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HomeMy WebLinkAboutTaxiCab Agreement \- J ' Bill No. Resolution No. R-95-35 .. AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CIVIL CITY OF NEW ALBANY, INDIANA AND THE CITY OF JEFFERSONVILLE. INDIANA AND THE TOWN OF CLARKSVILLE, INDIANA THIS AGREEMENT made and entered as of the 10th day of July, 1995, by and between the Civil City of New Albany, Indiana, (City) and the City of Jeffersonville, Indiana (Jeffersonville), and the Town of Clarksville, Indiana (Clarksville), pursuant to the 'provisions of IC 36-1-7 et. seq. WITNESSETH: WHEREAS: The Civil City of New Albany, Indiana, acting by and through its duly elected and qualified Mayor and Common Council, the City of Jeffersonville, acting by and through its duly elected Mayor and City Council, and the Town of Clarksville, acting by and through its duly elected Town Council (hereinafter referred to as the Entities), are desirous of assuring adequate taxi service within and between the entities. WHEREAS: entities. No adequate taxi service presently exists in the WHEREAS: Each Entity has separate and differing licensing requirements and rate schedules for taxi service. WHEREAS: The Entities are contemplating recruitment of a taxi service and enacting uniform licensing requirements and rate schedules. WHEREAS: Any proposed taxi service currently would be unable to meet the various requirements and be able to operate in the different Entities. NOW THEREFORE, it is agreed: PURPOSE OF AGREEMENT: The purpose of this agreement is to unify the requirements and rates for taxi services in the Entities so as to allow a taxi company to service all of the Entities and to enact a common Ordinance as shown in Exhibit A attached hereto and honor such Ordinance without charge for the duration of this agreement. DURATION OF AGREEMENT: This agreement shall remain in full force and effect for a period of five years following the effective date hereof unless sooner terminated by mutual agreement of the parties. . .' '. ~'-~--'...'~:_'~ ~..'.'.':-'''' ,. . - .' .. " . ...~ . d, FILING: This agreement shall be recorded in the Office of the Recorder of Floyd and Clark Counties and.filed with the state Board of Accounts as provided by IC 36-1-7-6. APPROVED AND EXECUTED on behalf of the Civil City of New Albany,. Indiana, on behalf of the City of Jeffersonville, Indiana, and on behalf of the Town of Clarksville, Indiana, this 10 day of JULY 1995. CIVIL CITY OF NEW ALBANY CITY OF JEFFERSONVILLE Gm,~~,~~ aym d -. arke , ayor By: By: TOWN OF CLARKSVILLE By: ~ Town Council President FISCAL APPROVAL "'-" The foregoing Interlocal Agreement was approved by resolution duly adopted by the Common Council of the City of New Albany on the 10 day of ,TrTr.Y , 1995 and by the Ci ty Council of the Ci ty of Jeffersonville on the day of , 1995. COMMON COUNCIL OF CITY OF NEW ALBANY / CITY COUNCIL OF CITY OF JEFFERSONVILLE r By: 4?(J~~ (.l)ULC~ Pre 1 n t . By: STATE OF INDIANA ) :SS ) COUNTY OF FLOYD Before me, the undersigned, a Notary Public in and for said County and State personally appeared Douglas B. England, Mayor of the Civil City of New Albany, Indiana and acknowledged his voluntary execution of the above and foregoing Interlocal Agreement. .. . . ~ . l' I. '" . 11 day of JULY My Commission Expires: Q~~) ~ Notary puBI1c DECEMBER 31, 1995 Printed name: REGINA OVERTON County of residence: FLOYD STATE OF INDIANA ) :SS COUNTY OF CLARK ) Before me, the undersigned, a Notary Public in and for said County and State personally appeared Raymond L. Parker, Mayor of the City of Jeffersonville, Indiana and acknowledged his voluntary execution of the above and foregoing Interlocal Agreement. tf fA /1 WITNESS my hand and notarial seal this /0 ~ day of Hc./i- 1995. 12-~L.1-9'7 6( 7,dL- ,5 A)~(>df Notary Public Printed name: "', -5tJce I-I-e .s AJeu;-t1 County of residence: C fa ,/K My Commission Expires: STATE OF INDIANA ) :ss COUNTY OF CLARK ) Before me, the undersigned, a Notary Public in and for said County and State personally appeared the President of the Clarksville, Indiana Town Council and acknowledged his voluntary execution of the above and foregoing Interlocal Agreement. WITNESS my hand and ~ d.ay Ofa 1It").IJJIt-, 1995. 9~' My Commission Expires: b-q-q~ t.> Notary Public ~() )Je{f Gw; I) County of residence:~~f: ~:~;)l'" .-. ~. ." --'------...-.- ';j "' - :>,.. i ...~ ~ - if J 'Y ^ .~ '.. ORDINANCE NO. .SIP~ AN ORDINANCE AMENDING 5115.23 OF THE JEFFERSONVILLE CODE OF ORDINANCES WHEREAS, it has been at least eight (8) years since the allowable taxicab rates in the City of Jeffersonville have been amended; and WHEREAS, the Common Council of the City of Jeffersonville (hereinafter "the Council") believes it is in the best interests of the citizens of the City that taxicab companies be encouraged to safely operate in the City; and WHEREAS, such encouragement requires that the City's taxicab rates be competitive with surrounding municipalities; and WHEREAS, such encouragement also requires that the City's procedures for licensing of taxicab business operators and taxicab drivers be streamlined; and WHEREAS, the City has an overriding interest in ensuring the safety of its citizens and visitors by requiring that taxicabs used in the City are operated in a safe and drug-free manner, NOW THEREFORE, BE IT HEREBY ORDAINED that ~115.23 of the Jeffersonville Code of Ordinances be amended to read as follows: 5115.23 RATES AND CHARGES. (A) The rates to be charged by taxicabs for service to passengers shall be as follows: (1) There shall be a charge of $1.50 for each meter pull. (2) There shall be a charge of $1.50 per mile with a $3.00 minimum charge per trip. (3) The above meter rates shall apply to delivery of parcels. (B) In addition. the taxicab shall be entitled to charge $.30 for each minute of waiting time; provided, however, that such time shall not be charged unless the . passenger has requested the taxicab to wait for him/her. 1 . '" ,1!!''; '.... .J ~"-4 ., .. , .~ ~ .. (C) A taxicab shall offer'a 10% discount to any passenger who is 65 years of age or older. In the event that.more than one passenger is utilizing the taxicab and any one of th~ passengers is 65 years of age or older, this discount shall apply. NOW THEREFORE, BE IT HEREBY FURTHER ORDAINED that ~115.38 of the Jeffersonville Code of Ordinances be amended to read as follows: 1115.38 CONDmONS TO BE MET FOR UCENSE ISSUANCE. No taxicab driver's license shall be issued to any person who does not meet the requirements set forth in Ie 9-24-1-3. In addition, all applicants for a taxicab driver's license shall provide all information concerning any violations, past, present or future, of any local, state, or federal laws, and shall submit certified results of initial drug testing, and random drug testing at least annually thereafter from a private drug-testing contractor approved by the Board of Public Works. Violation of any local, state, or federal laws or failure of any drug test shall be adequate grounds for non-issuance. revocation, or non-renewal of a taxicab driver's U~nse. NOW THEREFORE, BE IT HEREBY FURTHER ORDAI~ED that 9115.18 of the Jeffersonville Code of Ordinances be amended to read as follows: 5115.18 NUMBER OF UCENSES ISSUED. The number of taxicab licenses issued by the Board of Public Works and Safety shall be based upon the public convenience and necessity for such taxicabs. NOW THEREFORE, BE IT HEREBY FURTHER ORDAINED that ~e following provision be added to Chapter 115 of the Jeffersonville Code of Ordinances as 9115.28: 1115.28 EXEMPT BUSINESS OPERATORS. The provisions of Sections 115.15 do not apply to a Taxicab Business Operator if that operator has obtained a valid Taxicab Business Operator's license from the City of New Albany, Indiana. NOW THEREFORE, BE rr HEREBY FURTHER OR[)AI~I:D t~at the following provision be added to Chapter 115 of the Jeffersonville Code of Ordinances as ~115.45: 5115.45 EXEMPT DRIVERS. The provisions of Sections 115.38 do not apply to a Taxicab Driver if that driver 2 . ..... .....~. ...._,.... .......) ....' .,.. . .' .. has obtained a valid Taxicab Driver's license from the City of New Albany, Indiana. This Ordinance shall be 'in full.force and effect from and after its passage and approval. Passed this 2-q dayof :;::r;'.lf . 199k Thomas R.Galligan Presiding Officer ATTEST: ~e.I-J ~A. C. Richard Spencer Ur. Clerk and Trea,surer Presented by me as Clerk and Treasurer to th, Mayor of said City of Jeffersonville this '2-e:J day of..;;;r;..tr I 199~. ~~Jl~!'~ J "'~~ '"j ~. ~(dinance approved and! > ,,' ". J~.ay pr > . -~: yL___ . ... .-= ~ Thomas R. Galligan, M H:IOfI[lINAHC\TAXlCA8.AMD 3 CHAPTERl18: TAJUCABS Section General Provisions 118.01 Defmition Taxicab Business Operator 118.15 License required 118.16 License application; information required 118.17 License fee 118.18 Number of licenses issued 118.19 Condition of vehicle as prerequisite to license issuance 118.20 Insurance required 118.21 License plate 118.22 License expiration date 118.23 Rates and charges 118.24 Taximeter required; maintenance and inspection 118.25 Allowing operation by unlicensed driver prohibited 118.26 Investigation of complaints 118.27 License revocation 118.28 Exempt business operators Taxicab Drivers 118.35 Driver's license required 118.36 License application; information required 118.37 License fee 118.38 Conditions to be met for license issuance 118.39 Minimum age 118.40 Fingerprinting and photographs of applicant for license 118.41 License term 118.42 Display of license 118.43 Revocation of license 118.44 Conduct of drivers 118.45 Exempt drivers 118.99 Penalty 41 42 Jeffersonville - Business Regulations GENERAL PROVISIONS ~ 118.01 DEFINITION. For the purpose of this chapter the following defInition shall apply unless the context clearly indicates or requires a different meaning. TAXICAB. A vehicle driven by mechanical power which is designed to carry not more than seven passengers and is for public hire within the city. ('77 Code, ~ 18-1) (Ord. 1150, passed 12-1-41) TAXICAB BUSINESS OPERATOR ~ 118.15 LICENSE REQUIRED. It shall be unlawful for any person to operate a taxicab without a license issued by the Board of Public Works and Safety. ('77 Code, ~ 18-2) (Ord. 1150, passed 12-1-41; Am. Ord. 1309, passed 12-27-50) Penalty, see ~ 118.99 ~ 118.16 LICENSE APPLICATION; INFORMATION REQUIRED. All applications for licenses for taxicabs for hire shall be made by the owner of the cab to the Board of Public Works and Safety upon blanks to be furnished by the Board and the application shall contain the full name and address of the cab owner ,the length of time the vehicle has been in use, the number of persons it is capable of carrying, the model, serial number, and motor number of the vehicle. ('77 Code, ~ 18-3) (Ord. 1150, passed 12-1-41) ~ 118.17 LICENSE FEE. Any person applying for the issuance or the renewal of a taxicab license shall pay to the Clerk- Treasurer a fee of $70 if the license is to be for the fIrst taxicab that he is licensing with the city; for each subsequent taxicab such person shall pay the sum of $5 per vehicle. The Board of Public Works and Safety shall consider each application or renewal and shall inform the Clerk-Treasurer of its decision to issue or deny each issuance or renewal. ('77 Code, ~ 18-4) (Ord. 1150, passed 12-1-41; Am. Ord. 85-0R-68, passed 1-6-86) Penalty, see ~ 118.99 Taxicabs 43 ~ 118.18 NUMBER OF LICENSES ISSUED. The number of taxicab licenses issued by the Board of Public W orles and Safety shall be based upon the public convenience and necessity for such taxicabs. ('77 Code, ~ 18-5) (Ord. 1150, passed 12;.1-41; Am. Ord. 1309, passed 12-27-50; Am. Ord. 1351, passed 12-1-52; Am. Ord. 71-0R-14, passed 10-4-71; Am. Ord. 85-0R-68, passed 1-6-86; Am. Ord. 96-0R-52, passed 7-29-96) Penalty, see ~118.99 ~ 118.19 CONDITION OF VEmCLE AS PREREQUISITE TO LICENSE ISSUANCE. A taxicab license shall be issued only if the vehicle meets all state and federal requirements for vehicle safety and emission control. ('77 Code, ~ 18-6) (Ord. 1150, passed 12-1-41; Am. Ord. 85-0R-68, passed 1-6-86) Penalty, see ~ 118.99 ~ 118.20 INSURANCE REQUIRED. (A) The owner of each taxicab shall obtain an insurance policy from an insurance company doing business in this state which shall provide for automobile liability insurance coverage in the amount which is required by the state for such commercial taxicab operators. (B) The applicant for a taxicab license shall provide proof of insurance to the Clerk-Treasurer before the Clerk-Treasurer may issue a license to that owner/operator. ('77 Code, ~ 18-7) (Ord. 1309, passed 12-27-50; Am. Ord. 85-0R-68, passed 1-6-68) Penalty, see ~ 118.99 ~ 118.21 LICENSE PLATE. A taxicab license shall be in the form of a license plate which shall be displayed on the rear of the taxicab when thevehic1e is in use as such. The plates shall be provided by the Clerk-Treasurer in the form which he shall deem appropriate. ('77 Code, ~ 18-8) (Ord. 1150, passed 12-1-41; Am. Ord. 85-0R-68, passed 1-6-86) Penalty, see ~ 118.99 ~ 118.22 LICENSE EXPIRATION DATE. All taxicab licenses shall expire on December 31 of each year. ('77 Code, ~ 18-9) (Ord. 1150, passed 12-1-41) 44 Jeffersonville - Business Regulations ~ 118.23 RATES AND CHARGES. (A) The rates to be charged by taxicabs for service to passengers shall be as follows: (1) There shall be a charge of $1.50 for each meter pull. (2) There shall be a charge of $1.50 per mile with a $3 minimum charge per trip. (3) The above meter rates shall apply to delivery of parcels. (B) In addition, the taxicab shall be entitled to charge $.30 for each minute of waiting time; provided, however, that such time shall not be charged unless the passenger has requested the taxicab to wait for him. (C) A taxicab shall offer a 10% discount to any passenger who is 65 years of age otolder. Inthe event that more than one passenger is utilizing the taxicab and anyone of te passengers is 65 years of age of older, this discount shall apply. ('77 Code, ~ 18-10) (Ord. 1150, passed 12-1-41; Am. Ord. 85-0R-68, passed 1-6-86; Am. Ord. 88-0R-14, passed 6-6-88; Am. Ord. 96-0R-52, passed 7-29-96) Penalty, see ~ 118.99 ~ 118.24. TAXIMETER REQUIRED; MAINTENANCE AND INSPECTION. (A) Every taxicab shall be equipped with a taximeter which shall be properly adjusted to reflect the rate schedule currently in effect. ('77 Code, ~ 18-11) (B) All taximeters shall be maintained in good working order and shall be subject to inspection by the Board of Public Works and Safety. ('77 Code, ~ 18-12) (Ord. 1150, passed 12-1-41; Am. Ord. 1309, passed 12-27-50; Am. Ord. 1358, passed 5-4-53; Am. Ord. 1586, passed 9-10-62) Penalty, see ~ 118.99 ~ 118.25 ALLOWING OPERATION BY Ul'lLICENSED DRIVER PROmBITED. No owner or operator of any taxicab shall permit any person who does not have an appropriate and valid chauffeur's license to operate a taxicab. ('77 Code, ~ 18-13) (Ord. 1150, passed 12-1-41; Am. Ord. 85-0R-68, passed 1-6-86) Penalty, see ~ 118.99 Taxicabs 45 ~ 118.26 INVESTIGATION OF COMPLAINTS. Any person who is aggrieved by the conduct or action of any taxicab driver or taxicab owner in the operation of such taxicab, may present a complaint to any police officer, and the Police Department shall then promptly investigate such complaint and take appropriate actions. ('77 Code, ~ 18-15) (Ord. 1150, passed 12-1-41) ~ 118.27 LICENSE REVOCATION. A taxicab license may be suspended or revoked by the Mayor if the taxicab, with the knowledge and consent of the owner, is used for, or the driver, with the knowledge and consent of the owner, is engaged in any immoral or illegal business in violation of any ordinance or state or federal law . ('77 Code, ~ 18-16) (Ord. 1150, passed 12-1-41) ~ 118.28 EXEMPT BUSINESS OPERATORS. The provisions of ~ 118.15 do not apply to a taxicab business operator if that operator has obtained a valid taxicab business operator's license from the city of New Albany, Indiana. (Ord. 96-0R-52; passed 7-29-96) TAXICAB DRIVERS ~ 118.35 DRIVER'S LICENSE REQUIRED. (A) No person shall drive a taxicab without a taxicab driver's license issued by the Board of Public Works and Safety. ('77 Code, ~ 18-28) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58) (B) No person shall be issued or hold a taxicab driver's license unless such person shall hold an appropriate and valid state driver's license. ('77 Code, ~ 18-33) Penalty, see ~ 118.99 ~ 118.36 LICENSE APPLICATION; INFORMATION REQUIRED. Every person desiring a taxicab driver , s license shall apply in writing to the Board of Public Works and Safety upon a form to be furnished by the Board; upon the application form the applicant shall give such information as may be required by the Board of Public Works and Safety. ('77 Code, ~ 18-29) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58) 46 Jeffersonville - Business Regulations ~ 118.37 LICENSE FEE. (A) Every person who applies for the issuance or renewal of a taxicab driver I s license shall pay the sum of $5 to the Board of Public W orksand Safety. (B) In addition, the individual applying shall pay a $5 fee to the Police Department. This fee shall be in addition to the $5 application fee and shall be placed in the general fund. ('77 Code, g 18-34) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58; Am. Ord. 85-0R-68, passed 1-6-86) Penalty, see g 118.99 ~ 118.38 CONDITIONS TO BE MET FOR LICENSE ISSUANCE. No taxicab driver's license shall be issued to any person who does not meet the requirements set forth in I.C. 9-24-1-3. In addition, all applicants for a taxicab driver's license shall provide all information concerning violations, past, present or future, of any local, state, or federal laws, and shall submit certified results of initial drug testing, and random drug testing at least annually thereafter from a private drug testing, and random drug testing at least annually thereafter from a private drug-testing contractor approved by the Board of Public Works. Violation of any local, state, or federal laws or failure of any drug test shall be adequate grounds for non-issuance, revocation, or non-renewal of a taxicab driver's license. ('77 Code, g 18-30) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58; Am. Ord. 96-0R-52, passed 7-29-96) ~ 118.39 MINIMUM AGE. No taxicab driver's license shall be issued unless the applicant for same is 18 years of age or older, in accordance with I.C. 9-1-4-29. ('77 Code, ~ 18-31) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58) ~ 118.40 FINGERPRINTING AND PHOTOGRAPHS OF APPLICANT FOR LICENSE. Every person applying for a taxicab driver's license shall furnish one photograph of himself of a size specified by the Police Department and shall complete any required application form which shall be specified by the Police Department. ('77 Code, ~ 18-32) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58; Am. Ord. 88-0R-68, passed 1-6-86) Penalty, see ~ 118.99 ~ 118.41 LICENSE TERM. All taxicab driver's licenses shall expire at the end of each calendar year. ('77 Code, g 18-35) (Ord. 1150, passed 12-1-41; Am. Ord. 1477, passed 7-7-58)