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HomeMy WebLinkAboutOrdinance - 2008-O0076 - Amending Chapt. 27: Taxi Cab/Limousines Rack Prices For Gasoline - 08/19/2008First. Reading August. 19, 2008 It.em No. 2.8 ORDINANCE NO. 2008-00076 Second Reading August 28, 2008 It.em No. 5.5 AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY AMENDING SECTION 27-59 TO ESTABLISH A PROCESS FOR SETTING RATES FOR PERMIT HOLDERS FOR TAXICABS AND LIMOUSINES BY TYING SAID RATE TO RACK PRICES FOR GASOLINE AS SET FORTH IN THE OIL PRICE INFORMATION SERVICE PRICE AND DELIVERY REPORT FOR LUBBOCK; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, it is the intent of the City Council to protect the public health, safety and welfare; and WHEREAS, State law, at Texas Local Government Code Section 215.004(a), mandates that municipalities license, control and otherwise regulate taxicab and limousine transportation services by ordinance; and WHEREAS, the City of Lubbock taxicab and limousine regulations are located in City Code Chapter 27; and WHEREAS, State law, at Texas Local Government Code Section 215.004(b)(2), states that the ordinance may include the regulation of the rates charged for the provision of the taxicab services; and WHEREAS, recently, the price of gasoline has risen significantly; and WHEREAS, because fuel cost is a major expense in operating taxicab and limousine services, this rise has had a detrimental financial impact on the taxicab and limousine industry; and WHEREAS, because taxicab and limousine fares are established by ordinance, the taxicab and limousine industry is unable to compensate for dramatic fuel price increases; and WHEREAS, it is therefore advisable to establish a fuel surcharge that serves to offset fuel price increases; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Sec. 27-59 of the Code of Ordinances, City of Lubbock, Texas, is hereby amended to add the following provisions: (c) A maximum fuel surcharge shall be added to the fares established by this section where the rack price average for unleaded gasoline as set forth in the Oil Price Information Service Price and Delivery Report for Lubbock is $3.00 or greater. The maximum fuel surcharge shall be as follows: Average Gasoline Price Under$3.00 $3.00-3.49 $3.50-3.99 $4.00-4.49 $4.50-4.99 $5.00-5.49 $5.50-5.99 $6.00 and above Per-Trip Fuel Surcharge for Taxicab Service No Surcharge $0.50 $1.00 $1.50 $2.00 $2.50 $3.00 $3.50 Per-Hour Surcharge for Limousine Service No Surcharge $2.00 $4.00 $6.00 $8.00 $10.00 $12.00 $14.00 (d) In this section, the tenn "rack price average for unleaded gasoline" shall be detennined and established on the first Monday of each month as published in the "Oil Price Infonnation Service" Price and Delivery Report for Lubbock, Texas. Said price shall remain firm for the month following. (e) Any other increase in any other fare or rate shall be governed by Section 27-59(a)-(b). SECTION 2. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 3. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. SECTION 4. THAT this Ordinance shall be effective immediately upon passage by the City Council. AND IT IS SO ORDERED. Passed by the City Council on first reading this 19thday of __ Au_gu=.:.....;s_t __ , 2008. Passed by the City Council on second reading this 28:b. day of Au~st ATTEST: ~~<~~ RebeZ aoarza:&y SecretarY APPROVED AS TO CONTENT: Lee Ann Dumbauld City Manager APPROVED AS TO FORM: ~' a eaver, Ass1stant 1ty Attorney TOM MARTIN, MAYOR '2008.