HomeMy WebLinkAboutOrdinance 18292-09-2008ORDINANCE NO. 18292-09-2008
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, APPROVING RESOLUTION NO. 2008-06-122 OF THE
DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD WHICH
AMENDS CHAPTER 4 OF THE DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BO.ARD'S CODE OF RULES AND
REGULATIONS, AS AMENDED; TO AMEND THE MANNER OF
DETERMINING THE TOTAL Tl1:JMBER OF TAXICABS AND THE
TOTAL NUIVIBER OF TAXICAB DRIVERS TO BE AUTHORIZED TO
OPERATE AT DFW AIRPORT; PROVIDING FOR A FINE NOT TO
EXCEED TWO THOUSAND 02,000) PER DAY FOR ANY VIOLATION
THEREOF; PROVIDING A SEVERABILITY CLAUSE;PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 8.F of the Contract and Agreement, between THE CITY OF
DALLAS, TEXAS and THE CITY OF FORT WORTH, TEXAS, Dated and Effective as of
April 15, 1968, City Secretary Contract No. 6014, as amended, provides that the Dallas-Fort
Worth International Airport Board shall have the power, by a duly adopted order, to adopt and
enforce rules and regulations for the orderly, safe, efficient and sanitary operation of the Airport,
and to prescribe reasonable penalties for the breach of any rule or regulation not to exceed the
maximum fines authorized by state law; and
WHEREAS, Sections 22.082 of the Texas Transportation Code, Chapter 22, Subchapter
D and Section 8.F of the 1968 Contract and Agreement, as amended, provide that such orders by
the Dallas-Fort Worth International Airport Board shall become effective only upon approval of
the governing bodies of the Cities of Fort Worth and Dallas and proper publication; and
WHEREAS, on June 5, 2008, the Dallas-Fort Worth International Airport Board passed,
approved, and ordered Resolution No. 2008-06-122, which amends the Dallas-Fort Worth
International Airport Board's Code of Rules and Regulations, as amended, to amend Chapter 4,
Section 2-3, Application for Issuance, Renewal, Amendment or Temporary Amendment of
Operating Authority, Section 3-1, Driver Permit Required, and Section 3-2, Qualification for
Driver Permits. The amendments set forth the formula to be used to determine the total number
of taxicab permits and total number of taxicab driver pern~its required for public convenience
and necessity. The formula for maximum number of taxicab permits will be one taxicab per
every 31,000 origination and destination passengers per calendar year. The formula for
maximum number of taxicab driver permits will be one driver per every 31,000 origination and
destination passengers per calendar year.
WIiEREAS, in accordance with Section 3 of Chapter 9 of the Code of Rules and
Regulations of the Dallas-Fort Worth International Airport Board, as amended, the Airport Board
has requested that the City Councils of the Cities of Fort Worth and Dallas approve its said
Resolution No. 2008-06-122 in order that it may become effective.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COiTNCIL OF THE
CITY OF FORT WORTH TEXAS:
SECTION 1.
That all of the declarations and findings contained in the preamble of this ordinance are
made a part hereof and shall be fully effective as part of the ordained subject matter of this
ordinance.
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SECTION 2.
That Resolution No. 2008-06-122 of the Dallas-Fort Worth International Airport Board,
a duly certified copy of which is attached hereto as Exhibit "A" and is made a part of this
ordinance by reference, is hereby approved.
SECTION 3.
That after publication of a substantive statement relating to the contents of Resolution
No. 2008-06-122 of the Dallas-Fort Worth International Airport Board in a newspaper of general
circulation in each of the counties of Tarrant and Dallas, stating that a breach of any provision of
Resolution No. 2008-06-122 will subject the violator to a penalty, and stating that the full text of
Resolution No. 2008-06-122 and any attachments to it are on file in the principal office of the
Airport Board to be read by any interested party. Resolution No. 2008-06-122 shall thereafter
have the same force and effect within the boundaries of the Dallas-Fort Worth International
Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of
Fort Worth, and the penalty shall be enforced in the same manner in which penalties prescribed
by other ordinances of the City of Fort Worth are enforced.
SECTION 4.
That the sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section shall be declared
unconstitutional or invalid by the valid judgment or decree of any court of competent
jurisdiction, the unconstitutionality or invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been
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enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or
section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance or
Resolution No. 2008-06-122 shall be fined not more than Five Hundred Dollars ($500.00) or
more than Two Thousand Dollars ($2000.00) for each offense relating to fire safety, public
health and sanitation, or the dumping of refuse. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of any other ordinances affecting the Code of Rules and
Regulations of the Dallas-Fort Worth International Airport Board which have accrued at the time
of the effective date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and criminal, whether pending in court or not, under such ordinances, same
shall not be affected by this ordinance but may be prosecuted until fmal disposition by the courts.
SECTION 7.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two days in the official newspaper
of the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section
52.013.
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SECTION 8.
That this ordinance shall take effect immediately from and after its passage and
publication as required by law, in accordance with the provisions of the Charter of the City of
Fort Worth, and it is accordingly so ordained.
APPROVED AS T® FORM AND LEGALITY:
David Yett, City Attorney
By:
Assistant City Attorney~-/
Date: ~ ~ + ~ . Zd®?S
Adopted: September 16, 2008
Effective: ~- ~!'~~'~'- ~~;~~~L~
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Cif ®f F®rt V!/®t-~h, 7"exas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/16/2008 -Ord. No. 18292-09-2008
DATE: Tuesday, September 16, 2008
LOG NAME: 12DFWTAXIS REFERENCE NO.: G-16277
SUBJECT:
Adopt Ordinance Approving Dallas/Fort Worth International Airport Board Resolution 2008-06-122,
Amending Chapter 4 of the Code of Rules and Regulations of the Dallas/Fort Worth Airport Board
Concerning Taxicab and Taxicab Driver Permits
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance approving Dallas/Fort Worth
International Airport Board Resolution 2008-06-122, which amends Chapter 4 of the Code of Rules and
Regulations of the Dallas/Fort Worth Airport Board by amending the number of permits issued for taxicabs
and taxicab drivers.
DISCUSSION:
At its meeting on June 5, 2008, the Airport Board approved amendments to Chapter 4, Section 2, Operating
Authority, and Section 3, Driver Permit, of the Code of Rules and Regulations of the Dallas/Fort Worth
Airport Board. More specifically, the amendments set forth formulas for determining the number of taxicabs
and taxicab drivers to be permitted for public convenience and necessity. The maximum number of taxicabs
allowed will be one taxicab per 31,000 origination and destination passengers per calendar year. The
maximum number of taxicab driver permits allowed will also be one taxicab driver permit per 31,000
origination and destination passengers per calendar year. These formulas will allow DFW to manage the
continued growth and oversupply of taxicabs at the airport. DFW estimates that this action will support the
reduction of currently operating taxicabs from approximately 2,150 to 800.
Both state law and the 1968 Contract and Agreement between the cities of Fort Worth and Dallas require
that amendments to the Airport Board's resolutions must be approved by the Councils of both cities. Dallas
is scheduled to vote on this item at its September 10, 2008 meeting.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Tom Higgins (6192)
David Yett (7623)
Charlene Sanders (7611)
Logname: 12DFWTAXIS Page 1 of 1
DALLAS/FORT WORTH INTERNATIONAL AIRPORT
3200 EAST AIRFIELD DRIVE, P.O. BOX 619428
DFW AIRPORT, TEXAS 75261-9428
www.dfwairport.com
T 972 574 8888 F 972 574 0000
August 13, 2008
STATE OF TEXAS §
COUNTY OF DALLAS §
COUNTY OF TARRANT §
I, Donna J. Schnell, Board Secretary of the Dallas-Fort Worth International Airport
Board, do hereby certify that the attached is a true and correct copy of Resolution No.
2008-06-122 approved by the Dallas-Fort Worth International Airport Board of
Directors at its Board Meeting held on June 5, 2008.
WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH INTERNATIONAL
AIRPORT BOARD, this the 13th day of August, 2008.
Donna J. Schnell
Board~Secretary
DALLAS FORT WORTH INTERNATIONAL AfRPORT BOARD
OFFICIAL BOARD ACTION/RESOLUTION
Date Committee Subject , ..~~ •~Resofution,#
06/05/2008 Operations .Amendment to Code of Rules & Regulations of.the Dallas/Fort ; 2008-06-122. ~ .
Worth international Airport Board
Action
That the Airport Board approve amendments to Chapter 4 of the Code of Rules and.Regulations of the•
Dallas/Fort Worth Airport Board: . • ..-
Description ~ ~ . .
®l'his action will approve amendments to Chapter 4, Section 2-3 Application for Issuance, Renewal,
Amendment or Temporary Amendment of Operating Authority, Section 3-1 Driver Permit Required,
and Section 3-2 Qualification for Driver Permits which will be used to determine the. total. number of
taxicab and taxicab driver permits required for public convenience and necessity .
®'In determining the total number of taxicabs and taxicab driver permits required by public convenience
and necessity, the Administrator shall use the following formulas:
a Maximum number. of taxicabs allowed will be one (1) taxicab per every 31,000 originatiorrand
destiration passengers per calendar year at Dallas/Fart Worth International Airport.
®Maximum number of taxicab driver permits allowed will be one (1) taxicab driver permits.per~.
every 31,000 origination and destination passengers per calendar year at the Dallas/Fort
Worth International Airport
®In determining the number of taxicabs required by public convenience and necessity, the
Administrator shall also consider the quality of the taxicab as well as quality of service.
Justification '
® Supports the owner Cities request to limit taxicab fleet growth.
® Manages continued growth and oversupply of taxicabs at DFW.
o- These ratio based formulas will provide DFW with a methodology to control future taxicab
industry growth and is similar to regulatory limits imposed by the City of Dallas.
®This~action sta,pports the reduction of taxicabs from approximately 2150 current taxicabs~.to 800. . .
®As it relates.to the attrition of taxicabs,-the ta5kforce will also establish standards to. increase the
quality of the.taxicab~ and~qua(ity of service in reducing the number. of taxicabs.in accordance with the:
above-referenced formula: ~ ..
Per State {aw and the 1968 Contract and Agreement, these changes/corrections to amendments will
also need to~be~approved~by the Dallas and Fort•Worth~City Councils and will be effectivdupon such
approval being obtained.
D/M/WBE Infarmation
a NIA
Contract # Agreement # Purchase Order # Action Amount Revised Amount
$0 $0
For Information contact Fund Project # External Funding Source Amount
Allen Parra $0
4-3315
Resolution # 2008-06-122
Additional AtCachments: Y
BE [T RESOLVED BY THE DALLAS-FORT WORTH~[NTERNATIONAL AIRPORT BOARD
Section 1. That the attached amendments of the Code of Rules and Regulations of the Oallas/Fort Worth
International Airport Board be and are hereby approved. Section 2. That the Chief Executive Officer, or
Designee, be and is hereby directed. fio forward the attached amended Code of Rules and Regulations of the
Dallas/Fort Worth International Airpori Board to the Cities of Dallas and Fort Worth along with a request that
their respective City~Councilsfiake action to approve same. Section 3. That the Chief Executive Officer, or
Designee, be and is hereby authorized to take such further action as he deems necessary to see to the
passage and enforceability of the attached Code of Rules and Regulation of the Dallas/Fort Worth .
International Airport Board. This resolution shall take effect immediately upon its passage.
Ap~pro'v~ed as to Form by. ~ Approved as to Funding by Approved as to M/WBE.by
~.~ ~~~
.rte ~". ~-'"~~~~.,,-. `~-
Gary Keane Max Underwood Don O'Bannon
General Counsel Vice President Vice President-
Aug 12, 20081:26 pm Finance Small & Emerging Business
Aug 12, 2008 4:45 pm Aug 12, 2008 2:48 pm
SIGNATURE REQUIRED FOR APPROVAL
Approved by
~-, ,
r ~ ~ 1 .
>'~ ~
Department Head
Operations .. ~~ Aug 13, 2008 10:38 am
Aug 12, 2008 1:23 pm Chief Executive Offiicer Date
Detail Information Sheet for Amendments to Chapter 4
of the
Code of Rufes and Regulations of the Dallas/Fort Worth International Airport Board.
Section 2-3. Application for Issuance, Renewal, Amendment or Temporary Amendment of
Operating Authority
VI. The Administrator shall deny issuance, renewal, amendment or temporary
amendment of operating authority if:
' A. the public convenience and necessity do not require or are not otherwise served
' by'the proposed service;
1. in determining the total number of taxicabs required by public
convenience and necessity, the Administrator shall use the following
formula:
a) one (1) taxicab for every 31,000 origination and destination
. passengers per calendar year at Dallas/Fort Worth
International Airport
2. whenever the number of taxicabs authorized to operate at the Airport
exceeds the number of taxicabs determined under subsection (A) (1) (a),
the Administrator shall establish policies and procedures, in a fair and
uniform manner, for the reduction of authorized taxicabs. Each holder
shall reduce the number of taxicabs operated in accordance with such
polices and procedures as established by the Administrator; and
3. whenever the number of taxicabs authorized to operate at the Airport is
less than the number of taxicabs determined under subsection (A) (1) (a),
the Administrator shall authorize, in a fair and uniform manner, an
increase to the number of taxicabs operated by holders.
Section 3-1. Driver Permit Required
V. The Administrator shall establish any additional qualifications and/or criteria for
issuing a driver permit deemed necessary to assure that the public safety is
protected and that public convenience and necessity are met.
A. In determining the total number of taxicab driver permits required by public
convenience and necessity, the Administrator shall use the following formula:
1. one (1) taxicab driver permit for every 31,000 origination and
destination passengers per calendar year at Dallas/Fort Worth
International Airport
B. whenever the number of taxicab driver permits authorized to operate at the
Airport is less than the~number of•taxicab driver permits under subsection (A) (1),
the Administrator shall authorize, in a fair and uniform manner, an increase to the
number of taxicab driver permits.
Section 3-2. Qualification for Driver Permit
li. t ..
(Moved to Section 3-1, see above) •