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HomeMy WebLinkAbout93-46RESOLUTION NO. 93-46 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING REGULATIONS FOR THE ISSUANCE OF PERMITS FOR VEHICLES TRANSPORTING PASSENGERS FOR COMPENSATION UNDER DIVISION 2t CHAPTER 5 OF THE UKIAH CITY CODE WHEREASt 1. The City Council of the City of Ukiah has adopted amendments to Chapter 5, Division 2 of the Ukiah City Code (UCC); and 2. The amended Chapter requires the City Council to adopt by resolution forms and requirements for applications, permits, insurance, and vehicle tags; and 3. The City Council has reviewed the forms and requirements contained in this resolution and finds that they adequately and properly implement the provisions of Chapter 5 and will aid in the efficient administration of the Chapter; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The Application for Motor Vehicle Permit attached hereto as Exhibit A and incorporated herein by reference is hereby adopted as required by UCC section 2531. The Director of Public Safety shall not accept the application for filing until the Finance Department has certified on the form that all required fees have been paid. The Director of Public Safety with the approval of the City Manager is hereby authorized to make nonsubstantive changes in Exhibit A, if necessary in his or her judgment to improve the format or make the form easier or more efficient to use. 2. The For Hire Vehicle Permit attached hereto as Exhibit B and incorporated herein by reference is hereby adopted as required by UCC section 2533, subsection 3.b. The Director of Public Safety shall include, add, remove or substitute on the permit, as appropriate, the names of drivers included in an application and approved by him or her, who the permit holder wishes to remove from the permit or whose for hire driving privilege has been suspended or revoked. The permit shall also identify all approved vehicles. The Director of Public Safety shall issue separate permits for each vehicle included on the permit, each bearing the official City of Ukiah seal. Whenever a permit is issued to an existing permit holder, the new permit shall not issue until all of the previously issued permits are returned to the Director of Public Safety for cancellation and destruction. The Director of Public Safety with the approval of the City Manager is hereby authorized to make nonsubstantive changes in Exhibit B, if necessary in his or her s:\u\wpres92\tax~2 January 14, 1993 judgment to improve the format or make the form easier or more efficient to use. 3. The Application for Driver's badge attached hereto as Exhibit C and incorporated herein by reference is hereby adopted as required by UCC section 2580, subsection 1. The Director of Public Safety shall not accept the application until the Finance Department has certified on the fo£m that the applicable fees have been paid. The Director of Public Safety with the approval of the City Manager is hereby authorized to make nonsubstantive changes in Exhibit C, if necessary in his or her judgment to improve the format or make the form easier or more efficient to use. 4. The Driver's Badge required by sections 2551 and 2580 shall contain the driver's name and a unique identification number assiged by the Director of Public Safety. The badge may be constructed of metal or durable plastic with a mechanism for attaching the badge to the driver's clothing. The badge shall be worn on the driver's outer garment above the right breast. Any authorized driver must also have in his or her possession and conspicuously displayed inside the vehicle a copy of a valid and effective For Hire Vehicle Permit with the driver's name and California driver's license number listed thereon. Whenever notified of a suspension or revocation of a drivers badge, the holder of the For Hire Motor Vehicle permit must surrender all previously issued permits to the Director of Public Safety, who shall issue new For Hire Motor Vehicle permits for each approved vehicle as provided in section 2 of this resolution. 5. The Insurance Requirements for Applicants attached hereto as Exhibit D and incorporated herein by reference is hereby adopted as required by UCC section 2533, subsection 1.c. 6. Vehicle tags shall be made of metal or durable vinyl or plastic with an adhesive back that will securely fasten the tag to the center rear bumper. The tag shall measure approximately 2 inches by 2 inches. It shall bear the words: "FOR HIRE VEHICLE PERMIT," a permit number, the words: "CITY OF UKIAH," and an Issue date and Expiration date. PASSED AND ADOPTED this 20 following roll call vote: day of January , 199~ by the AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter NOES: None ABSENT: None s:\u\wpres92\tax~2 January 14, 1993 F~e/~c~neiter, Ma. yor Date of judgment: In the last 5 years, has a court issued a restraining order or injunction against any person to prevent assault, battery or personal harassment? If yes, Describe order: Case Name: Court: Case No.: Date of order: Has each person named in b. and c. above been finger- printed by the Police Department? [] Yes [] No Dates: II. VEHICLES Make For each vehicle covered by this application: Vehicle 1 Vehicle 2 vehicle 3 Model Year License Vehicle ID No. Seating Capacity Color(s) [Attach additional sheets, if necessary.] s: \u\wpords92\taxi~. exa Page 3 FINGERPRINTS TAKEN AT UKIAH POLICE DEPARTMENT? Yes No Yes No [] [] [] [] Date: Yes No [] [] I declare under penalty of perjury that the information contained in this application is true, correct and complete. I have answered each question fully and completely. I consent to the release of any info£mation contained in the files of any government agency or business as long as it is used by the City of Ukiah only to investigate my background in connection with acting on this application and is not disclosed by the City for any other purpose. I understand and agree that if any disclosure is untrue or incomplete or if I have failed to disclose information necessary to fully and completely answer the questions, the City may deny this application or revoke any permit issued in reliance upon this application. Dated: [Signature] [Print or type name] S: \u\wpords92\t axi3. exa Page 5 Fees paid: $ Fingerprints filed: Applicants Drivers Certificate of insurance filed? Policy endorsement filed? Consents to check of criminal background filed? Application for drivers permits completed and approved? Business License issued Qualified? Denied? Reasons: FOR OFFICE USE ONLY ; Approved by Finance Dept.: [] Yes [] Yes [] Yes [] Yes [] No [] No [] No [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No Notice given? Personally delivered? Location: Date: [] Yes [] No Mailed? Address: Date: s: \u\wpords92\t axi3. exa Page 6 Exhibit B FOR HIRE VEHICLE PEP. MIT Permit No.: Issued to: Name: Address: Telephone: Effective Date: Approved Drivers Name 2. 3. 4. Approved Vehicles: Expiration Date: Driver's License No. Vehicle 1 Vehicle 2 Vehicle 3 Make Model Year License No. Vehicle 4 Vehicle 5 Vehicle 6 Make Model Year License No. Dated: NONTP.~NSFERR]tBLE Copy must be posted conspicuously in each approved vehicle. CITY OF UKIAH s: \u\wpords92\t ax~ 3. exb Current Name: Current Address: Exhibit C APPLICATION FOR DRIVERe8 BADGE Other names used: Other addresses (last 5 yrs.) Telephone: California Driver's License No.: Social security no. (optional): Yes No 1. [] [] 2. [] [] Age: 3. [] D Have you been convicted in the last 5 years of any felony, misdemeanor or infraction? If yes, please give: Name of offense: Court Name: Location: Case No. Date of Conviction: [Attach additional sheets, if necessary] Have you received a permit in the last 5 years to drive a vehicle for compensation? If yes, please state: Jurisdiction issuing permit: Description of permit: Date permit issued: Whether permit revoked or suspended: [] Yes [] No If yes, please state: Date suspended or revoked: Reasons: [Attach additional sheets, if necessary] Has a court rendered a judgment against you in the last 5 years? If yes, please state: Description of judgment: If liable for damages, amount: s: \u\wpords92\tax ~3. exc Name of case: Court Name: Location: Case No.: Date: [Attach additional sheets, if necessary] I consent to the Ukiah Police Department taking my fingerprints and conducting an investigation of my background, including my criminal background. I consent to the release of any information contained in the files of any government agency or business as long as it is used by the City of Ukiah only to investigate my background in connection with acting on this application and is not disclosed by the City for any other purpose. I declare under penalty of perjury that the foregoing is true, correct and complete. I have fully disclosed all information necessary to fully and completely answer the questions. I understand that if I have not done so, the City may deny this application or revoke any badge issued in reliance upon it. DATED: [Signature] [Print or type name] FOR POLICE DEPARTMENT USE Fees paid: $ ; Approved by Finance Dept. Fingerprints filed? Convictions verified? Qualified? Denied? Reasons: [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No Notice given? Personally delivered? Location: Date: [] Yes [] No Mailed? Date: s: \u\wpords92\tax ~3. exc 2 Address: s: \u\wpords92\taxi3. exc 3 Exhibit D INSUI~NCE REQUIREMENTS FOR APPLICANTS Applicant shall procure and maintain for the duration of the permit issued under this Chapter insurance against claims for injuries to persons or damages to property which may arise from or in connection with operating vehicles under a permit issued pursuant to Chapter 5, Division 2 of the Ukiah City Code. The policy must cover the actions of the permit holder, his/her drivers, agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 2. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. MINIMUM LIMITS OF INSURANCE The permit holder shall maintain limits no less than: 1. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 2. Workers' Compensation and Employers Liability: Workers' compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its insurers, officials, employees and volunteers; or the permit holder shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the s: \u\wpords92\t ax ~ ~. exd 1 following provisions: 1. Automobile Liability coverages The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the permit holder, automobiles owned, leased, hired or borrowed by the permit holder. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the permit holder's insurance and shall not contribute with it. Ce Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The permit holder's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers, Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the permit holder for the City. 3. All coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. F. VERIFICATION OF COVERAGE s: \u\wpords92\tax { 3. exd 2 Permit holder shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City. Where by statute, the City's workers' compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City before any permit is issued. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. SUBCONTRACTORS The permit holder shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. s: \u\wpords92\tax i3. exd 3