HomeMy WebLinkAboutOrdinance - 2018-O0117 - Amending Chapter 8 Businesses And Amusements Article 8.21 - 09/13/2018First Reading
September 13. 20 I 8
Item No. 7.17
OROINANCENO.2018-O0117
Second Reading
September 27. 2018
Item No. 7.12
AN ORDIN.'\NCF i\i\ffNDING CII/\PTER 8. --JHJSINESSES AND
/\MUSUvlENTS" BY i\lJDING 1\lrt'ICU: 8.21 ··BICYCI.I: :\ND SCOOTER
SIIJ\RIN(i": AMLNDIN(.j Cl l:\P rt·'.R 20 ··TRAl·l· ll"', HY .M•Al-:NDING T ill:
DEFINITION OF "LHCYCI.E .. TO INCLUDE n IOSI.: OPERATING WITH
ELECTRIC POWER. TO DLFINL "'SCOOTER'". :\N D INCLUDING ELECTRIC
BICYCLES ;\ND SCOOTERS WIT HIN THE EXCEPTION TO THE DEFINITION
OF ··VL:IIICLES"; :\Ml:NDING Cl 1/\PTER 20 Sl:CTION 20.09 TO INCLUDE
SCOOTERS Tl IROUGI !OUT: i\Ml·.NDING Cl IAPTER 24 ··VEI IICLES FOR
HIRE'" SECTION 24.01.002 TO EXCl~lJ DE BICYCLE AND rRICYCLE FROM
THE DEFINITION UF "'NONMOTORl7.ED P/\SSOKiER T RANSPORT
VEHICLES": AND !\MENDING Cl Lt\PTl·.R 36 "'STREETS. SIDEWALKS AND
OTHER PUBLIC W,"\ YS". ,\RTIC'LI·: :,(>.01 BY ADDING SECTION 36.01.009:
PROVIDIN<.i :\ S.-\ VIN(iS Cl.,i\USE: PROVIDING A PENALTY: :\ND
PROVIDf Ci FUR PUBLICJ\TIUN.
Wlll:REAS. pursuant 10 the ·1 cxas Transportation Cude Section 3 I 1.001. the
Cit) of Lubbock maintains and regulates the streets and alk~s "ithin th4: Cil) of
l.uhbod:: and
'-1\11 IE REAS. pursuant tu the Texus Trnnsportatioll Cl>i.k Section 316.021.
cities may grant permission and prcsi.:ribc the consideration and terms for the use of a
portion llf a 111unkipal sired ur siJe\,aH, for a private purpu!-ie ir it Jocs not intcrfrre
with the publil.: use or the stn.:ct or side\\alk nor create a dangerous condition on the
street or siJc\\.tlk: and
WI IERl:/\S. by allowing permiucJ bicycle and scooter sharing programs, the
City of Lubbock can olkr its citizens a variety or transportation options, increase
mobility in the city. 111:1i11tain all curn:nl uses or :;tre.:ts and sidewalks. and regulate
the placement and prolilcrati4)1J or bii:yclcs and scooters in the city's right-of'-wuy:
and
WI 11:Rl:AS, the City of Lubbrn.:k desires w create a pilot program !O allow
the city to offer anJ evaluak the use and regulation of bicycle and scooter share
programs that will use the city"s right-of-way: and
WHERl:/\S. !he Cit) Coundl of the City of Lubbock. Texas deems it in the
best interest or the citizens or Lubboek to make the following amcnJmcnts to
Chapters 8, 20. 24 and 36 or the Cod.: or On.linanccs with regard to the
administration, permitting, and regulation or bicycle shurc nnd scooter share
companh:s upcrating in the City or l.ubbrn:k: NOW l'I IERLFOHL:
BE IT ORD:\INFD BY rt It•: Cl J'Y COUNCIL OF I I IL CITY UF I Ul3BOCK:
SECTION I. n I,\ I Chapter 8 ol' the coJc ~ir OrJinanecs of the Cit: of
l.ubbod,. Tc."b· i~ hereb~ .1mcndcd b: adding /\rtidc 8 . .21. to rcaJ .1~ folluws:
ARTICLE 8.21 BICYCLE AND S('OOTER SIIAl{ING
Sec. 8.2 l.001 Definitions
1. /Ji,yde. Every dcv i1.:c pro relied h) human or dcctri.: p1 ,,, er upun ,, h id1 an) pcrso11
may rhk having two (2) or mon: ,,hcds. any llr\\hid, is un·r fourteen ( I~) i11d1cs in
di anH!lt: r.
2. Bi<:rde Slwri11g. The renting. of a bic)ck(s) 1111 a ~hort-tcrm hasi~ gcncrall) 111
exchange fix c1HllJll'nsation.
3. llollll' l.une.l': Al ih sole Jis1.:rctiun. thc City ma) create l lumc /.om:s dcsignati.:J b)
the Cit} Manager. which shall be idcnti lied on a map lo bt: rnmk available in the
onice of the City Se.:rt:tary, ,,herein the Pcrmittcc shall use the Cit) ,,r l.ubbl1Ck
Right-of-\\'a) on a 11011-cxi.:lusiH: hasis. sol,:I) fi.ir the purp,1sc of rl,11.:...-rm:nt ur
Bic)ch:s ur Scuoll:r~ for rcntal.
4. Scooter. Ever) Lie, kc propelkd b) human ur electric r,m...-r upon" hil:h ail) pl!rson
ma) ride. having a namrn footboard muuntci.l hct ween 1,, o ( 2) lll" mun: \\ heels "ith
an upright steering hamllc attaehcd to thc Ii-uni ,, heel.
5. Snwh'r Slwring. I lie renting llf a ,c11l>ll.'r(-.,) un a shurl-tcrm ha-.,b gl.'111:rall) 111
c.\.diange for cumpcnsatiun.
6. 1 ·i.:11dor. :\ ny pcrs\ln t1r cntit) that distributcs bi.:) l: k:s llr 'il:110\l:rs rllr rental.
Sec. 8.21.002 \'cndor Permit Rct1uir-ctl
(a) It shall be an utknsc fi.ir u h:nJur that pro, itb, bii.:) c lcs llf sl'ul11L•rs for !he
purpl)SC llr hil:~ L 1c sharing or Sl:ul1tcr sh;iring tu plan.· bic) dcs l1r :-.l:11l1lcrs in thl:
di)· s righh1 f." U). nr othl.·r <.."it) prnpcrty. "itlwul a bic) ck or -.,ctiull:r share
permit obtained from anJ autl10ri1cd b) the onil:c uf the Cit) Scl:n:lar).
(b) Failure tu obtain a permit n.:quircd 1111<.kr 1his sl.!ction tor l1fli:ring hk)dcs or
scooters for bk)cle sharing or scouter :;haring shall n:suh in impuunJmcnt of
C\'Cf) bic) c le or scouter pla1.:cd upon 1hc right-of-\\ a) llf ,Ill) othl.'r pub I ic
pwpcrl).
(C) :\n impounJ k..: shall be assessed for e,·i:r) bic)clc ur Sl:lllltcr colkl:te<l Ju..: tu
,cndur llpcratiuns in ,iula1ion nr the permit rel1uircmcnt ol" lhi:-~c.:lil111. anJ
\ cni.l1..1r shal 1 pa) SI 75 for the n.·dl.'m rt ilin and rckasl.' 1..if each irnp11u11Jl.·J bi.:)~ k
l lT S~llllh.'L
( d) The Cit) Sccrl.'lar) 111<1) issue permits authnri1cJ under th is an k k 1tir !\\ ch c (I~)
months afkr lhc ..:ffccrivc Jal!.:' nrthis ordinam:c.
(l:) Tn obtain a pcnnit th.: ,cnJtir must:
1. Have a current contract with one or more of the institutions ur higher
education within the City or Lubbock and be abk to supply the City S!.!cn.:tary
with rroof 01· said contract:
") .'\ppl) Jix an ,mnual bi.:)l'k or s1..·l1oter -,han.: permit un a limn apprml'J b) the
Cit) :\ttonu::-anJ locah:J in the otfo.;c of the Cit) Sccrclar:-: and
3. (.\imrl: "ith all of the opcratinnal. linancial. reporting. and all lllhl'r
rcquin:menl'i founJ in thi.: bk)ek or !-.CoOll'r sharl· pl'rmil.
(I) Pcnnit Ii:!.! shall be $750 and is subji:cl to annual n:vil.'\\ pursua111 lo Si.:ctilm
1.03.004 ul'the City Cod-: ofOrJinances.
Sec. 8.21.003 Permit l>cnia I :rnJ Rcvocalion
rhc Cit:, Sccn.:tar:, ma) determine that a ,cnd1lT0
'i permit sho11IJ be dcnicJ ur n:\okcJ li.ir
th-: reasons sci t"t,nh bdo\\. The Cit:, Sccrdar) ~hall pnniJe \\Titll:n nolic,.: Pl"tlh: Jeni.ii
or re,ocation llr a rt:nnit to the ,cnJor. Jetailing the rcas~1n for thi.: lkni,1! or rl'\ocation
of the perm it. anJ a statement in forming ihl' \ crnJor ur its right tu appeal the Jo.:11 ia I ur
rcvocati,m nf ib permit \li thi: Pi:rmit and 1.kcnsc .-\ppcal lhlard. in the manner set uul in
Chapter:!. Artidc ~.03 1.it' this Cmk ul' Ordi11a1m.:s.
ta) Denial or Pcrmil. The application shall be denied. and no permit '>hall be issucJ. if
the Cit~ linds that:
I.
,.,
:\Tl) statc1m:nt mauc in lhl.' ~1pplkation is im:omplctc. inaccurate. mi"kaJing.
or l:ibc; or
1"11c ,entkir has no\ complicJ 11 ilh thi~ ,IT!idl' ur ha~ had a histor) o!
nuncumpliancl' 11 ith 1h1.· prm isiuns ut' thb artkk.
( b) Rt:1 llcation ll I" Permit. nic Cit) ma~ rc11.11-.l' a perm it Jue tu 11.·nJ11r·-. Ii.ii lure to
compl;, 11 ith permit requirement!'.. this ,1nick. or an) applkablc li:dcrnl. !-.l.itc. or loc.il
la\, or regulacion. Pi:rmits ma) alsn bl.' rc\l1h•J li.1r llTII.' 1.1r n111r1.· 1.11' the folio\\ ing
n:asons:
I. Poor cuslumo.:r rcspunso.: ur st:r\ ice:
2. Posing an unre.isornib le risl-. tu 1h1..· hcalth. sakt) anJ "d fare llf thl' gcno.:ral
public: or
3. Nonpa)ment l~>r llll>llll':-. 1mcd Cit) 111 accordancl.' \\ith thi-, :trtkk and the
pt:rm it.
Sec. 8.2 l.004 I lomc Zones
The City Council of the City of Lubbock authoriics 1he Ci1y Manager to create. modil:v.
or remove home ZOl!l'S for bkyclc anJ/~>r scontcr sharing within the City 1il' Lubhock.
SEC l'ION 2. n IA r Clwptcr 20. !'.icction 20.U 1.00 I of thl' Cude of
Ordinances of the City uf Lubb01.:k. 1'1::'\as. the spccificu dl.'linitions arc herl..'b)
amended and a new definition adlleu alphabctkall) as follows:
Sec. 20.01.00 J Definitions
/Jicyde. Every devkc prupclled by hurn.111 or dcctrk puwcr upllfl whkh any person may
ride. having two (2) or more wheels. any or which is over fourteen ( 14) im:hes in
diameter.
Scooter. l·.vcr) lie, kc propdkll by human ur dectrk plmcr upon,, hkh an) person ma~
ride. having a narru,, loutbuard mounted between twu (2) ur mun:" hcd-: ,, ith ,Ill upright
steering hanJ le .11wd1cd 10 the fronl "heel.
/'"ehide. Evl'ry <.kvkc in. uptm orb) which any person or propcrt) b or may be
transrurtcd or drawn upon a sired or highway. except devices n11wed by hunwn power.
bicycles or Sl'OOlers muvcd b) dcctri1.: 1wwcr. ur used cxclusivd) upon stati111rnr) rails ur
tracks.
SLCTIUN 3. Tl I:\ I Chapter :!O. Scl.'.tions 20.09.00 I and 20WJ.002 of the
Colic of OrJimmcc!-o of the Cit) of 1.ubbod,. l'c:-.a~. arl' hcrcb) mm:ndcll ..i.., fol lo,\~:
ARTICLE 20.09 BICYCLES & SCOOTERS
Sec. 20.09.001 Appliralion or trnnil· n•gulations
bery person ritling a bk)cle or scooter upon a roadwa) shall be granteu all uf the right~
and shall be subject to all of the duties applk,1blc to the driver of a vehicle h) the la\, s of
this state declaring rules (lr the rm1d applkabk to vehicles orb) lhc traflk \1nlin.mces of
this cit) applicabk w thi.: driver of a vchidc. c:'\ccpl as lo spcci.11 regulation, in thi..,
artklc and c:-:ccpt a~ h1 thu~c provi~iun~ ofhm~ anJ ordin.:rncc!, "hii:h b) lhcir nature can
have no arrlication.
Sec. 20.09.002 Application of article; violations
(a) The pan:nt of ail) child anti lhc guardian of an) ward shall not au1hori1_c ur
knowingly pl'rmit an~ such i.:hilll ur ,, artl lo viul.Hc ~Ill) prU\ is ion u r th b :.irt idc.
lb) These reglllaliLrn~ arr I icable to bk) c ks and srn\lter~ slwll arrl) ,, bcnevcr a
bicydc or !-icoutcr is opcratcJ upon an~ strcel or upllll an) rubli.: parking ilH or upon an)
publk path set aside for thl! c:-.dusivi.: usi.: of bk:ycks ur SCllott:rs. subject to those
exceptions stated herein.
Sl:C l'ION -1. rl I.\ I Chapter :!-I. Sci:tion ~-1.0 l.ll02 of th~· Cmk of
Or<linanc,.:s of the Cit) of Lt1bhod .. I c:-..as. stated ddiniti(,m is h1:rch) amcndi:d as
folkrns:
Src. 2-1.01.002 lkfinitions
.\'011111otori:c:d fJ{I.Hl'lll!t'r tra11.1·rH11·1 rd1ide. An~ ,chide dcsignl!u t(,1 transport passengers
that is nut pmwrl!d h) a nm tor. indud ing. but not limited to. a horscvd ra\\ n carriage. ur
pedicab.
SITIIO:-.J ~-
hcrl'b) amended b~ adding a -.cctiun. lll be numlK·rcd Sccti1.u1 36.0 I .009 llf the Cude
of On.I inancc~ of the Cit) or 1.uhboi.:k. I c.,a~. \\ hich said section reads as f0lllm s:
Sec. 36.01.009 Obstruction ofslrccts, alleys, sidewalks. or any other public right-
of-w11y
It shall be unlawful for any person In nbstrncl or enrnmbcr. in part or entirely. any
portiun of any publk street. a lk). side\, al k. or an) nth er pub) k right-of-,, a) within the
corp(lratc limits ot' the dt) with ,Ill) item. ,,hcther temporar) or permanent. except as
alk/\\ed ,, ith an applkabk permit under this .:ude m pursuant tn an c~prt·ss a11thuri1ation
in an~llhcr sccthlll of this ..:oJe that aulhmi1es 1.:ertain. spcci lie tcmpor~ir) u~c or
ubstrui.:tion.
Sl:CTION 6. Tl IAT vinlatiun nr any pro\'isil)n of this Ordinance sh<1ll be
<l<.:cmcd a 111isde1m:anor punislrnbk by a fim: Jllll lu 1.·xcccd applicable lines in
accurdancc with Sedion 1.01.004 llr thi.: City Code or Ordinances.
Sl-:C.TION 7. Tl IAI" :,;lwuld any puragraph. sentence. dausc, phrase or
work of this Or<linam;c be declared unconstitutional or invalid for any reason. the
remainder of this< >rdinancc shall no\ he af'tc<.:tc<l lhcn:b).
SI:('] ION 8. Tl 1:\1 the City Sccrl·tar) is hcrcb) au1lwri1.cd tu cause
publkalion of the dcsniptivc caption or thb Ordinan1.:L' as an .illcmaiivc method
provided by luw.
AND IT IS SO OIU>ERED.
i'ilsscd b) lhL' City Council on 'S!.:(.;i1ml reading this :!7th da) nl' S<..'pl<..'lllhl'I" • 2018.
l>.,\Nll·l r-.1. POl'L. :-.1:\ YOR
:\PPROVED AS TO CONTl-:\:T:
ldc~=~ W. JarrolAtkinson. Cit~ Manager
r\PPROVl:D :\S 10 FOR.1\l:
Page 1 of 13
BICYCLE or SCOOTER SHARE PERMIT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS PERMIT AGREEMENT is made and entered into by and between the CITY OF
LUBBOCK, TEXAS, a home-rule municipal corporation, hereinafter called the “City” and
___________________, a _____________________ corporation licensed in _______, hereinafter
called the “Permittee”. In consideration of the mutual covenants and agreements set forth herein,
and other good and valuable consideration, City does hereby grant a Bicycle-share/Scooter-share
Permit (circle one).
This Permit is granted subject to the terms and conditions set forth below:
1. Term. This Permit shall expire on the _____ day of ______________, 2019, and
may be renewed annually upon the request of Permittee and upon approval by the City Secretary
pursuant to Section 8.21.002 of the City of Lubbock Code of Ordinances.
2. Definitions. For the purpose of this Permit, the following terms shall apply:
a. Bicycle: Every device propelled by human or electric power upon which any
person may ride, having two (2) or more wheels, any of which is over fourteen
(14) inches in diameter.
b. Bicycle Fleet or Scooter Fleet: All Bicycles or Scooters owned by the
Permittee operating in the City.
c. Bicycle Sharing and Scooter Sharing: The renting of Bicycles or Scooters,
respectively, on a short-term basis generally in exchange for compensation.
d. Home Zones: At its discretion, the City may create Home Zones designated by
the City Manager, which shall be identified on a map to be made available in
the office of the City Secretary, wherein the Permittee may use the City of
Lubbock Right-of-Way on a non-exclusive basis, in accordance with the terms
of this Permit, solely for the purpose of offering Bicycle sharing or Scooter
sharing within the City.
e. Right of Way: Streets, sidewalks, alleys, and other pathways open to the public,
excluding those found in public parks.
f. Scooter: Every device propelled by human or electric power upon which any
person may ride, having a narrow footboard mounted between two or more
wheels with an upright steering handle attached to the front wheel.
Page 2 of 13
3. Use. Permittee’s customers may use the Right-of-Way for parking of Bicycles or
Scooters owned and maintained by Permittee, and for riding Bicycle Fleet Bicycles or Scooter
Fleet Scooters subject to, and in accordance with, state and local laws. This authorization is not a
lease or an easement, and is not intended and shall not be construed to transfer any real property
interest in City property. Permittee shall not place or attach any personal property (other than
Bicycles or Scooters), fixtures, or structures to Right of Way without the prior, separate written
consent of the City Manager, and such writing shall be a part of this Permit to the same extent as
if it was set forth herein. Use of the Right of Way by Permittee and Permittee's operations and use
by Permittee’s customers within the City must conform to the requirements of the City of Lubbock
Code of Ordinances 20.09.003 and, shall, at a minimum:
a. Not adversely affect the property of any third parties;
b. Not inhibit pedestrian movement or ADA access within Rights-of-Way, Parks
and Other City Property; and
c. Not create conditions which are a threat to public safety and security.
4. Bicycles. All Bicycles that are part of the Bicycle Fleet shall:
a. Comply with all applicable local, state, and federal laws and regulations
covering Bicycles. This includes the standards outlined in the State of Texas
Transportation Code under Title 7, Chapter 551, Subchapter B, Section 551.104
– Safety Equipment and the Code of Federal Regulations (CFR) under Title 16,
Chapter II, Subchapter C, Part 1512 – Requirements for Bicycles;
b. Include a front light that emits white light visible from a distance of at least 500
feet in front of the Bicycle and a rear red reflector or light that is visible when
directly in front of motor vehicle headlamps from a distance between 50 to 300
feet to the rear of the Bicycle; or a lamp that emits a red light visible from the
distance of 500 feet to the rear of the Bicycle;
c. Be branded with an identification number and the Permittee’s logo to identify
Permittee’s Bicycles;
d. Be attractive, highly durable, theft and vandal resistant, able to weather winter
conditions, safe, comfortable, easy to use by a wide range of customers and
include an adjustable seat;
e. Come with a self-locking mechanism and remain upright when parked; and
f. Not display third-party advertising, except when there is an agreement with
the institution of higher education that requires the school name and/or logo on
the bicycles.
5. Scooters. All Scooters that are part of the Scooter Fleet shall:
Page 3 of 13
a. Comply with all applicable local, state, and federal laws and regulations
covering Scooters;
b. Include a front light that emits white light visible from a distance of at least 500
feet in front of the Scooter and a rear red reflector or light that is visible when
directly in front of motor vehicle headlamps from a distance between 50 to 300
feet to the rear of the Scooter; or a lamp that emits a red light visible from the
distance of 500 feet to the rear of the Scooter;
c. Be branded with an identification number and the Permittee’s logo to identify
Permittee’s Scooters;
d. Be attractive, highly durable, theft and vandal resistant, able to weather winter
conditions, safe, and easy to use by a wide range of customers;
e. Come with a self-locking mechanism and remain upright when parked; and
f. Not display third-party advertising, except when there is an agreement with
the institution of higher education that requires the school name and/or logo on
the Scooters.
6. Bicycle and Scooter Parking. If the City at its sole discretion creates City Manager-
designated Bicycle and Scooter parking Home Zones those zones must be used to station Bicycles
in the Bicycle Fleet and Scooters in the Scooter Fleet and rebalance any concentration of Bicycles
or Scooters greater than allowed per zone to another zone of lower concentration within the
allowable limits of this Permit. If created, Home Zones will be identified on a map available at
the office of the City Secretary. All parking must be in accordance with the following:
a. Bicycles in the Bicycle Fleet or Scooters in the Scooter Fleet shall be parked in
accordance with the City of Lubbock Code of Ordinances 20.09.003;
b. Bicycles in the Bicycle Fleet or Scooters in the Scooter Fleet shall be restricted
to the following parking regulations when parked on the sidewalk:
i. Bicycles and Scooters can only be parked on hard surfaces (e.g.
concrete, asphalt, brick);
ii. Bicycles and Scooters shall not be parked at the corners of sidewalks or
within five (5) feet of crosswalks or curb ramps;
iii. Bicycles and Scooters parked on sidewalks must not reduce the
minimum ADA clear sidewalk width of thirty-six (36) inches; and
iv. Bicycles and Scooters shall not be parked in any way blocking:
1. Transit stops, shelters or platforms;
Page 4 of 13
2. Commercial loading zones;
3. Railroad tracks and crossings;
4. Passenger loading zones or valet parking service areas;
5. Handicap parking zone;
6. Street furniture that requires pedestrian access (for example -
benches, parking pay stations, etc.);
7. Curb ramps;
8. Entryways; and
9. Driveways;
c. Bicycles and Scooters may be parked on private property only with the
permission of the private property owner;
d. Bicycles and Scooters shall stand upright when parked;
e. City may add, remove, or modify locations in the Home Zones at its sole
discretion and;
f. Permittee must actively manage the Bicycle Fleet or Scooter Fleet to ensure
orderly parking and the free and unobstructed use of the Right-of-Way. Any
Bicycle or Scooter that is parked improperly shall be re-parked in a correct
manner or shall be removed by Permittee within the timeframe as outlined in
Section 12(e).
7. Communication with City.
a. The Permittee must appoint a project manager to be the key point of contact for
the Vendor’s operations. The project manager must have at least three (3) years
experience providing management of similar programs;
b. The project manager must attend all meetings required by the City in order to
implement, monitor, and evaluate the program in accordance with this Permit.
The project manager must develop, prepare, update, and distribute a monthly
status report that details the services provided to the City Secretary. During the
first six (6) weeks, the “Implementation Phase”, the frequency of this task shall
be weekly; once the program is fully operational, the frequency of the meetings
will be monthly; and
c. The project manager shall be responsible for managing the overall program
Page 5 of 13
implementation and for directing the day-to-day operations of the program.
8. Customer Communication. Permittee shall:
a. Educate customers regarding laws applicable to riding and operating a Bicycle
or Scooter in the City of Lubbock;
b. Instruct customers on how to park a Bicycle or Scooter legally and properly;
c. Provide a mechanism for customers to easily and quickly notify the Permittee
that there is a safety or maintenance issue with the Bicycle or Scooter, such as
in the mobile application;
d. Provide sufficient staff to handle rentals, Bicycle or Scooter dispatching,
operations, customer relations, and other administrative responsibilities as
required by this Permit;
e. Maintain a 24-hour customer service phone number for customers to report
safety concerns or complaints, or ask questions with a minimum one (1) hour
response time;
f. Provide customer service via mobile application, website and toll-free phone
number enabling customers, citizens, or the City to ask questions, report
Bicycles or Scooters that are damaged or improperly parked, request refunds or
otherwise receive support;
g. At the discretion of the City, distribute a customer survey developed by the City
before the end of the pilot term; and
h. Lead outreach efforts to business associations, major developers and property
managers, community groups and other key stakeholders, to solicit input on the
program operations and obtain program feedback.
9. Technology
a. Permittee must offer state-of-the-art Bicycle or Scooter-share technology
utilizing at least one of the following advanced technologies:
i. A mobile application to accept payments, handle all aspects of rental
transactions, and provide information on Bicycle or Scooter availability
and locations;
ii. GPS technology or equivalent technology to provide real-time tracking
of Bicycle or Scooter location and routes and to record trip data;
iii. RFID and/or NFC technology that enables customers to rent Bicycles or
Page 6 of 13
Scooters from mobile devices, access cards or other similar devices; and
iv. Geofencing ability to virtually designate the Home Zones or parking
areas to support Bicycle Fleet or Scooter Fleet management.
10. Condition of City of Lubbock Right of Way
a. City makes the Right-of-Way available to Permittee in an "AS IS" and "WITH
ALL FAULTS" condition. City makes no representations or warranties
concerning the condition of the Right-of-Way or its suitability for use by
Permittee or its customers, and assumes no duty to warn either Permittee or its
customers concerning conditions that exist now or may arise in the future; and
b. City assumes no liability for loss or damage to Permittee's Bicycles, Scooters,
or other property. Permittee agrees that City is not responsible for providing
security at any location where Permittee's Bicycles or Scooters are stored or
located, and Permittee hereby waives any claim against City in the event
Permittee's Bicycles, Scooters, or other property are lost, damaged, or stolen.
11. Maintenance and Care of portion of Right-of-Way and Parks: Permittee expressly
agrees to repair, replace, or otherwise restore any part or item of real or personal property that is
damaged, lost, or destroyed as a result of the Permittee's use of Right-of-Way and other City
Property. Should Permittee fail to repair, replace, or otherwise restore such real or personal
property, Permittee expressly agrees to pay City's costs in making such repairs, replacements, or
restorations. In the instance of failure to pay, the City shall deduct costs of repairs from Permittee’s
escrow account with the City.
12. Operations & Maintenance.
a. Permittee shall be responsible to maintain the Bicycle Fleet or Scooter Fleet.
Permittee shall be solely responsible for all maintenance and service costs in
order to maintain the Bicycle Fleet or Scooter Fleet and associated maintenance;
b. Permittee must provide ground operations to ensure the safety, accessibility,
and placement of Bicycles or Scooters throughout the City. Permittee’s
operational responsibilities include but are not limited to:
i. Daily Bicycle or Scooter rebalancing and distribution throughout the
City to ensure a minimum number of functional Bicycles or Scooters
are operational daily (at each designated Home Zone if so designated);
ii. Pick-up and replacement of Bicycles or Scooters found parked in
violation of Lubbock City Ordinances and this Permit within the
specified period of time;
iii. Pick-up and delivery of Bicycles or Scooters to a contracted Bicycle or
Page 7 of 13
Scooter mechanic that are reported to be in unfit riding condition; and
iv. Delivery of Bicycles or Scooters back to Home Zones from the
mechanic once repaired (if Home Zones are designated).
c. Permittee must provide a mechanism to track customers who do not operate
and/or park Bicycles or Scooters in accordance with the laws of the state and
ordinances of the City of Lubbock, with the option to ban users from access to
the Bicycle Share or Scooter Share program;
d. Permittee must have a mechanism for reporting Bicycles or Scooters parked
illegally and for timely moving incorrectly parked Bicycles or Scooters back to
a Home Zone, if so designated;
e. Permittee must be able to receive notifications on Bicycle or Scooter issues and
provide a resolution within two (2) hours from notification;
f. Permittee must comply with all City of Lubbock ordinances and requirements
for Bicycle Share or Scooter Share operators; and
g. Any Bicycle or Scooter found and retrieved by the City in any body of water
shall be deemed unsalvageable and may be immediately discarded by the City
and Permittee shall not be entitled to, or receive, any payment for the cost of
the Bicycle or Scooter.
13. Impoundment of Bicycles and Scooters
a. The City shall impound all Bicycles or Scooters which:
i. Are not operated and/or parked in accordance with state law and city
ordinances; or
ii. The Permittee has not timely responded to a complaint and/or collected
a Bicycle or Scooter in accordance with Section 12 of this Permit;
b. Every Bicycle or Scooter that is impounded may only be redeemed and released
by paying a fee of ONE HUNDRED AND NO/100 DOLLARS ($100.00) to
the City of Lubbock for each Bicycle or Scooter; and
c. Upon fourteen (14) days notice of impoundment, each Bicycle or Scooter that
remains within the possession of the City shall become and remain the property
of the City.
14. Data Collection and Reporting. Permittee must maintain current, detailed data on
Bicycle Share or Scooter Share customers and program usage. The data that the
Page 8 of 13
Permittee is expected to collect and report for the above includes, but is not limited
to:
a. Bicycle or Scooter location data available on a per-Bicycle or per-Scooter, real-
time basis including, but not limited to:
i. Location of parked Bicycles or Scooters;
ii. Bicycle or Scooter identification number; and
iii. Type of Bicycle or Scooter;
b. Trip-level data for each trip to inform and support safe and effective operation
and management of the program;
i. System reports including, but not limited to:
1. Total users in system by month;
2. Daily, weekly, and monthly trips;
3. Detailed, aggregate trip origin/destination information for
planning purposes; and
4. Trip length and time;
c. Maintenance and customer service reports:
i. Provide a detailed record of all maintenance performed on each Bicycle
or Scooter;
ii. All reported collisions; and
iii. All customer service inquiries provided on a monthly basis; and
d. Data Security:
i. Permittee shall be responsible for providing secure system applications;
and
ii. Permittee shall provide the appropriate safeguards within the
environment, and should include the use of encryption software and
unique IDs and passwords to protect the data’s confidentiality, integrity,
and availability. All applications must meet security standards
appropriate for the information type that they will be storing, processing
or transmitting. If the application will not be storing, processing or
Page 9 of 13
transmitting any explicitly regulated information, then Payment Card
Industry (PCI) Data Security Standard (DSS) PCI DSS 3.2 compliance
standards will be used as a best practices guide. All applications must
meet Personally Identifiable Information (PII). PII standards must be
physically stored within solution architecture within the United States.
Proposer(s) must provide their most recent third party PCI audits.
15. Nonexclusive Permit. This Permit is nonexclusive and is subject to:
a. Any existing utility, drainage, or other facility located in, under, or upon the
Right- of-Way;
b. Any existing permit, easement or other similar interest granted by City to any
individual, corporation or other entity, public or private; and
c. All other matters of record.
16. Superior Right. This Permit is subject and subordinate to the prior and continuing
right of City, its successors and assigns to use all of the public property for the public benefit. City,
for itself and other Permitted users, reserves full rights, consistent with the rights herein granted.
17. Termination. This Permit is revocable and may be terminated by either party for
convenience upon thirty (30) days written notice.
18. Permit Fee. Permittee shall pay City the sum of SEVEN HUNDRED FIFTY AND
NO/100 DOLLARS ($750.00), non-refundable Permit fee upon submission of application for
each Bicycle Fleet or Scooter Fleet. All Permit fee payments shall reference this Bicycle-Share
Permit on the check and shall be paid to City at the following address:
City of Lubbock, Texas
Office of the City Secretary
1625 13th Street, Room 206
Lubbock, TX 79401
19. Escrow Accounts. The Permittee must provide five thousand and no/100 dollars
($5,000.00) in cash per every fleet with the size of 1-1,000 Bicycles or Scooters within the City’s
boundaries (not prorated) that the City will hold in escrow for the term of this Permit. In the event
of default, termination, or violation of the terms of this Permit, the City may use such funds to
remove or dispose of the Bicycle Fleet or Scooter Fleet, or any part thereof, or repair City property
that was damaged by the Permittee or its customers or invitees. If at any time the escrow fund is
diminished to one thousand five hundred and no/100 dollars ($1,500), the fund shall be
immediately replenished by the Permittee to the original amount of five thousand and no/100
dollars ($5,000.00). At the conclusion of the term of this Permit, the City will return the remaining
Page 10 of 13
escrow funds, if any, to Permittee or its designee within thirty (30) days after the City receives a
written request for a refund from the Permittee. If money is refunded within six (6) months of
deposit, only the principal will be refunded. If Permittee does not request a refund within six (6)
months after default or termination of this Permit, escrow fund shall be forfeited to the City.
20. Liability Insurance.
a. During the Permit term Permittee shall maintain a policy of general liability
insurance at Permittee's expense insuring Permittee against liability assumed by
Permittee hereunder and insuring Permittee and City against liability arising out
of or in any way incident to use or occupancy of City property. Such policy or
policies shall provide that the policy is primary and shall apply without regard
to other policies separately carried. The initial amount of required insurance
shall be at least $1,000,000.00 Combined Single Limit for Personal Injury,
Bodily Injury, including Death and Property Damage, and shall be subject to
period increases based upon inflation, recommendation of professional
insurance advisors, and other relevant factors.
b. City, its elected officials, officers, agents and employees must be named as an
additional insured under all liability insurance policies required by this Permit.
All policies shall be endorsed to provide a waiver of subrogation in favor of the
City. All policies shall be endorsed to include the following provision: "It is
agreed that this policy is not subject to cancellation, nonrenewal, material
change, or reduction in coverage until ten (10) days prior written notice has
been given to the City Secretary of the City of Lubbock.” The insurance carrier
must be authorized to do business in the State of Texas and must be rated A- or
better by AM Best rating. A certificate of insurance reflecting the required
coverage shall be presented to City prior to City's approval and execution of
this Permit. Subsequent certificates of insurance shall be provided to City
whenever Permittee renews, changes or amends their insurance policies or upon
request by City.
21. Indemnity. PERMITTEE SHALL INDEMNIFY AND SAVE HARMLESS
THE CITY OF LUBBOCK AND ITS ELECTED OFFICIALS, OFFICERS, AGENTS, AND
EMPLOYEES FROM ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS, OR
LIABILITY OF ANY KIND, CHARACTER, TYPE, OR DESCRIPTION, INCLUDING
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL EXPENSES
OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR INJURY OR
DEATH TO ANY PERSON, OR INJURY TO ANY PROPERTY, RECEIVED OR
SUSTAINED BY ANY PERSON OR PERSONS OR PROPERTY, TO THE EXTENT
ARISING OUT OF, RELATED TO OR OCCASIONED BY, THE NEGLIGENT ACTS OF
PERMITTEE, ITS AGENTS, EMPLOYEES, AND/OR CUSTOMERS OR INVITEES,
Page 11 of 13
RELATED TO THE PERFORMANCE, OPERATIONS OR OMISSIONS UNDER THIS
PERMIT AND/OR THE USE OR OCCUPATION OF CITY OWNED PROPERTY
AND/OR RIGHT-OF-WAY. THE INDEMNITY OBLIGATION PROVIDED HEREIN
SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS PERMIT.
22. Contract with Institution of Higher Education. Permittee must have a current
contract with one or more of the institutions of higher education within the City of Lubbock and
be able to supply the City Secretary with proof of said contract per section 8.21.002 of the City of
Lubbock Code of Ordinances.
23. Compliance with Law. Permittee shall, at its own cost and expense, comply with
all applicable laws, including but not limited to existing zoning ordinances, governmental rules
and regulations enacted or promulgated by any governmental authority and shall promptly execute
and fulfill all orders and requirements imposed by such governmental authorities for the correction,
prevention and abatement of nuisances in or upon or connected with said premises because of
Permittee's use thereof. Permittee shall also comply with all laws and regulations pertaining to
hazardous waste, hazardous materials and the environment.
24. Condition upon Termination. Upon termination of this Permit due to default or
convenience to the Permittee, Permittee shall immediately vacate the Right-of-Way, removing all
improvements and personal property so as to return the Right-of-Way to the condition which
existed on the date this Permit was executed. All personal property not removed at City's request
shall become City's property at no cost or expense to City. Upon termination of this Permit for
default of or convenience to the City, Permittee shall have fourteen (14) calendar days to remove
all improvements and personal property so as to return the Right-of-Way to the condition which
existed on the date this Permit was executed. All personal property not removed at the City’s
request at the end of the fourteen (14) calendar days shall become City’s property at no cost or
expense to City.
25. Assignment and Subletting. This Permit is personal to Permittee and may not be
sold, transferred, assigned or sublet without prior written approval by an authorized representative
of City.
Page 12 of 13
26. Notices. All written notices required under this Permit must be hand delivered or
sent by certified mail, return receipt requested, and addressed to the proper party at the following
addresses:
CITY
City of Lubbock
Attention: City Secretary
1625 13th Street, Room 206
Lubbock, TX 79457
PERMITTEE
Company Name: ___________________
Address: _________________________
_________________________
Phone No.: _________________________
Email: _____________________________
Program Manager Name: ________________________
Direct Contact Number: __________________________
Email: __________________________
Address: __________________________
__________________________
Each party may change the address to which notices are to be sent by giving the other party
notice, within ten (10) days, of the new address in the manner provided by this paragraph.
27. Default. It is understood and agreed that, in case of default by Permittee in any of
the terms and conditions herein stated and such default continues for a period of ten (10) calendar
days after City notifies Permittee of such default, City may, at its election, terminate this Permit
and upon such termination all rights of the Permittee hereunder shall cease and come to an end. If
such termination results from Permittee's default there shall be no prorated refund to Permittee of
the Permit fee for the then current term. However, in the event that termination of this Permit is
for the convenience, City shall refund to Permittee the prorated portion of the Permit fee for the
then current term. If Permittee files for bankruptcy it shall be a default under this Permit.
Page 13 of 13
28. Prior Agreements. This Permit constitutes the sole and only agreement of the
parties and supersedes any prior understandings or written or oral agreements between the parties
respecting the subject matter of this Permit.
29. Texas Law. This Permit shall be construed under, and in accordance with, the laws
of the State of Texas. Venue shall lie in Lubbock County, Texas.
30. Amendment. No amendment, modification, or alteration of the terms of this Permit
shall be binding unless it is in writing, dated subsequent to this Permit, and duly executed by the
parties to this Permit.
31. Authority to Sign. The undersigned officers and/or agents of the parties hereto are
the properly authorized officials and have the necessary authority to execute this Permit on behalf
of the parties hereto.
EXECUTED as of the _____ day of _______________, 2018.
CITY
CITY OF LUBBOCK, TEXAS
A home-rule municipal corporation
By:_____________________________
Becky Garza, City Secretary
PERMITTEE
___________________________
A _____________ Corporation
By:_____________________________
Name, Title