate limits of the City of jeffersonville. The Grantee shall further accept any and all regulations adopted by the City of jeffersonville including, but not limited to those specifically mentioned hereinafter. Furthermore, the Grantee agrees that the drivers of said taxi-cabs shall be at least eighteen (18) years of age and further that they shall hold and maintain in effect during the term of their employment as a driver for the Grantee a valid Indiana Chauffeur's license issued by the State of Indiana. The drivers shall further maintain a clean and orderly appearance at all times while operating taxi-cabs within the corporate limits of the City of jeffersonville. The Grantee herein shall further maintain taxi-cabs in a clean and safe condition. ARTICLE IV the GENERAL CONDITIONS Section. i!' Reasonable R~e~ulation: The Grantor reserves right to enforce reasonable regulations concerning the -3- operation and maintenance of the taxi-cabs over and on the streets within the corporate city limits of the City of jeffersonville. Said regulations may include, but shall not be limited to the following: 1) the cleanliness and safety of the Grantees' taxi-cab vehicles; 2) the accuracy of all ~ trip-meters through regular and/or unannounced inspections by the jeffersonville Police Department and/or the Indiana Department of Weights and Measures; 3) the registration of all vehicles so used by requiring permits to be obtained for each vehicle from the City of jeffersonville; and 4) the personal appearance and licensing of taxi-cab drivers through permits which would be required to be obtained from said City of jeffersonville. Section II: Indemnity:. The Grantees shall indemnify and defend Grantor, it's boards, commissions, officers, agents and employees, and any and all other public agencies, and their members, officers, agents, and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Grantee, it's officers, agents, or employees, in the operation or mainten- ance of its property and/or vehicles, or arising out of the exercise of any right or privilege under the franchise. Section III: Comprehensive Liability ~nsurance: At all times during the term of the franchise, Grantee will, at it's own expense, maintain in force general comprehensive liability insurance with an insurance company approved by the City of jeffersonville, the policy or policies to be in form satisfactory to the City Attorney of the Grantor. Liability insurance shall be maintained on all vehicles operated by the Grantee within the corporate city limits of the City of jeffersonville for personal injury or death of any of its passengers and for damage to property resulting from any one occurrence. The policies mentioned in the foregoing paragraphs shall each contain a provision that a written notice of any -4- cancellation or reduction in coverages to the policies shall be delivered to the Grantor thirty (30) the effective date thereof. Section IV:. Additions t__qoArea o_~f days in advance of Grantor: Grantee shall on subsequent additions of areas to Grantor, either by ~ annexation, consolidation or otherwise, surrender all franchises for taxi-cab services held by the Grantee in such areas, such surrender being deemed to take place on the occurrence on any such event· Grantee shall thereafter be subject to the provisions of the franchise granted by this Ordinance as to all such areas; provided, however, that should the franchise be declared invalid or rendered inoperative by a judgment, decree or order by a court of competent jurisdiction, which being binding hereon, becomes final for all purposes. The franchises thereby surrendered shall thereafter have the same force and effect as if such surrender had not occurred. Sectio~ V: Limitation of Franchise: No privilege or exemption is granted or conferred by the franchise except those specifically prescribed herein. ARTICLE V ASSIGNMENT O_~F FRANCHISE Grantee shall not have the right to assign the franchise or otherwise transfer it in any manner whatsoever, or sell, lease, license, or permit others to use or transfer in any manner whatsoever any interest in all or any part of its facilities that are installed or operated hereunder, except on prior written approval by ordinance of the Common Council of the City of jeffersonville. ARTICLE VI FORFEITURE The franchise may be forfeited at the option of Grantor, upon failure or refusal by Grantee to observe the terms and conditions set forth herein. Forfeiture may be exercised by written notice to Grantee of failure to observe the terms and -5- conditions hereof, followed by Grantee'S refusal to eliminate or correct such failure or violation within thirty (30) days. In the event of any failure or violation, Grantor may sue in its own name in the manner provided by law for the forfeiture of the franchise without the necessity of resorting to procedures in quo warranto, and the exercise of such remedy of forfeiture shall not preclude exercise of any other right or remedy given to Grantor by law, whether exercised con- currently or subsequently- ARTICLE VII EFFECT OF INVALIDITY The franchise is granted pursuant to the laws of the State of Indiana relating to the granting of such rights and privileges by the City of jeffersonville. If any article, section, sentence, clause, or phrase of this ordinance is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the ordinance or any of the remaining portions. The invalidity of any portion of this ordinance shall not abate, reduce or otherwise affect any consideration or other obligation required of the Grantee. THIS ORDINANCE SHALL BECOME EFFECTIVE upon its passage, · d and approval as require by the laws of the State of Indiana. PASSED this ~--..~ day of /~ .., 1988. ~--~ ~AY~-~-DALE L. ORE D. PERKINS, JR., ~resident jeffersonvi~ie Common Council ATTEST: C~.'~ICHARD SPENCER, J~- Cl erk-Treasurer -6- Presented to me as Clerk-Treasurer to the Mayor of said City of Jeffersonville this Zf day of /~4~ , 1988. Approved and signed by me this ~-/ day of 1988. MAYOR DALE L. OREM ~OH~ D. PERKINS, JR., ~ ~r~sident, Common Council City ~f Jeffersonville