HomeMy WebLinkAbout11/23/2015 - Workshop Agenda Packet - City CouncilCity Council Workshop
College Station, TX
Meeting Agenda - Final
City Hall
1101 Texas Ave
College Station, TX 77840
City Hall Council Chambers3:00 PMMonday, November 23, 2015
1. Call meeting to order.
2. Executive Session will be held in the Administrative Conference Room.
Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may
seek advice from its attorney regarding a pending or contemplated litigation subject or settlement
offer or attorney-client privileged information. Litigation is an ongoing process and questions may
arise as to a litigation tactic or settlement offer, which needs to be discussed with the City
Council. Upon occasion the City Council may need information from its attorney as to the status
of a pending or contemplated litigation subject or settlement offer or attorney-client privileged
information. After executive session discussion, any final action or vote taken will be in public.
The following subject(s) may be discussed:
Litigation
a.Bobby Trant v. BVSWMA, Inc., Cause No. 33014, In the District Court, Grimes
County, Texas, 12th Judicial District
b. Juliao v. City of College Station, Cause No. 14-002168-CV-272, In the 272nd District
Court of Brazos County, Texas
c. City of College Station, Texas, v. Embrace Brazos Valley, Inc., Cause No.
15-000804-CV-85, In the 85th Judicial District Court, Brazos County, Texas
Legal Advice
a.Legal advice regarding acquisition of property located generally northwest of the
intersection of Rock Prairie Road and State Highway 6.
Personnel {Gov’t Code Section 551.074}; possible action - The City Council may deliberate the
appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public
officer. After executive session discussion, any final action or vote taken will be in public. The
following public officer(s) may be discussed:
a. City Attorney
b. City Secretary
c. Council Self Evaluation
d. City Manager
Page 1 College Station, TX Printed on 11/19/2015
November 23, 2015City Council Workshop Meeting Agenda - Final
Competitive Matters {Gov't Code Section 551.086); possible action: The City Council may
deliberate, vote, or take final action on a competitive matter as that term is defined in Gov't Code
Section 552.133 in closed session. The following is a general representation of the subject
matter to be considered:
a. Power Supply
Economic Incentive Negotiations {Gov’t Code Section 551.087}; possible action The City Council
may deliberate on commercial or financial information that the City Council has received from a
business prospect that the City Council seeks to have locate, stay or expand in or near the city
which the City Council in conducting economic development negotiations may deliberate on an
offer of financial or other incentives for a business prospect. After executive session discussion,
any final action or vote taken will be in public. The following subject(s) maybe discussed:
a. Economic incentives for a proposed development located generally near the
intersection of Harvey Mitchell Parkway South and Dartmouth Street in College Station
3. Take action, if any, on Executive Session.
Presentation, possible action, and discussion on the election of
Mayor Pro Tempore.
15-06914.
Sponsors:Mashburn
5. Presentation, possible action and discussion on items listed on the consent agenda.
Presentation, possible action, and discussion pertaining to an
overview of the Computer Aided Dispatch and Records
Management Project
15-06596.
Sponsors:McCollum
Presentation, possible action, and discussion relating to an
ordinance to regulate Transportation Network Companies in
College Station.
15-06177.
Sponsors:Nettles
CH 4 Bus Reg Sec 23 TNC 11-12-15 Final.pdfAttachments:
8. Council Calendar - Council may discuss upcoming events.
9.Presentation, possible action, and discussion on future agenda items and review of
standing list of Council generated agenda items: A Council Member may inquire about
a subject for which notice has not been given. A statement of specific factual
information or the recitation of existing policy may be given. Any deliberation shall be
limited to a proposal to place the subject on an agenda for a subsequent meeting.
10.Discussion, review and possible action regarding the following meetings: Animal
Shelter Board, Annexation Task Force, Arts Council of Brazos Valley, Arts Council
Page 2 College Station, TX Printed on 11/19/2015
November 23, 2015City Council Workshop Meeting Agenda - Final
Sub-committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory
Board, Bio-Corridor Board of Adjustments, Blinn College Brazos Valley Advisory
Committee, Brazos County Health Dept., Brazos Valley Council of Governments,
Bryan/College Station Chamber of Commerce, Budget and Finance Committee,
BVSWMA, BVWACS, Compensation and Benefits Committee, Convention & Visitors
Bureau, Design Review Board, Economic Development Committee, Gigabit Broadband
Initiative, Historic Preservation Committee, Interfaith Dialogue Association,
Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark
Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation
Board, Planning and Zoning Commission, Research Valley Partnership, Research
Valley Technology Council, Regional Transportation Committee for Council of
Governments, Sister Cities Association, Transportation and Mobility Committee, TAMU
Student Senate, Texas Municipal League, Twin City Endowment, YMCA, Youth
Advisory Council, Zoning Board of Adjustments, (Notice of Agendas posted on City
Hall bulletin board).
11. Adjourn
The City Council may adjourn into Executive Session to consider any item listed on this
agenda if a matter is raised that is appropriate for Executive Session discussion. An
announcement will be made of the basis for the Executive Session discussion.
APPROVED
_____________________
City Manager
I certify that the above Notice of Meeting was posted at College Station City Hall,
1101 Texas Avenue, College Station, Texas, on November 19, 2015 at 5:00 p.m.
_____________________
City Secretary
This building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must be made 48
hours before the meeting. To make arrangements call (979) 764 3541 or (TDD) 1 800 735 2989. Agendas may be viewed on
www.cstx.gov. Council meetings are broadcast live on Cable Access Channel 19.
Page 3 College Station, TX Printed on 11/19/2015
City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0691 Name:Mayor Pro Tem
Status:Type:Appointment Agenda Ready
File created:In control:11/13/2015 City Council Workshop
On agenda:Final action:11/23/2015
Title:Presentation, possible action, and discussion on the election of Mayor Pro Tempore.
Sponsors:Sherry Mashburn
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation, possible action, and discussion on the election of Mayor Pro Tempore.
Relationship to Strategic Goals:
·Good Governance
Recommendation(s): None
Summary: At the first meeting of each new City Council, one of the council members shall be elected
Mayor Pro Tem and shall hold the office for one year. It is the responsibility of the Mayor Pro Tem to
act as Mayor during the disability or absence of the Mayor. In this capacity, the Mayor Pro Tem has
the rights conferred upon the Mayor.
Budget & Financial Summary: None
Attachments: None
College Station, TX Printed on 11/19/2015Page 1 of 1
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0659 Name:CAD-RMS Project Overview
Status:Type:Minutes Agenda Ready
File created:In control:11/5/2015 City Council Workshop
On agenda:Final action:11/23/2015
Title:Presentation, possible action, and discussion pertaining to an overview of the Computer Aided
Dispatch and Records Management Project
Sponsors:Scott McCollum
Indexes:
Code sections:
Attachments:
Action ByDate Action ResultVer.
Presentation, possible action, and discussion pertaining to an overview of the Computer Aided
Dispatch and Records Management Project
Relationship to Strategic Goals: (Select all that apply)
·Core Services and Infrastructure
·Financially Sustainable City
Recommendation(s): Presentation Only
Summary: The project to replace the current CAD/RMS system used by Police and Fire for Dispatch
Operations began over two years ago and has involved a very lengthy but deliberate process to
identify organizational needs and potential vendors who could provide an enterprise solution. Once a
vendor was selected, our team worked through extensive contractual negotiations. While the
proposed contract for this item is under separate cover, this presentation will be an overview of our
current system’s limitations, our organizational needs and selection process and a high level
overview of the selected vendor and their system’s capabilities.
Budget & Financial Summary: Funding for this project is included in the Capital Improvement Plan
Budget, CAD/RMS System Replacement Project, CO 1301. Annual maintenance, starting with Year
Two will be budgeted and funded in the IT Department Operational Budget.
Attachments: None
College Station, TX Printed on 11/19/2015Page 1 of 1
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City Hall
1101 Texas Ave
College Station, TX 77840
College Station, TX
Legislation Details (With Text)
File #: Version:115-0617 Name:Transportation Network Companies
Status:Type:Presentation Agenda Ready
File created:In control:10/13/2015 City Council Workshop
On agenda:Final action:11/23/2015
Title:Presentation, possible action, and discussion relating to an ordinance to regulate Transportation
Network Companies in College Station.
Sponsors:Aubrey Nettles
Indexes:Ordinance
Code sections:
Attachments:CH 4 Bus Reg Sec 23 TNC 11-12-15 Final.pdf
Action ByDate Action ResultVer.
Presentation, possible action, and discussion relating to an ordinance to regulate Transportation
Network Companies in College Station.
Relationship to Strategic Goals:
Good Governance
Recommendation(s): The City manager’s Office requests that Council gives feedback on proposed
ordinance
Background & Summary: Transportation Network Companies have been operating in College Station
for several months and their presence is the community is growing. Because of this, staff believes
that we should add regulations to Transportation Network Companies to the Code of Ordinances of
the City of College Station. Tonight we will examine several key components of the draft ordinance in
an effort to solicit feedback from City Council.
Budget & Financial Summary: N/A
Attachments: N/A
College Station, TX Printed on 11/19/2015Page 1 of 1
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ORDINANCE NO. ____________
AN ORDINANCE AMENDING CHAPTER 4, “BUSINESS REGULATIONS” BY
ADDING SECTION 23 “TRANSPORTATION NETWORK COMPANIES” TO THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, SET OUT
BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 4, “Business Regulations” Section 22 “Transportation Network
Companies”, be added to the Code of Ordinances of the City of College Station,
Texas, as set out in Exhibit “A”, attached hereto and made a part of this ordinance
for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way affect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
punishable by a fine of not less than Twenty-Five Dollars ($25.00) or more than
Five Hundred Dollars ($500.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the
City Council, as provided by Section 35 of the Charter of the City of College
Station.
PASSED, ADOPTED and APPROVED this _______ day of _____________________, 2015.
APPROVED:
________________________________
Mayor
ATTEST:
_______________________________
City Secretary
APPROVED:
_______________________________
City Attorney
Ordinance No.____________ Page 2 of 12
EXHIBIT “A”
That Chapter 4, “Business Regulations” Section 23 “Transportation Network Companies”,
be added to the Code of Ordinances of the City of College Station, Texas and is to read as follows:
Sec. 4-23. Transportation Network Companies.
A. Definitions. For the purpose of this section, the following definitions shall apply, unless the
context clearly indicates or requires a different meaning:
(1) Abnormal Market Disruptions mean any change in the ground transportation market,
whether actual or imminently threatened, resulting from Acts of God, failure or shortage
of electric power or other source of energy, strike, civil disorder, war, military action,
national or local emergency, or other cause of an abnormal disruption of the transportation
market resulting in a disaster or state of emergency declaration.
(2) Digital Network means any online-enabled application, software, website, or system
offered or used by a transportation network company that enables a prearranged ride with
a transportation network company driver.
(3) Operation of a Transportation Network Vehicle means offering, making available, or
using a Transportation Network Vehicle to provide Transportation Network Service,
including any time when a driver is logged onto the transportation network company's
internet-enabled application or Digital Network showing that the driver is available to
pick up riders; when a rider is on a trip in a Transportation Network Vehicle; or when the
driver has accepted a request for transportation received through the TNC’s Digital
Network or software application and is in route to provide Transportation Network
Service to a rider.
(4) Overcrowding means the driver or operator transports more people in the vehicle than
recommended by the vehicle manufacturer or transports more people in the vehicle than
the number of seatbelts.
(5) Personal Vehicle means a vehicle that is used by a transportation network company driver
and is:
(a) Owned, leased, or otherwise authorized for use by the TNC Driver; and
(b) Not a taxicab, limousine, or similar for-hire vehicle.
(6) Prearranged Ride means transportation provided by a transportation network company
driver to a transportation network company rider, beginning at the time a driver accepts a
ride requested by a rider through a digital network controlled by a transportation network
company and ending at the time the last requesting rider departs from the driver's personal
vehicle. The term does not include:
Ordinance No.____________ Page 3 of 12
(a) A shared expense carpool or vanpool arrangement or service; or
(b) Transportation provided using a taxicab, limousine, or similar for-hire
vehicle.
(7) Transportation Network Company or TNC means any person, corporation,
partnership, sole proprietorship, or other entity operating in this state using a digital
network to connect a transportation network company rider to a transportation network
company driver for a prearranged ride. A Transportation Network Company shall not be
deemed to control, direct or manage the personal vehicles or transportation network
company connecting to its digital network, except where agreed to by written contract.
The term does not include an entity arranging nonemergency medical transportation
under a contract with the state or a managed care organization for individuals qualifying
for Medicaid or Medicare.
(8) TNC Driver or TNC Operator means a person
(a) Receives connections to potential transportation network company riders
and related services from a transportation network company in exchange for
payment of a fee to the company; and
(b) Uses a personal vehicle to offer or provide a prearranged ride to a
transportation network company rider on connection with the rider through
a digital network controlled by the company in exchange for compensation
or payment of a fee.
(9) TNC Permit Holder means the holder of a valid permit issued by the City.
(10) Transportation Network Company Permit or permit means a valid permit issued by
the City to any firm, business, corporation, or other entity related to Transportation
Network Service.
(11) TNC Rider means an individual who uses a transportation network company's digital
network to connect with a transportation network company driver who provides a
prearranged ride to the individual in the driver's personal vehicle between points chosen
by the individual.
(12) Transportation Network Service or service means transportation of a passenger
between points chosen by the passenger and prearranged with a TNC Driver through the
use of a TNC digital network or software application. TNC Service shall begin when a
TNC Driver accepts a request for transportation received through the TNC’s Digital
Network or software application, continue while the TNC Driver transports the passenger
in the TNC Driver’s vehicle, and end when the passenger exits the TNC Driver’s vehicle.
TNC Service is not taxicab or street hail service.
Ordinance No.____________ Page 4 of 12
(13) Transportation Network Vehicle or vehicle means any passenger motor vehicle used
to provide Transportation Network Services.
B. Exclusion. Specifically excluded from this definition are owners, operators and vehicles
solely operating regulated under Chapter 4, Business Regulations Section 4, Taxicabs, as amended.
C. Consequences of Criminal Convictions and Conduct of Drivers.
(1) Criminal Convictions. The City C ouncil, in accordance with Chapter 53 of the Texas
Occupations Code, has considered the following criteria in regards to criminal
convictions of Transportation Network owners, drivers and operators regulated under this
ordinance.
(a) The nature and seriousness of the crimes.
(b) The relationship of the crimes to the purposes for requiring a Certificate of
Registration or Permit to engage in a Transportation Network Service.
(c) The extent to which a Permit might offer an opportunity to engage in further criminal
activity of the same type as that in which the person previously has been involved.
(d) The relationship of the crimes to the ability, capacity, or fitness required to perform
the duties and discharge the responsibilities of a Transportation Network Service;
and has determined that the crimes listed in this ordinance are serious crimes that are
directly related to the duties and responsibilities of Transportation Network
Company owners, drivers or operators whose job is to safely transport passengers for
hire.
(2) Conduct of Drivers. Drivers at all times shall:
(a) Act in a reasonable, prudent and courteous manner.
(b) Not inhale, inject or consume any alcoholic beverage, drug, or other substance
adversely affecting his or her ability to operate a motor vehicle.
D. Transportation Network Company Permit.
(1) TNC Permit—Required. It shall be unlawful for any person, individual, firm, business
or corporation or any other entity to drive or operate or cause to be driven or operated any
Transportation Network Company Service or vehicle upon or over any street in the City,
unless a permit issued by the City has been obtained and as provided in this ordinance;
provided however, that a TNC vehicle operated by a driver which is permitted, licensed,
or authorized by or in another jurisdiction, may operate in the City for the limited purpose
of discharging a passenger whose trip originated outside of the City.
Ordinance No.____________ Page 5 of 12
(2) TNC Permit—Application.
(a) Application Requirements. Application for TNC Permit within the City shall be
filed with the City of College Station Police Department on a form provided by the
City. The applicant must provide the following information for new and renewal
permits:
(i) TNC name, TNC owner’s name and TNC permit applicant’s name, if
different.
(ii) TNC physical address, mailing and URL addresses, TNC applicant and
owner telephone numbers and email addresses.
(iii) A sworn statement affirming the TNC has conducted background checks,
according to this ordinance. TNC shall not allow a TNC driver to provide
TNC Services if found that a TNC driver has been convicted of any federal
or state felony as amended or federal or state other offenses as amended
involving moral turpitude within the seven (7) years prior to becoming a
TNC driver, or other criminal offenses including but not limited to
(1) Prostitution or related offenses.
(2) Driving while intoxicated or under the influence of any drug.
(3) Violations of the Controlled Substance Act.
(4) Rape, murder, attempted murder or aggravated assault.
(5) Theft over five hundred dollars ($500.00).
(6) A felony or other offense involving moral turpitude which may
adversely affect the TNC Driver’s ability to provide safe and reliable
passenger transportation.
(7) Or any other criminal offense that may adversely affects the TNC
Driver's ability to provide safe and reliable passenger transportation.
(iv) Proof of current valid insurance coverage required by Texas law.
(v) A general description of the mobile or electronic means and methodology
used to charge passengers for TNC services.
(b) Sworn Statement. The application shall include a sworn statement by the applicant
stating all information provided in the application is true and stating the TNC will
conduct a criminal background checks on TNC Drivers or Operators before allowing
the TNC Driver or Operator to accept trip requests through the TNC’s Digital
Ordinance No.____________ Page 6 of 12
Network, and perform another criminal background checks a least annually
thereafter.
(c) TNC Permit Fee. For administration of permitting each application and each
application renewal must be submitted with a non-refundable Permit fee based on
the number of authorized drivers on the TNC digital network operating in the City at
the time of application or renewal as shown below:
(i) $300.00 for ten (10) or fewer drivers.
(ii) $600.00 for eleven (11) to forty (40) drivers.
(iii) $900.00 for forty-one (41) to seventy (70) drivers.
(iv) $1,200.00 for seventy-one (71) or more drivers.
E. TNC Driver Requirements.
(1) Before a TNC permits or allows a person to operate as TNC driver on its digital network,
the TNC shall:
(a) Require the person to submit an application to the TNC including information
regarding his address, age, driver's license, driving history, motor vehicle
registration, automobile liability insurance, and other information required by the
TNC.
(2) Conduct, or have a reliable third party conduct, a local, state and national criminal
background check for each applicant including:
(a) Multi-state/Multi-jurisdiction criminal records locator or other similar commercial
nationwide database with validation, primary source search.
(b) National Sex Offender Registry database.
(c) Obtain and review a driving history research report for the applicant.
(3) The TNC shall not permit or allow a person act or operate as a TNC driver on its digital
platform who:
(a) Have been convicted of any federal or state felony as amended or federal or state
other offenses as amended involving moral turpitude within the past ten (10) years,
including, but not limited to:
(i) Prostitution or related offenses.
(ii) Driving while intoxicated or under the influence of any drug.
Ordinance No.____________ Page 7 of 12
(iii) Violations of the Controlled Substance Act.
(iv) Rape, murder, attempted murder or aggravated assault.
(v) Theft over five hundred dollars ($500.00).
(vi) A felony or other offense involving moral turpitude which may adversely
affect the TNC Driver's ability to provide safe and reliable passenger
transportation.
(vii) Or any other offense that may adversely affects the TNC Driver's ability to
provide safe and reliable passenger transportation.
(c) Is a match in the National Sex Offender Registry database.
(d) Does not possess a valid driver's license.
(e) Does not possess proof of valid registration for the motor vehicle(s) used to provide
TNC services.
(f) Does not possess proof of current valid automobile liability insurance as required
by Texas law for the motor vehicle(s) used to provide TNC services.
(g) Is not at least 19 years of age.
(4) Terminating Drivers. A TNC shall immediately terminate the driver's ability to access the
digital network if a driver is involved in violations of this ordinance, criminal conduct or
otherwise becomes ineligible to serve as a driver by not meeting the above requirements.
F. Insurance Requirements for TNC and Registered Agent.
(1) All TNC Permit Holders, Drivers or Operators must at all times comply and show proof
of compliance with Texas Insurance Code Chapter 1954 “Insurance for Transportation
Network Company Drivers”, as amended and any other Texas minimum insurance
requirements as required by the Texas Transportation Code, as amended.
(2) TNC Permit Holder must have a registered agent in the State of Texas for service of
process.
G. Issuance of TNC Permit, Term and Renewal.
(1) Issuing Permit. The applicant must submit the Permit fee and application to the Police
Department. The Chief of Police shall issue a TNC Permit stating the TNC’s name,
address, term and permit number if after the Chief of Police finds the application
requirements are reasonably satisfied. If the Chief of Police determines any of the
application requirements are not met then the application must be denied. The TNC
Ordinance No.____________ Page 8 of 12
applicant may reapply to the Police Department in thirty (30) days and submit an
additional fee with new information for consideration.
(2) Term. The Permit will be issued for the period beginning the date of the issuance and
will expire one calendar year after issue of the Permit. The Permit must state the year for
which it is valid.
(3) Renewal. At least thirty (30) days before permit expiration a permitted TNC not in
violation of this ordinance may renew its Permit by providing a written request on a form
provided by the City for renewal and attaching and submitting the following to the Police
Department:
(a) Permit Fees.
(b) Proof of insurance required by the Texas Insurance Code.
(c) TNC Application provided by the City.
H. Transportation Network Vehicle Inspections. A Transportation Network Vehicle must
have a valid State of Texas registration sticker.
I. Display of Rates and Fares.
(1) Posted Amounts On Digital Network. The TNC must post rates and other charges or
fees on its internet enabled application or digital network in a manner readily accessible
to passengers before the service is provided. The TNC may not allow Drivers to charge
or collect a rate higher than the one specified on the internet enabled application or digital
network.
(2) Dynamic Pricing. If a TNC uses dynamic pricing to maximize the supply of available
TNC drivers on the network to match the demand for rides and increase reliability, the
software application must:
(a) Provide clear and visible indication that dynamic pricing is in effect before a ride
is requested.
(b) Include a feature requiring riders to confirm understanding that dynamic pricing
will be applied for their ride.
(c) Provide a fare estimator enabling the rider to estimate dynamic pricing cost before
requesting the ride.
(d) Dynamic pricing is prohibited during abnormal market disruptions.
Ordinance No.____________ Page 9 of 12
J. TNC Operating Requirements.
(1) Identifying Information. The TNC internet enabled application or digital network
accessed by potential passengers shall display after a ride is accepted:
(a) An accurate picture of the Transportation Network Driver including readable text
stating the driver’s first name.
(b) A picture or description of the Transportation Network Vehicle including the make
and model of the vehicle, and the vehicle license plate number.
(2) Receipt and Contact Information. Passengers must be able to request receipts via email
or other electronic format. The TNC shall make available on their internet-enabled
application or digital network and website a receipt providing:
(a) The origin and destination of the trip.
(b) The total time and distance of the trip.
(c) An itemization of the total fare paid.
(d) Access to contact information for the TNC’s customer service team or liaison.
(3) Request for Service. All requests for service must be placed and accepted only through
the internet-enabled application or digital network or website. The TNC may not permit
its drivers to accept street hails for passenger transportation.
(4) Route. Drivers must take the most direct, expeditious and safe route, unless specifically
requested by the passenger.
(5) Loading or Unloading. It shall be the duty of each driver to pull the Transportation
Network Vehicle lawfully to the curb when loading or unloading passengers.
(6) No Cash Payments. Any payment for TNC services must made using the TNC's digital
network or software application. No cash may be exchanged for TNC services. The TNC
shall adopt a policy prohibiting solicitation or acceptance of cash payments from
passengers and notify TNC drivers of such policy. TNC drivers will not solicit or accept
cash payments from passengers as payment for TNC services.
(7) Overcrowding. A TNC driver or operator shall not allow Overcrowding of the TNC
vehicle while transporting passengers or riders.
(8) Non-discrimination and Accessibility.
(a) A TNC and TNC Drivers shall comply with all applicable laws concerning non-
discrimination and accessibility.
Ordinance No.____________ Page 10 of 12
(b) TNC drivers shall comply with all applicable laws relating to accommodation of
service animals.
(c) A TNC shall not impose additional charges for providing services to persons with
physical disabilities because of those disabilities.
(d) A TNC shall provide passengers an opportunity to indicate whether they require a
wheelchair-accessible vehicle. If a TNC cannot arrange wheelchair-accessible TNC
service in any instance, it shall direct the passenger to an alternate provider of
wheelchair-accessible service, if available.
(9) Background Check Audits and Driver Information.
(a) Records and Books. Each TNC shall maintain:
1. Individual trip records of passenger customers for at least one (1)
year from the date each trip was provided; and
2. Individual records of TNC drivers at least until the one year
anniversary of the date on which a TNC driver’s relationship with
the TNC has ended.
(b) Audit. The TNC shall permit the City to conduct an audit and examine a reasonable
sample of books and records relating to TNC’s performance of its obligations under
this Agreement at a mutually agreed upon third-party location. The City shall
provide notice of the books and records requested for inspection in writing at least
5 days before the scheduled examination.
(c) Emergency Situations. Any law enforcement officer investigating a criminal case
may request TNC driver or operator information from the TNC in emergency
situations where a person is in danger of bodily injury, serious bodily injury or
death. The TNC must respond immediately. This information must include all
information relevant to the investigation. The law enforcement agency will follow
up with a warrant or subpoena when practical.
(d) Other Criminal Cases. In other criminal cases not involving emergency situations
law enforcement will provide the correct means to gather the information and the
TNC must respond either verbally or in writing within twenty four (24) hours.
Ordinance No.____________ Page 11 of 12
K. Suspension or Revocation of TNC Permit of Registration and Appeal.
(1) Suspension by Chief of Police. The Chief of Police may suspend or revoke any Permit
issued under this ordinance
(2) Notice. Suspension or revocation is effective upon delivery of written notice to the
permit holder or by email, fax, hand delivery, regular mail or certified mail.
(3) Criteria for Revocation or Suspension. A Permit may be revoked or suspended by the
by the Chief of Police upon verification of any of the following:
(a) A driver or operator has been convicted of a felony or other offense involving moral
turpitude or any offense which may adversely affect the driver or operator’s ability
to provide safe and reliable passenger transportation to the public.
(b) The Permit was obtained based on information in an application in which any
material fact was intentionally omitted or falsely stated.
(c) The Permit Holder has violated or failed to comply with any of the provisions in
this ordinance, any other City ordinance or federal or state law.
(d) The Permit Holder has allowed required insurance to be canceled, withdrawn,
terminated or to fall below the minimum limits of liability prescribed in this
ordinance.
(e) The Permit Holder is delinquent on any taxes owed to the City or fails to show
financial ability to maintain services in compliance with this ordinance.
(f) The Permit Holder has altered, or caused to be altered, the Permit.
(g) Discontinuing operations more than ten (10) days.
(4) Appeal. The Permit Holder shall have the right to appeal to the City Manager any
revocation or suspension action from the Police Chief by delivering the written appeal to
the City Secretary within ten (10) days after notice suspension or revocation is received.
In the event the Permit Holder fails to deliver the appeal to the City Secretary within the
time prescribed, the revocation or suspension by the Police Chief City is final. If the
Permit holder timely delivers the notice to the City Secretary, then the City Manager or
his designee, shall hear the appeal within twenty (20) days after the filing of the appeal
with the City Secretary. City Manager or his designee’s decision is final
Ordinance No.____________ Page 12 of 12
L. Offenses.
(1) It shall be unlawful for any person, Permit Holder, driver or operator to solicit potential
passengers for Transportation Network Services at, in or near any passenger depot, hotel,
airport, bus stop or station, or upon any sidewalk or street or any other place in the City,
or use any words or gestures that could be construed as soliciting a passenger for
Transportation Network Services.
(2) It shall be unlawful for any person to accept or respond to a passenger or potential
passenger request for service by traditional street hail, including hand gestures and verbal
statements.
(3) It shall be unlawful for any person, driver or operator to provide their direct or personal
phone number or email address to passengers or potential passengers to enable requests
for Transportation Network Services.
(4) It shall be unlawful for any person, driver or operator or Permit Holder to violate any part
of this ordinance.