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.
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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
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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:
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City Clerk
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