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HomeMy WebLinkAboutOrdinance 19487-12-2010 ORDINANCE NO. 19487-12-2010 AN ORDINANCE AUTHORIZING THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD TO ACT AS AGENT OF THE CITY OF FORT WORTH FOR THE LIMITED PURPOSES OF CREATING AND ISSUING A TEMPORARY NORTH TEXAS REGIONAL LIMOUSINE PERMIT/DECAL FOR SUPER BOWL XLV AND ESTABLISHING RULES, REGULATIONS, FEES, PROCEDURES, QUALIFICATIONS,AND STANDARDS FOR THE PERMIT/DECAL AND LIMOUSINE DRIVERS AND VEHICLES ISSUED THE PERMIT/DECAL; PROVIDING THAT LIMOUSINE DRIVERS AND VEHICLES ISSUED A VALID TEMPORARY NORTH TEXAS REGIONAL LIMOUSINE PERMIT/DECAL WILL BE ALLOWED TO PROVIDE LIMOUSINE SERVICE INSIDE THE CITY WITHOUT HAVING A LIMOUSINE DRIVER'S PERMIT OR VEHICLE DECAL ISSUED UNDER CHAPTER 34, "VEHICLES FOR HIRE," OF THE FORT WORTH CITY CODE; CREATING OFFENSES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING AN EXPIRATION DATE AND REPEALER. WHEREAS, Super Bowl XLV will be held in the North Texas region on February 6, 2011, and is expected to generate a high volume of tourism, economic activity, events, and traffic in the region during the weeks before and after that date; and WHEREAS, the Fort Worth City Council finds that these increases in tourism, economic activity, events, and traffic will create a high demand for limousine service in the region; and; and WHEREAS, the City Council has determined that limousine customer service will be enhanced by having standardized requirements, expedited permit processing, inspections by appointment, convenient payment processing for large carriers, coordinated processing of Super Bowl XLV parking permits, and a "one stop shop" for the limousine industry; and Page 1 of 6 WHEREAS, the City Council has determined that creating a Temporary North Texas Regional Limousine Permit/Decal (which would authorize limousine drivers and limousine vehicles to provide service throughout the region, including picking up passengers inside cities regardless of whether the drivers and vehicles have been issued permits by those cities) and having such a permit/decal issued at one location by the Dallas-Fort Worth International Airport Board (as the agent of the City of Fort Worth and other cities in the region) would further customer service, ensure an adequate supply of limousines, and provide a convenience to the limousine industry; and WHEREAS, the City Council finds that the implementation of a regional limousine permitting program for Super Bowl XLV will serve as a pilot program that may be used to ultimately advance a regional vehicle-for-hire permitting process. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS,AS FOLLOWS: SECTION 1. That the Dallas-Fort Worth International Airport Board is authorized to act as an agent of the City of Fort Worth for the limited purposes of creating and issuing a Temporary North Texas Regional Limousine Permit/Decal for Super Bowl XLV and establishing rules, regulations, fees, procedures, qualifications, and standards for the permit/decal and the limousine drivers and vehicles issued the permit/decal. The permit/decal will only be in effect from 12:01 a.m. on January 24, 2011 through 11:59 p.m. on February 11, 2011, although the permit/decal may be processed and issued earlier. SECTION 2. That from 12:01 a.m. on January 24, 2011 through 11:59 p.m. on February 11, 2011, all limousine drivers and vehicles holding a valid Temporary North Texas Regional Page 2 of 6 Limousine Permit/Decal issued by the Dallas-Fort Worth International Airport Board (as an agent of the City of Fort Worth and other cities in the North Texas region)will be allowed to provide limousine service(including picking up passengers inside the city) without having a valid limousine driver's permit or vehicle decal issued under Chapter 34, "Vehicles for Hire," of the Fort Worth City Code, provided that such drivers and vehicles are operating in compliance with all rules, regulations, procedures, qualifications, and standards established by the Dallas-Fort Worth International Airport Board (as an agent of the City of Fort Worth and other cities in the North Texas region) for the permit/decal and the limousine drivers and vehicles issued the permit/decal. SECTION 3. That a person commits an offense under this ordinance if he operates a vehicle engaged in limousine service in the City without a Temporary North Texas Regional Limousine Permit/Decal issued to the person as the driver. It is a defense to prosecution under this section that the person held a valid limousine driver's permit issued under Chapter 34, "Vehicles for Hire," of the Fort Worth City Code or is otherwise exempt under Section 34-201(b)of the Fort Worth City Code. SECTION 4. That a person commits an offense under this ordinance if he operates a vehicle engaged in limousine service in the City without a Temporary North Texas Regional Limousine Permit/Decal issued to the vehicle. It is a defense to prosecution under this section that the vehicle displayed a valid vehicle decal issued under Chapter 34, "Vehicles for Hire," of the Fort Worth City Code or is otherwise exempt under Section 34-201(b) of the Fort Worth City Code. Page 3 of 6 SECTION 5. That a limousine company/holder commits an offense under this ordinance if it employs, contracts with, or otherwise allows a person to operate for hire a limousine owned, controlled, or operated by the limousine company/holder unless a valid Temporary North Texas Regional Limousine Permit/Decal has been issued to the person as the driver and to the vehicle. It is a defense to prosecution under this section that the person (driver) held a valid limousine driver's permit, and the vehicle displayed a valid decal, issued under Chapter 34, "Vehicles for Hire," of the Fort Worth City Code or is otherwise exempt under Section 34-201(b)of the Fort Worth City Code. SECTION 6. That a limousine driver who has been issued a Temporary North Texas Regional Limousine Permit/Decal commits an offense if he violates any provision of the rules, regulations, procedures, qualifications, and standards established by the Dallas-Fort Worth International Airport Board (as an agent of the city of Dallas and other cities in the North Texas region) for such permit/decal holders. SECTION 7. A limousine company/holder that employs or contracts with a limousine driver issued a Temporary North Texas Regional Limousine Permit/Decal (or that controls or operates a limousine vehicle issued a Temporary North Texas Regional Limousine Permit/Decal) commits an offense if the limousine driver or vehicle is in violation of any provision of the rules, regulations, procedures, qualifications, and standards established by the Dallas-Fort Worth International Airport Board (as an agent of the city of Dallas and other cities in the North Texas region) for such permit/decal holders or for limousine companies/holders.. Page 4 of 6 SECTION 8. That for purposes of this ordinance, the definitions contained in Chapter 34, "Vehicle for Hire,"of the Fort Worth City Code are incorporated by reference. SECTION 9. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 10. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 11. 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 shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. Page 5 of 6 SECTION 12. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended herein, 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 final disposition by the courts. SECTION 13. 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 (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 14. This ordinance shall take effect upon adoption and publication as required by law. SECTION 15. This ordinance shall expire and be automatically repealed on February 12, 2011 without any further action on the part of the Fort Worth City Council. AP D T9,FORM AND LEGALITY: i Assistant Ny Atto e ADOPTED: 'December 14, 2010 EFFECTIVE:_ ► I,QU&IVA._/ "- 'A/ D Page 6 of 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION. Approved on 12/14/2010 - Or&No. 19487»12-2010 DATE: Tuesday, December 14, 2010 REFERENCE NO.: G-17154 LOG NAME: 12SB45 REGIONAL AND TEMPORARY LIMO PERMITS SUBJECT: Adopt an Ordinance Authorizing the Dallas-Fort Worth International Airport Board to Act as City's Agent for Limited Purposes of Creating and Issuing Temporary North Texas Regional Limousine Permit/Decal for Super Bowl XLV and Establishing Rules, Regulations, Fees, Procedures, Qualifications, and Standards for Drivers and Vehicles, Allowing Holders of Regional Permit to Operate within the City, Creating Offenses for Violations with a $500.00 Penalty, and Providing for Effective Date and Expiration and Repeal Date RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance (1) authorizing the Dallas-Fort Worth International Airport Board to act as the City's agent for the limited purposes of creating and issuing Temporary North Texas Regional Limousine Permit/Decal for Super Bowl XLV and establishing rules, regulations, fees, procedures, qualifications, and standards for drivers and vehicles;(2) allowing holders of the Regional Permit to operate within the City even if they do not have operating authority issued by the City; (3) creating offenses with a $500.00 penalty for operating without a proper Regional Permit; and (4) providing that the ordinance will be effective following adoption and publication and will expire and be automatically repealed on February 12, 2011. DISCUSSION: Through its representatives on the Regional Transportation Committee of the North Central Texas Council of Governments, the City has been working for some time toward developing a regional approach for permits that are issued to ground transportation service providers. The primary goal in developing regional standards and processes is to provide a region-wide consistency so that ground transportation providers are not subject to one set of standards in one jurisdiction and a different set of standards in another jurisdiction. Region-wide standards also benefit end-use customers by ensuring that the level of service is consistent across the area. The presence of Super Bowl XLV is expected to create a dramatic short-term increase in the need for additional vehicles for hire in the region and was seen as the perfect opportunity to run a pilot program for regional standards and permitting. The North Central Texas Council of Governments has been spearheading the project and has identified the Dallas-Fort Worth International Airport Board (DFW) as the entity best suited to serve as the central permitting location for the pilot program. Under the terms of the pilot program, which are embodied in the attached ordinance, DFW will act as the agent of the City of Fort Worth and issue Temporary North Texas Regional Limousine Permits, which will be valid from January 24, 2011, through February 11, 2011. As the City's agent, DFW will establish rules, regulations, procedures, qualifications, and standards (based on a combination of those that are currently in effect in the cities of Dallas and Fort Worth) that vehicles and drivers must comply with in order to be issued Regional Permits. Individuals and vehicles who have valid Regional Permits will be able to pick up and drop off customers inside the City of Fort Worth even if they do not have separate City-issued operating authority. Logname: 12SB45 REGIONAL AND TEMPORARY LIMO PERMITS Page 1 of 2 The City of Dallas considered a similar ordinance on December 8, 2010. The DFW Airport Board and some other area cities have also indicated that they will recognize the Regional Permit. The pilot project is intended to streamline the permitting process to address the high volume of temporary cars and drivers that are expected to be providing service in the period surrounding the Super Bowl. It is also intended to serve as a learning opportunity for the City and its regional partners to get a better sense of the issues and challenges that will need to be addressed in continuing forward on the path to implementing region-wide standards and permits on a more permanent basis. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: David Yett (7600) Additional Information Contact: Dennis McElroy (2758) Logname: 12SB45 REGIONAL AND TEMPORARY LIMO PERMITS Page 2 of 2