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HomeMy WebLinkAbout34. 13-101 FEBRUARY 12, 2013 FEBRUARY 26, 2013 13-69 13-101 ORDINANCE FIRST READING SECOND READING (CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________) PURPOSE: AMEND LIABILITY INSURANCE PROVISIONS / TAXICAB LICENSING INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH PERTAINING TO TAXICAB LICENSING. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 22-5 of the Oshkosh Municipal Code pertaining to liability insurance is hereby repealed and recreated as follows SECTION 22-5 LIABILITY INSURACE No license to operate a taxicab or business providing taxicab services shall be issued unless and until the owner shall have filed with the City Clerk an insurance policy issued by an insurance company licensed to do business in the State of Wisconsin, providing insurance coverage for such taxicab services, with a minimum liability of one million dollars ($1,000,000.00) per occurrence, for any accident due to the operation of such vehicle/vehicles. Said policy shall also include the City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers as additional insured. The policy shall be approved by the City Attorney or his/her designee and shall contain a provision that the policy may not be canceled before the expiration of its term except upon thirty (30) days’ written notice to the City Clerk. SECTION 2. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #13-101 (AMEND LIABILITY INSURANCE PROVISIONS / TAXICAB LICENSING) on February 26, 2013. The ordinance increases liability insurance requirements to $1 million per occurrence for taxicab operators licensed to operate in the City of Oshkosh. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. OJHKOIH City of Oshkosh - Transportation Department ON THE WATER 926 Dempsey Trail, Oshkosh,WI 54902 (920)232-5342 (920)232-5343 fax MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Christopher Strong,P.E.,Director of Transportation Lynn A. Lorenson, City Attorney DATE: February 6,2013 RE: AMEND LIABILITY INSURANCE PROVISIONS/TAXICAB LICENSING BACKGROUND Section 22-5 of the Oshkosh Municipal Code stipulates liability insurance requirements for taxicab operators who wish to be licensed to operate within the City of Oshkosh. ANALYSIS The liability limits were set at$1 million by Ordinance 02-112 in March 2002,but were subsequently reduced by the Common Council in 2006 to$500,000 under Ordinance 06-245.The ordinance would restore the limits to pre-2006 levels,which would be consistent with other City liability insurance requirements.In addition,the language clarifies who the insurance certificate must include as additional insured. At least two companies currently provide taxicab service within the City of Oshkosh, one of which also provides contracted paratransit service for GO Transit.By contract,this operator has liability insurance limits which equal those in the proposed ordinance. City staff are not aware of a compelling reason why the liability insurance limits should be less for taxicab operators than for other businesses for which the City requires liability insurance. FISCAL IMPACT No fiscal impact is foreseen for the City of Oshkosh. The proposed language change does not increase the insurance requirements for GO Transit paratransit services, so it should not impact future bid prices. RECOMMENDATION We recommend approval of this amendment to the liability insurance provisions with respect to taxicab licensure. Respectfully submitted, ' t Approved:0 hristoph r tro ,P.E. A. Lore Mark A. Rohloff Director of Transportation City Attorney City Manager City of Oshkosh—Department of Transportation 1