19411ORDINANCE NO. 19,411
E
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE § 34 -43 (1988)
4 TO ADD A PROVISION FOR A PER TRIP CHARGE THAT CAN BE ASSESSED
s WHEN THERE HAS BEEN A DRAMATIC INCREASE IN THE PRICE OF GASOLINE;
6 TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
8 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, has adopted a
9 comprehensive Transportation Code which governs the operation of vehicles for hire
10 within the corporate limits of the City, and
11 WHEREAS, Section 34 -43 sets out in detail the rates and additional charges that can
12 be charged to passengers of properly licensed vehicles for hire, and
13 WHEREAS, it has been reported to the City by the Greater Little Rock Transportation
14 Service that since January 1, 2005, the price of a gallon a gasoline, or if appropriate
15 some other fuel, has risen by more than twenty -five percent (25%), and
16 WHEREAS, the Board of Directors notes that since the middle of August, 2005, the
» price of a gallon of gasoline in many parts of the City has exceeded three dollars a
18 gallon ($3.00 /gallon), and
19 WHEREAS, it is essential to the well -being of the City that there be appropriate vehi-
20 cles for hire to assist with the transportation of persons who do not, or cannot, use
21 other public or private transportation, but the high cost of gasoline is threatening the
22 ability of transportation providers to operate, and
23 WHEREAS, the Board of Directors would like to implement a policy that permits the
24 City Manager to make certain adjustments in appropriate circumstances, but otherwise
25 permits oversight by the Board of Directors if necessary,
[PAGE 1 OF 41
Ordinance to amend Little Rock, Ark., Rev. Code § 34 -43 (1988),
to permit trip charge when gasoline prices rise dramatically
i NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
2 LITTLE ROCK, ARKANSAS:
3 Section 1. Little Rock, Ark., Rev. Code § 34 -43 (1988) is hereby amended to add the
4 following as subsection (b)(5):
5 (b) Meter rates shall be used exclusively by all taxicabs or other demand - response
6 service vehicles, excluding waiting time, except as otherwise provided in this
7 section. The minimum or maximum rate (according to class of service) shall
8 apply to all ground transportation service vehicles permitted or operated
9 within the city limits effective as of the date of this chapter:
i0
11 (5)(A) A fuel surcharge, or an increase in the fuel surcharge, of one dollar
12 ($1.00) per trip may be authorized for each load if the City Manager
13 is requested to do so, and it determined that the price of fuel has in-
14 creased by twenty -five percent (25 %) to fifty percent (50 %) during
15 the time period of .January 1 of any given year to the date that same
16 year when the surcharge is approved;
(B) A fuel surcharge, or an increase in the fuel surcharge, of two dollars
18 ($2.00) per trip may be charged to each load if the City Manager is
19 requested to do so, and it is determined that the price of fuel has in-
20 creased by fifty percent (50 %) or more during the time period of
2i January 1 of any given year to the date that same year when the sur-
22 charge is approved;
23 (C) A total surcharge per trip, as set by the Board of Directors, may be
24 charged to each load is the Board is asked to do so, and it is deter -
25 mined that an increase in the price of fuel during the time period of
(PAGE 2 OF 41
Ordinance to amend Little Rock, Ark., Rev. Code § 34 -43 (1988),
to permit trip charge when gasoline prices rise dramatically
1 January 1 of any given year to the date that same year when the sur-
e charge is approved justifies such change.
3 (D) Any surcharge set in accordance with this subsection (b)(5) shall
4 terminate:
s (i) Upon the date set when the surcharge is first approved; or
6 (ii) Upon the fulfillment of any condition or situation, such as the
7 decline of fuel prices, established when the surcharge is first
8 approved; or
9 (iii) Upon an amendment to this Section 34 -43 to include a sur-
10 charge for fuel as one of the rates and additional charges that
11 can be collected.
12 Section 2. Intent that the City Manager Initially Authorize Needed Surcharges. While
13 the Board has reserved the right formally to amend the City transportation code to au-
14 thorize a fuel surcharge to a passenger, or load of passengers, of a vehicle for hire,
15 this issue should initially be addressed by the City Manager and his staff. Section 1 of
16 this Ordinance provides the City Manager the authority to deal with most situations,
17 and requests for review by the Board of Directors of this issue should occur only when
18 the Board is presented with compelling information that the City Manager's authority
19 does not address the issue, and that the continued availability of vehicle for hire trans-
20 portation within the City is at risk.
21 Section3. Severabi/ity. The provisions of this Ordinance are hereby declared to be
22 severable. If any provision shall be held to be invalid or to be inapplicable to any per -
23 sons or circumstances, such invalidity or inapplicability shall not affect the remainder
24 of the provisions of this Ordinance.
[PAGE 3 of 41
Ordinance to amend Little Rock, Ark., Rev. Code § 34 -43 (1988),
to permit trip charge when gasoline prices rise dramatically
1 Section 4. Repealer. All laws and parts of laws are hereby repealed to the extent of
2 such inconsistency with this ordinance.
3 Section 5. Emergency Clause. The Board of Directors has determined that it is crucial
4 to the public health, safety, and welfare, that there be in place meaningful tran5porta-
5 tion service from vehicles for hire that are available to citizens and visitors to the City;
6 further, that increases in the cost of fuel can be so dramatic as to threaten the ability
7 of operators and drivers to provide this service; further, that sincejanuary 7, 2005, the
8 cost of gasoline has increased more than twenty -five percent (25°0) to the date of this
9 ordinance, which would make the application of some surcharge for fuel expense ap-
1 o propriate; an emergency is, therefore, declared to exist and this ordinance shall be in
11 full force and effect from and after the date of its passage.
12 PASSED: September 20, 2005
13 ATTEST:
14
15
16 Na aki S. Blocker, Assistant City Clerk
17 For Nancy Wood, City Clerk
18
19 APPROVED AS TO LEGAL FORM:
zo
22 Thomas M. Carpenter, City A orney
23
24
25
26
27
28
29
[PAGE 4 OF 41
Ordinance to amend Little Rock, Ark., Rev. Code § 34 -43 (1988),
to permit trip charge when gasoline prices rise dramatically
APPROVED:
Mayor Im
Jim bkley,