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Legislation #: 080102 Introduction Date: 1/31/2008
Type: Ordinance Effective Date: 5/1/2008
Sponsor: None
Title: Amending Chapter 6, Code of Ordinances, by repealing Sections 6-46, Fees and charges for commercial uses at airport, 6-47, Commercial ground transportation vehicles operating at the airport, and 6-48, Use fee for commercial ground transportation operating at the Airport and enacting new sections of like number and subject matter, and establishing an effective date.

Legislation History
DateMinutesDescription
1/29/2008 Filed by the Clerk's office
1/31/2008 Referred to Transportation and Infrastructure Committee
2/6/2008 Hold On Agenda (2/13/2008)
2/13/2008 Do Pass as a Committee Substitute
2/14/2008 Assigned Third Read Calendar as Substituted
2/21/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
080102.pdf Authenticated 291K Authenticated
080102 org to cs-com.mht Advertise Notice 47K compared-comm sub to orginal ordinance
080102com.doc Advertise Notice 58K compared version
Fact Sheet - Ground Transportation Ordiance.xls Fact Sheet 49K fact sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080102

 

Amending Chapter 6, Code of Ordinances, by repealing Sections 6-46, Fees and charges for commercial uses at airport, 6-47, Commercial ground transportation vehicles operating at the airport, and 6-48, Use fee for commercial ground transportation operating at the Airport and enacting new sections of like number and subject matter, and establishing an effective date.

 

WHEREAS, the City of Kansas City, Missouri (City) owns, operates and is the public agency sponsor of Kansas City International Airport and the Charles B. Wheeler Downtown Airport (airports, and individually, airport) in Kansas City, Missouri; and

Whereas, as public use sponsor of its airports, the City has received federal funds for airport purposes and has submitted certain assurances to the federal government in connection therewith (assurances); and

 

Whereas, the assurances require the City to maintain a fee and rental structure for the facilities and services at the airports which will make the airports as self-sustaining as possible under the circumstances; and

 

WHEREAS, the airports have required and will continue to require substantial capital investment for landside and airside development and substantial annual operating costs to meet the demand for air travel at the airports; and

 

WHEREAS, fees received from commercial users who chose to operate on the airports for their financial benefit are vital to the economic well-being of the airports and their ability to meet their financial obligations; and

 

WHEREAS, fees from commercial users of the airports are necessary to make the airports as self-sustaining as possible and to help defray the overall expenses of operating the airports; and

 

WHEREAS, commercial users of the airports, whether located on or off the airports, receive substantial economic benefit from airport operations and access to airport patrons for their customer bases; and

 

WHEREAS, the unregulated use of the airports poses a threat to the peace, health, economic vitality and safety of persons living in the community, the State of Missouri, and other citizens utilizing the airports; and

 

Whereas, the City has the authority under Section 305.210, RSMo, to establish and impose fees for use of the airports; and

 

WHEREAS, it is therefore reasonable and necessary to adopt and implement a Use/Privilege Fee for certain commercial enterprises that are granted the privilege of making commercial use of the airports; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 6, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 6-46, Fees and charges for commercial uses at airport, 6-47, Commercial ground transportation vehicles operating at the airport, and 6-48, Use fee for commercial ground transportation operating at the airport, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 6-46. Fees and charges for commercial uses at airport.

 

The director of aviation is hereby authorized to establish and prescribe fees and charges for those granted the privilege to use the airports for commercial purposes pursuant to section 6-32. Such persons shall pay the required fees and charges and, when required by the director of aviation, shall enter into written agreements with the city.

Sec. 6.47. Commercial Ground Transportation

 

(a)                Definitions: The following definitions shall apply to sections 6.47 and 6.48 unless the context indicates otherwise:

 

(1)               Commercial courtesy vehicle means any form of transportation traveling on streets, roads, or highways that is owned by, leased by, used by or at the request of, or procured by or at the request of, an off-airport rental car operator, off-airport parking lot operator, on-airport non-city managed/controlled parking lot operator or off-airport hotel/motel operator, their agents, employees, officers, contractors, or subcontractors for the purpose of transporting their customers to or from an airport, whether the transportation is for hire or provided without charge.

 

(2) Commercial ground transportation vehicle shall mean any vehicle engaged in the transportation of passengers for hire or compensation or incidental to or in furtherance of a commercial enterprise that accesses an airport and shall include, but shall not be limited to, the following: 

 

a. Taxicabs as defined in chapter 76, Code of Ordinances;

 

b. Livery vehicles as defined in chapter 76, Code of Ordinances, and limousines;

 

c. Contract and charter bus, minibus or vans;

 

d. Commercial courtesy vehicles

(3) Off-airport hotel/motel operator means a person, entity or business arrangement or organization that

 

a. provides any structure or building located off the airports which contains rooms furnished for the accommodation of lodging of guests, with or without meals being so provided, and kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are sought for pay or compensation to transient guests or permanent guests; and

 

b. has customers that are picked-up or delivered at an airport by commercial courtesy vehicles.

 

(4) Off-airport parking lot operator means a person, entity, business arrangement or organization that

 

a. provides vehicle parking services to its customers at a parking lot located off the airports; and

 

b. has customers that are picked-up or delivered at an airport by commercial courtesy vehicles.

 

(5) On-airport non-city managed/controlled parking lot operator means a person, entity, business arrangement or organization that

 

a. provides vehicle parking services to its customers at a parking lot located on the airports; and

 

b. has customers that are picked-up or delivered at an airport by commercial courtesy vehicles.

 

(6) Off-airport rental car operator means a person, entity, business arrangement or organization that

 

a. provides rental car services to its customers at a location off the airports; and

 

b. has customers that are picked-up or delivered at an airport by commercial courtesy vehicles.

 

(b) Use/Privilege Fee

 

(1) Each off-airport rental car operator and each off-airport parking lot operator shall enter into a written agreement with the City and pay the City a fee payable monthly based on a percentage of its gross receipts determined by the director of aviation.

 

(2) Each off-airport hotel/motel operator shall enter into a written agreement with the city and pay the city a fee payable monthly based on a charge determined by the director of aviation for each room or suite furnished for the accommodation of lodging of guests.

 

(3) Each driver of a taxicab, livery, limousine, and contract and charter bus, minibus or van shall pay the city a per trip fee determined by the director of aviation each time it picks up passengers at the airports.

 

(4) The director of aviation may determine and impose fees on those who provide, own, lease, or use or procure by or at the request of such person or entity of other commercial ground transportation vehicles not specifically listed herein.

 

(5) Providers of commercial ground transportation vehicles operating at the airports pursuant to a competitively solicited written agreement with the city shall pay fees based upon its gross revenues generated from the airports.

 

(6) The director of aviation shall, by written communication, notify the city clerk of any change in per trip user fees to be imposed pursuant to this section. The city clerk shall cause such communication to be placed on the agenda of a regular meeting of the city council, which may refer the communication to a standing committee of the city council for a public hearing. The city council upon hearing the facts may, by resolution, request that the recommended fee adjustment be altered. If no resolution is adopted within 60 days, the department recommended fees shall be deemed approved.

 

(c) Motor carriers operating under a valid certificate or permit under chapter 390, RSMo, shall not be required to enter into contracts, agreements, licenses or permits with the city but shall pay fees for the commercial use of the airport established by the director of aviation.

 

(d) The use/privilege fee shall be a fair approximation of a users proportionate share of and reasonably related to the citys cost to provide airport facilities, goods, services and customers.

 


Sec. 6-48. Commercial ground transportation vehicles operating at the Airport.

 

(a)   Soliciting business.  No driver of any commercial ground transportation vehicle of any kind, or anyone acting on behalf of such driver, shall solicit passengers on the airport for any commercial ground transportation vehicle. 

 

(b)   Vehicle parking. 

 

(1)    With the exception of drivers of livery or limousine vehicles previously engaged to pick up a passenger or passengers at an airport terminal, no driver of a commercial ground transportation vehicle shall park or leave the vehicle unattended at or near a curb adjacent to an airport passenger terminal.

 

(2) Drivers of livery or limousine vehicles previously engaged to pick up a passenger or passengers at an airport passenger terminal may park their vehicles at the curb adjacent to the airport passenger terminal for the time reasonably necessary to enter the terminal, locate the passenger(s) and assist the passenger(s) in locating and loading baggage, but in no event longer than 20 minutes. No passenger shall be accepted for any trip in such vehicle without previous engagement for such trip at a fixed charge through the station or office from which the vehicle is operated. Any livery or limousine vehicle parking at the curb adjacent to an airport terminal building with the trunk lid or luggage compartment door open at a time during which luggage or other items of property are not being actively loaded into or removed therefrom, or with one or more passenger doors standing open at a time during which passengers are not in the process of entering or leaving the vehicle, shall be deemed to be awaiting patronage not prearranged, in violation of this section.

 

(3) Livery and limousine vehicles operating under valid permits or certificates issued pursuant to chapter 390, RSMO, shall be marked and signed in accordance with the rules and regulations of the state. All other commercial ground transportation vehicles shall display in plain view at all times on the outside of the right front door, in letters at least three inches in height, the following information, "This Vehicle in Service--Not for Hire."

 

(c) Rental car operator ground transportation.

 

(1) All customers of on-airport and off-airport rental car operators must be transported between the Kansas City International Airport (KCI) terminals (terminals) and the consolidated rental car facility located on KCI (facility) by the use of a common, consolidated bus service system (consolidated bus service).

 

(2) All off-airport rental car operators will pick up and drop off their customers at the facility.

 

(3) No driver of a vehicle transporting a customer of an on-airport or an off-airport rental car operator will pick up or drop off a customer at the terminals or the KCIs public parking facilities by use of any bus, shuttle or other vehicle other than the consolidated bus service.

 

(4) Notwithstanding the provisions of subsection (c) of this section, only by prior written agreement with, at the sole discretion of the director of aviation, and payment of any fee required, an off-airport or on-airport rental car agency may provide limited valet service using unmarked sedan-type vehicles between its on-airport or off-airport place of business and the airport terminals.

 

Section 2. This ordinance shall take effect on May 1, 2008.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Dorothy L. Campbell

Assistant City Attorney