Ord 24-2010 4/20/2010 ORDINANCE NO. 24-2010
Ordinance Amending Article II of Chapter 18 of the City Of Wichita
Falls Code Of Ordinances To Add Section 18-29, "Off-Airport Rental
Car Privilege Fee" to Implement an Off-Airport Privilege Fee of 9% of
gross revenue related to off-airport motor vehicle rental customers
arriving from Wichita Falls Municipal Airport or Kickapoo Downtown
Airport, and Providing A Penalty Of Up To $500 Upon Violation
WHEREAS, the City of Wichita Falls operates, maintains and develops Airports,
in part with federal grants, state grants, passenger facility charges and user fees;
WHEREAS, Off-Airport, non-tenant motor vehicle rental services at the Airports
are authorized at the Airports for the accommodation of passengers arriving and
departing from the Airports, and these non-tenant Providers rent motor vehicles to the
general public from a location or locations based off the Airports;
WHEREAS, Off-Airport non-tenant and On-Airport tenant rental car companies
constitute separate and distinct classes of business operations at the Airport, which
should be regulated as necessary to ensure efficient Airport operation for the protection
of the health, safety and welfare of the public;
WHEREAS, the opportunity to enter into On-Airport rental car concessions at the
Airport has been the subject of public bidding open to experienced rental car operators;
WHEREAS, as the recipient of Federal Aviation Administration grants, the City of
Wichita Falls is subject to policies which require it to establish a fee structure that will
make the Airports as self-sustaining as possible;
WHEREAS, the City of Wichita Falls desires to establish fees to be collected
from Off-Airport, non-tenant rental car companies picking up passengers to provide
motor vehicles for rent in order to offset the costs of operation of the Airports;
WHEREAS, in establishing and implementing the fee, the off-airport, non-tenant
Provider of rental car services using the Airports should contribute toward the
achievement of financial self-sufficiency at the Airports; and
WHEREAS, the fee described herein shall be considered a payment for the
limited right to utilize City facilities, but shall not constitute permission to permanently
occupy or modify any real property of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Article II of Chapter 18 of the City of Wichita Falls Code of Ordinances is
amended to add Section 18-29, "Off-Airport Rental Car Privilege Fee", which will read
Affidavit of Publication
THE STATE OF TEXAS #251247
- COUNTY OF WICHITA
ORDINANCE NO.
Ordinanc� endin9
Articie it of ChoPTer
18 of the Citr Of
w��n�ra Faus Code On this 26�" day of April 2010 A D...
Of Ordinances To
Add Section 18-Y9,
"Off-Airport Rental personally appeared before me, the undersigned authority
Car PrivHe9e Fee" to
Imvlement ' an off- Kathy Salan, Sales Assistant for the Times Publishing
Airvort Privileee Fee
of s% of gross reve Company of Wichita Falls, publishers of the Wichita Falls
nue'related to off-air-
porf ntotor vehlcle Times/Record News, a newspaper published at Wichita Falls in
rental customers ar-
riving from wr�n�ta Wichita County Texas and upon being duly sworn by me, on
Falls MuniciPal Air- > >
Porr o� KickaPOO oath states that the attached advertisement is a true and
Downtown Airport,
aid Of ssoo correct copy of advertising published in One (1) issues hereof
Upon ViolaTion on the following date:
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Apri125, 2010
Sales Assistant for Times Publis ing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
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as follows:
Sec. 18-29. Off-Airport Car Rental Privilege Fee
(a) All persons conducting or soliciting commercial activities at the Wichita
Falls Municipal Airport or Kickapoo Downtown Airport (a "City Airport") to
obtain or serve customers for motor vehicle rental services ("rental car
providers") shall pay the City an Off-Airport Privilege Fee of 9% of all
gross revenues related to said customers. Picking up motor vehicle rental
customers ("customers") at a City Airport, dropping off customers at a City
Airport or providing customers with their vehicles at a City Airport shall be
considered "conducting commercial activities" at a City Airport.
(b) All persons obtaining revenue from the rental of motor vehicles to
customers arriving via a City Airport shall pay the City the aforesaid Off-
Airport Privilege Fee of 9% of alt gross revenues related to said
customers. Revenue shall be considered obtained from customers that
arrived via a City Airport if said customers arrived within a 24-hour period
immediately preceding the rental, even though the customer arrived at the
rental car provider's location on their own or the motor vehicle is dropped
off by the customer elsewhere. Revenue payable pursuant to this
subsection (b) is not additive to revenue payable pursuant to subsection
(a).
(c) For purposes of this section, the term "gross revenues" is defined as all
fees and charges to customers for the rental of motor vehicles and all
other activities and services performed in connection with its rental car
business for passengers at Wichita Falls Municipal Airport or Kickapoo
Downtown Airport including business conducted at the Fixed Base
Operator (FBO) or within a 5-mile radius of the Airport (including but not
limited to reservations made through travel agencies and reservations
made by telephone, on-line reservations, facsimile, telegraph and other
means of communications, and including but not limited to all base, time,
and mileage fees and charges from customers picked up at a City Airport,
plus all premiums and other fees and charges (regardless of how they
may be denominated) for personal accident insurance coverage, personal
effects insurance coverage, personal effects protection insurance
coverage, liability insurance supplement, additional liability insurance
coverage, and all other types and kinds of insurance coverages and
policies [regardless of how they are denominated, regardless of the
parties covered, and regardless of the risks insured against], plus all sums
for insurance waivers, collision damage waivers, and loss damage
waivers, whether cash or credit, and whether collected or uncollected,
plus all sums or other fees and charges the rental car provider receives,
or is entitled to receive, for refueling motor vehicles rented to customers,
plus all sums or other fees and charges the rental car provider receives,
or is entitled to receive, for the rental of any optional equipment such as
cell phones, GPS devices, luggage or ski racks and infant seats plus all
sums or other fees and charges the rental car provider receives, or is
entitled to receive, for additional drivers). Provided, however, that gross
revenues shall not include (a) federal, state or municipal sales tax
separately stated and collected from customers by the rental car provider,
whether now or hereinafter levied or imposed separately stated on the
rental agreement and collected from customers of the rental car provider;
or (b) any sums collected as Customer Facility Charges (CFC).
(d) Gross Revenues shall be deemed received at the time the Lease or
service transaction occurs, giving rise to the rental car provider's right to
collect said monies, regardless of whether said transaction was conducted
in person, by telephone or by mail, whether the transaction was for cash
or credit, and if for credit, regardless of whether the rental car provider
ultimately collects the monies owed for said transaction from the customer
involved. Gross Revenues are amounts which the rental car provider
receives or is entitled to receive, either initially or by amendment,
whichever is greater.
(e) On or before the 20th day of each month, the rental car provider shall
provide to the City's Airport Administrator:
(1) an accurate statement of the amount of gross revenue related
to rental car customers received from commercial activities of the
rental car provider at a City Airport, including rental car customers
who were picked up or dropped off at a City Airport or whose
vehicles were provided at a City Airport, and
(2) an accurate statement of the amount of gross revenue obtained
from customers who arrived at a City Airport other than the
customers listed in (1) above, and
(3) the 9% fee based on (1) and (2) above.
(fl If the aforementioned 9% fee is not paid within the calendar month of the
due date, then:
(1) then the City's Airport Administrator may prohibit
representatives of the delinquent rental car provider from entering a
City Airport to the extent permitted by law, and
(2) the rental car provider shall pay a late charge equal to 1.5% per
month of the unpaid balance, accruing from the due date until paid.
(g) This ordinance shall not apply to revenue generated from the rental of
vehicles by on-airport rental car providers who have obtained a
concession from the City and paid a fee pursuant to said concession in an
amount exceeding the 9% fee described herein.
(h) The City Manager is authorized to establish and implement procedures
necessary for the collection of the fees provided by this section and
execute all documents necessary for said collection.
2. Violations of this ordinance shall be punishable by a penalty of up to $500 and
as provided by Section 1-14 of the Wichita Falls Code of Ordinances."
PASSED AND APPROVED this the 20 day of April, 2010.
MAYO R
ATTEST:
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Clerk