HomeMy WebLinkAboutOrdinance 16178ORDINANCE NO
AN ORDINANCE ADOPTED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH TEXAS PURSUANT TO
V T C.A. TRANSPORTATION CODE CHAPTER 22
SUBCHAPTER D APPROVING RESOLUTION NO 2004-
02 28 OF THE DALLAS-FORT WORTH INTERNATIONAL
AIRPORT BOARD WHICH AMENDS CHAPTER 4 OF THE
DALLAS-FORT WORTH INTERNATIONAL AIRPORT
BOARD CODE OF RULES AND REGULATIONS
PROVIDING FOR A FINE NOT TO EXCEED TWO
THOUSAND ($2 000 00) DOLLARS 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, as amended, between the City
of Fort Worth, and the City of Dallas, Texas, 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, and
WHEREAS V T C A. Transportation Code, Chapter 22, Subchapter D and Section 8.F
of the Contract and Agreement, as amended, provides 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 publication as therein provided, and
WHEREAS pursuant to the foregoing, the Dallas-Fort Worth International Airport Board
on February 12, 2004 passed, approved, and ordered Resolution No 2004-02 28, which amends
Chapter 4 of the Dallas-Fort Worth International Airport Board Code of Rules and Regulations,
and
WHEREAS the Airport Board has requested that the Councils of the Cities of Fort
Worth and Dallas approve its said Resolution No 2004-2 28 m order that it may become
effective as aforesaid,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH TEXAS
SECTION 1
That all of the declarations and findings contained m 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.
SECTION 2
That Resolution No 2004-2 28 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 2004-2 28 of the Dallas-Fort Worth International Airport Board in a newspaper of general
circulation m each of the counties of Tarrant and Dallas, stating that a breach of any provision of
Resolution No 2004-2 28 will subject the violator to a penalty and stating that the full text of
Resolution No 2004-2 28 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 2004-2 28 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 m 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 and
Resolution No 2004-2 28 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 ~unsdiction, the unconstitutionalrty or mvahdity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, and sections of this ordinance or Resolution No 2004-2
28 since the same would have been 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 2004-2 28 shall be fined not more than Two Thousand Dollars ($2000 00) for
each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6
All nghts 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 cnmmal, whether pending m court or not, under such ordinances, same
shall not be affected by this ordinance but maybe prosecuted until final disposition by the courts.
SECTION 7
That the Crty 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 m the official newspaper
of the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section
52.013
SECTION 8
That this ordinance shall take effect immediately from and after its passage and
publication as required by law m accordance with the provisions of the Charter of the City of
Fort Worth, and it is accordingly so ordained.
APPROVED AS TO FORM AND LEGALITY
Date
Adopted. Q~l , ~ ~ ,
Effechve• /~`~ ~ ~ 1 ,
S/FORT WORTH PORT
FW AS
dfwairport.com
February 13 2004
STATE OF TEXAS §
COUNTY OF DALLAS §
COUNTY OF TARRANT §
I Norma Couture 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 2004-02 28 approved by the Dallas-Fort Worth International
Airport Board of Directors at its Board Meeting held on February 12 2004
WITNESS ~ MY~ sHAND AND SEAL OF THE DALLAS-FORT WORTH
INTERNATIONAL= AIRPORT BOARD this the 13th day of February 2004
~-
N ma Couture
Board Secretary
~xti~~ ~- ~~~„
®ALLAS F®RT 1n/®RTH @IVTER@VAT@®fi@AL AIRP®RT E®AR®
®FF@CIe4L ~®d4R® ~-CT@®(VBRES®LUT@®@V
Date Subject: Amendments of the Code of Rules and Resolution No
02 12-04 Regulations of the Dallas/Fort Worth International 2004 02 28
Air ort Board
Recommended Action. That the Airport Board approve amendments to the Code of Rules and Regulations
of the Dallas/Fort Worth International Air ort Board
Description
This action will approve amendments to Chapter 4 Sections 1-4 Definitions, 3-2 Qualifications for Driver
Permit, 3-4 Expiration/Voidance of Driver Permit, and 4-3 Driver as an Employee or Independent
Contractor to allow a holder of shared-ride operating authority to contract with a driver on an
independent basis.
Justification
The shared-ride industry has changed its business mode( at many airports across the country to improve
service to the traveling public. Airport staff agrees that the new business model can improve customer
service and therefore recommends amending Chapter 4 of the Code of Rules and Regulations of the
Dallas/Fort Worth International Airport Board to allow shared-ride drivers to be either employees or
independent contractors of the holder
This action meets the Board s Strategic Imperative of exceeding customer expectations
Additional Information:
Per State law 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 become effective upon
such approval being obtained
Detail Information Sheet(s) attached
Committee Contract No(s)• Action Amount:
Operations
For information contact: Purchase Order IVo(s):
Allen Parra 4-3115 Revised Amount:
Agreement IVo(s)•
p~F~~p p p~p~p~p ~~ . 2004-02-28
EE IT RESOLVED 13Y THE DALLAS-FORT WORTH IIVTERIVATIOh11AL AIRPORT 130ARD:
Section 1. That the attached amendments to the Code of Rules and Regulations of the Dallas/Fort Worth
International Airport Board be and are hereby approved.
Section 2. That the Chief Executive Officer, or Designee, be and is hereby directed to forward the
attached amended Code of Rules and Regulations of the Dallas/Fort Worth international Airport Board
to the Cities of Dallas and Fort Worth along with a request that their respective City Councils take 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 amended Code
of Rules and Regulations of the Dallas/Fort Worth International Airport Board:
This Resolution shall take effect immediately upon its passage.
Approved as to Form: Approved as to Funding: Approved as t® I~I/WEE:
C9enera Counsel Viee President Vice President.
Finance
Z .~l.yy
SI~'sIVATURES REQUIRED FOR APPROVAL:
~.
Department Vice President
3 ~y
Date Signed
Spvaai6 and Emerging Business
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Date Sictned
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i~f ~xec.~itive Offi~er .
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Detail Information Sheet for Amendments to Sections 1-4 Definitions, 3-2 Qualifications for
Driver Permit, 3-4 ExpirationNoidance,of Driver Permit, and 4-3 Driver as an Employee or
Independent Contractor of Chapter 4 of the Code of Rules and Regulations of the Dallas/Fort
Worth International Airport Board
Section 1-4 Definitions
XV. Employee means any person, sole proprietorship, partnership, corporation,
association, stockholder, joint venture, or independent contractor in the service
of another, under any contract of hire whether express or implied, oral or
written.
XIX. Independent Contractor means ashared-ride or taxicab driver who has
contracted with a holder.
XXXVIII. Shared-Ride Service means the business of offering transportation for hire by a
van-type service on an on-demand orpre-arranged basis in which the entire
service area is covered; a minimum fleet size of twenty-five van-type vehicles
are maintained; all drivers are dressed in a uniform or item of apparel that
clearly distinguishes them as an.employee~ independent contractor or
` representative of the service for which they drive from all other services
authorized by this chapter;'a twenty-four hour, seven day per week
dispatching/reservation system is maintained; atwo-way communication system
is maintained at all times; and a recording device with multi-channel recording
and dual recordina capabilities for backup purposes is maintained.
Section 3-2 Qualifications for Driver Permit
VI. To qualify for a driver permit, an applicant shall:,
N. ire employed by a limousine ~- -`---~~' -~-'- service or as an
independent contractor or employee with ashared-ride or taxicab
service, which is the holder of operating authority for the regulated
vehicle for which the driver is operating; and
Section 3-4 ExpirationNoidance of Driver Permit
II. Ifa driver's employment with the limousine service, or contract or
employment with the shared-ride or taxicab service, is terminated or canceled,
or if the driver's license is suspended or revoked by the State, or if the driver
fails to maintain or meet any of the qualifications stated in section 3-2, the
driver permit automatically becomes invalid.
Section 4-3 Driver as an Employee or Independent Contractor
All drivers of a limousine e~s~-aged-~i~service shall be bona fide employees of
the holder. A holder of shared-ride or taxicab operating authority may contract
with a driver on an independent basis.
City of Fort Worth, Texas
Mayor and Council Communication
~~~* n
COUNCIL ACTION Approved As Amended on 10/19/2004 Ordinance No 16178
DATE Tuesday October 19 2004
LOG NAME 12SHARED-RIDE REFERENCE NO *G-14547
SUBJECT
Adoption of an Ordinance Approving Dallas-Fort Worth International Airport Board Resolution 2004-
02 28 Approving Amendments to Chapter 4 the Code of Rules and Regulations of Dallas-Fort Worth
International Airport Board to Allow Shared-Ride Drivers to be Independent Contractors of the
Service
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance approving Dallas-Fort Worth
International Airport Board Resolution 2004-02 28 which amends Chapter 4 of the Code of Rules and
Regulations of the Dallas-Fort Worth International Airport Board to allow shared-ride drivers to be
independent contractors of the Service in addition to the previous provision of Chapter 4 which also allows
the drivers to be employees of the Service
DISCUSSION
At its meeting on February 12, 2004 the Airport Board approved amendments to Chapter 4 of the Airport
Board's Code of Rules and Regulations. Both state law and the 1968 Contract and Agreement between the
cities of Fort Worth and Dallas require that amendments to the Airport Board Code of Rules and
Regulations must be approved by the City Councils of both cities The Dallas City Council approved these
amendments on August 25 2004
The Definitions in Section 1-4 of Chapter 4 of the Airport Board's Code of Rules and Regulations state that
'Shared-Ride Service means .the business of offering transportation for hire by a van-type service on an
on-demand or pre-arranged basis in which the following are some but not all of the requirements the
entire service area is covered a minimum fleet size of twenty-five van-type vehicles is maintained all
drivers are dressed in a uniform and atwenty-four hour seven day per week dispatching/reservation
system is maintained
The shared-ride industry has changed its business model at many airports across the country to improve
service to the traveling public. Dallas-Fort Worth International Airport staff agreed that the new business
model could improve customer service and therefore recommended amending Chapter 4 of the Code of
Rules and Regulations of the Dallas-Fort Worth International Airport Board to allow shared-ride drivers to be
independent contractors as well as employees of the Service
FISCAL INFORMATION/CERTIFICATION
Logname 12SHARED-RIDE Page 1 of 2
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers
FROM Fund/AccountlCenters ~
Submitted for City Manager's Office by:
Originating Department Head.
Additional Information Contact:
Marc Ott (6183)
David Yett (7623)
Marcia E. Wise (7607)
Logname 12SHARED-RIDE
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