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Ord 3698 7/22/1980 ORDINANCE NO. A O, ORDINANCE GRANTING A FRANCHISE TO UNITED CONTRACT SERVICES, INC. , FOR OPERATION OF VANPOOL PROGRAM BETWEEN HOMES AND WORK SITES IN THE CITY OF WICHITA FALLS . WHEREAS, United Contract Services, Inc. , has requested authority from the City of Wichita Falls to operate a vanpool program to provide commuters an inexpensive way of traveling from home to work and from work to home; and, WHEREAS, it appears to the Board of Aldermen that there is a need for such service, that such service would provide to workers an inexpensive form of transportation between home and work site, that such service would reduce consumption of fuel and would reduce traffic congestion and air pollution in the City; and, WHEREAS, it appears that such vanpool program would not have an adverse effect on our present public transportation systems, that is, the City' s mass transit operation and our local taxicabs . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. United Contract Services, Inc. , hereinafter called "UCS" , is hereby granted the authority, right and privilege to operate on the streets, alleys and public places of the City of Wichita Falls a vanpool system, subject to the conditions hereinafter set out. SECTION 2 . This franchise shall be for a term of four years, unless terminated earlier as hereinafter set out. SECTION 3. This franchise is non-exclusive. SECTION 4 . UCS shall furnish vans with capacities of approximately twelve to fifteen passengers, and shall provide a van for each vanpool. UCS will charge each vanpool passenger a fee. A current copy of the fee schedule will be reported to City. SECTION 5. The names of all members in each vanpool will be registered with UCS. All members of the vanpools, except the drivers, will be charged a fee. Fees will be computed based upon fixed costs and a variable cost associated with mileage. Fees shall be charged for a period no shorter than one month, and each member will be required to pay by the month or any longer period; no member shall be allowed to pay for a period of less than one month. A member of a vanpool may sublet his seat to someone else during vacation or prolonged illness . SECTION 6. The vanpool system shall be used only to transport workers from their homes to their work site and from their work site back to their homes. A vanpool will consist of approximately eight to fifteen workers who live in the same general area, and who all work at major work locations. The van will carry only registered members of the vanpool, and will carry them only from home to work, and back home from work; such van shall not transport the members to any other destination. SECTION 7. UCS will not be required to charge a fee to the driver of the van. UCS may allow the driver to make private use of the van during non-working hours, subject to a mileage limitation after which a mileage fee may be charged; during such private use, such driver is prohibited from carry- ing passengers in such van for a fee or any other form of remuneration. SECTION 8 . Each van used in the vanpool system shall be maintained in a safe and clean condition, and shall meet all state inspection standards. Each van will be equipped with seatbelts, fire extinguisher, first-aid kit, road flares, and road warning kit. Each van provided to a vanpool shall be identified as such by a sign or other means that it is provided by UCS. SECTION 9 . UCS shall furnish the City Clerk a current list of the vans in operation, the driver of each van, the backup driver and the work site or sites to which each van operates. -2- SECTION 10. UCS shall pay to City an annual fee of $100 for each van which is used in the vanpool system; this fee shall be payable to the City Clerk. If a van is used less than one year in the system, the fee will be prorated on the basis of three months; that is, the fee shall be $25 for each three month period of any portion thereof. SECTION 11. Each driver to whom a van is assigned must have a valid Texas chauffeur's license. When being used by the vanpool, the van shall be driven only by such driver; provided, however, in an emergency condition, during vacation, illness, etc. , when the assigned driver cannot drive the van, it may be driven by an assigned backup driver member of the vanpool who is also properly licensed. SECTION 12. UCS shall maintain in force an amount and character of insurance coverage for the vans used in the system that is not less than that specified by the Texas Railroad Commission for motor buses of comparable size. UCS shall furnish to the City Clerk proof of such insurance. SECTION 13. If the City Manager finds, after UCS is notified and given an opportunity for a hearing before the City Manager, that UCS has failed to comply with the provisions of this ordinance, or has committed other acts that indicate that further operation by UCS of a vanpool system is contrary to the public health, safety and general welfare, the City Manager is authorized to terminate this franchise. SECTION 14. If UCS desires to appeal from the action of the City Manager in terminating the franchise, it may within ten days from the date of receiving notice of the City Manager ' s action, file with the City Clerk a written appeal to the Board of Aldermen specifying the reasons for the appeal, and the Board of Aldermen shall grant a hearing to UCS. After considering the evidence presented at the hearing, the Board �3�. of Aldermen may affirm or reverse the action of the City Manager. PASSED AND APPROVED this the ,Ay�Lday of kct.,Z? , 1980 . M A Y R ATTEST: A ..,' •s-----' z--rie•ti i-' ::;1‘-it/.2-z.„.e...01------ City Clerk -4-