§ 9-54. Contracts; specified service areas; commercial carrier service.

(a)

Contract service. Where the director finds that reliable, modestly-priced, scheduled, on-demand or pre-arranged commercial carrier service between an airport(s) and one or more specified points or service areas would be beneficial to the traveling public and should be assured by one or more contracts, the director may recommend that the city enter into one or more contracts for any such service. Any such contract must be approved by the city council and must contain the requirement that the operator maintain fares and other service standards.

(b)

Specified service areas, designation. If such a contract would require a substantial financial investment by an operator, the contract may designate a specified service area that the contractor must serve, and the contract may include restrictions on granting others the right to use airport property to provide the same or similar service. However, it is the policy of the city that a contract containing such restrictions:

(1)

Should be made, to the greatest extent practicable, only after seeking competitive proposals;

(2)

Should be made with an operator that can provide low passenger fares consistent with good service and financial stability; and

(3)

Should have a term no longer than is reasonably necessary to induce the operator to make the necessary financial investment or commitment.

(c)

Specified service areas, details. A specified service area for a given airport shall not be substantially larger than is reasonably necessary, in the judgment of the director, to assure that the contracted-for service will be financially viable, modestly priced and reasonably frequent. The director may amend a specified service area from time to time, unless otherwise limited by contract. The director may decline to issue an airport use permit authorizing the use of airport property to provide commercial carrier service to or from points within any specified service area unless the director determines that the service in question:

(1)

Would benefit the traveling public;

(2)

Would be consistent with the practical and efficient operation of the airport in question; and

(3)

Would not violate any contractual arrangements in process or in effect.

(d)

Commercial carrier service, generally. The director shall insert conditions into each permit for commercial carrier service to require:

(1)

Maintenance of a regular, predetermined schedule (which must be defined in terms of departure times, arrival times, pickup points, and discharge points, or in other terms such as routes or places served and minimum headways or maximum waiting times, all of which must provide enough detail to inform a traveler as to when and where the service will be provided); and

(2)

Publication of the schedule and the carrier's fares in a manner acceptable to the director.

(e)

Commercial carrier service, additional conditions. The director may also insert conditions into any permit for commercial carrier service to require one or more of the following:

(1)

Termination of the permit after a temporary period shorter than the normal term of a permit.

(2)

Payment of additional fees to the city upon noncompliance with the permit.

(3)

Maintenance of vehicles of the capacity, quality, condition, and age required to comply with regulatory approvals and with the applicant's proposal or contract with the city.

(4)

Posting of a performance bond or other performance security to assure compliance with the permit.

(5)

Specification of points or areas to or from which service may not be provided, including, for example, specified service areas.

(Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 06-947, § 1, 9-13-06)