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CC Resolution No. 1687 91 RESOLUTION NO. 1687 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AMENDING THE GUIDELINES FOR THE SENIOR/DISABLED CITIZEN TAXICAB PROGRAM;ESTABLISHING THE COMMENCEMENT DATE FOR THE AMENDED GUIDELINES; AND PROVIDING A REPEALING CLAUSE. Vic- 1, BE IT RESOLVED BY THE CITY C, CGi✓+✓r Section 1: That the City Counci. Senior/Disabled Citizen Taxicab Program Guid Exhibit"A" and incorporated herein for all inti Section 2: That the City Council c amended guidelines referenced and incorporate November 1, 2004,but shall thereafter remain Section 3: All ordinances and reso; resolution are hereby repealed as of the effectiv, that such repeal shall be only to the extent of sut "ALWAYS THERE" shall be cumulative of other ordinances and re covered by this resolution. INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the City of Baytown this the 261h day of October, 2004. CALVIN MUNDINGER,Mayor ATTEST: G RY . SMITH, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., City iorney \\Bdc2\litigation\Karen\Files\City Council\Resolutions\SeniorCitizenTaxiCabPmgram.Guidelines102604.doc SENIOR/DISABLED CITIZEN TAXICAB PROGRAM GUIDELINES PURPOSE. The Senior/Disabled Citizen Taxicab Program (the "Program") is sponsored by the City of Baytown Community Development Block Grant program. The goal of the Program is to provide non-emergency transportation services within the city limits of Baytown to eligible senior citizens and disabled citizens. PROGRAM DESCRIPTION. Participants of this Program are required to provide proof of eligibility. Participants must apply at the Community Development office and, if eligible, will be issued a Ride Card, a sample of which is attached hereto as Exhibit "A." The Ride Card will allow participants two (2) one-way trips per month at a reduced cost. A Ride Card affords the eligible participant two (2) one-way taxicab rides per month at no charge, unless the fare exceeds SIX AND NO/100 DOLLARS ($6.00). Participants holding a Ride Card will be obligated to pay at the time of the ride all fares in excess SIX AND NO/100 DOLLARS ($6.00). When a participant needs taxicab service for non-emergency transit, he or she will call a taxicab company who has contracted with the City of Baytown (the "City") to provide this service. The taxicab company will dispatch a taxicab to pick up the participant. The participant will present his or her Ride Card along with photo identification to the taxicab driver, who will punch the Ride Card, indicating that the participant has used one of the two (2) one-way trips allowed each month pursuant to the Program. The taxicab driver will transport the participant to his or her destination within the city limits of Baytown. A Ride Ticket, a sample of which is attached hereto as Exhibit `B," will be completed by the taxicab driver and signed, if correct, by the participant at the end of each ride. The taxicab company will then submit the Ride Ticket to the City of Baytown for verification and payment in accordance with the terms and conditions of the Senior/Disabled Citizen Taxicab Program Agreement. The taxicab company shall be solely responsible to collect any amounts due from participants pursuant to this Program at the time of the transport. The City's obligation for each one-way trip shall never exceed SIX AND NO/100 DOLLARS ($6.00) for participants holding a Ride Card. ELIGIBILITY. To be eligible for participation in the Program, an applicant must: 1. be a resident of the City of Baytown and provide proof thereof, which may include one or more of the following: a. utility bills (water, electricity, gas, or phone) for at least three (3) months indicating that service is provided in the applicant's name; b. rent receipt indicating that applicant resides at the premises for which rent is being paid; and/or A 1 C. deed or lease indicating that the applicant owns/resides at the premises; 2. be either: a. 65 years of age or older and provide proof thereof, which may include one or more of the following: I. State-issued photo Identification Card and/or 2. State-issued Drivers' License; or b. have a disability as certified by the applicant's doctor on the certification form, which is attached hereto as Exhibit"D'; 3. file a completed application, a sample of which is attached hereto as Exhibit "C", and submit such completed application to the City of Baytown's Community Development Office located at 2401 Market Street, Baytown, Texas; and 4. satisfy the following income eligibility requirements: a. Participants' annual gross income must not exceed the maximum low- income limits, which will be recalculated each year based on HUD's guidelines and the median income of the Houston Primary Metropolitan Statistical Area. b. To prove the applicant meets the above-referenced income eligibility requirements, the applicant must submit with his/her application all of the following that apply: 1. Social Security Award Letter; 2. Retirement Verification; 3. Veteran's Administration Award Letter; 4, Food Stamp Award Letter; 5. Bank Statements for the past three (3) months; 6. Investment Interest; 7. Verification of Self-Employment; 8. Welfare Verification; 9. Supplemental Social Security Income Award Letter; and 10. Proof of any other source of income. INSTRUCTIONS/INFORMATION FOR PARTICIPANTS. 1. The City of Baytown will contract annually with one or more taxicab companies for the provision of transportation services pursuant to the Program. In order to obtain such services, a participant must call the taxicab company's dispatcher. The telephone numbers of participating taxicab companies shall be listed on the participant's Ride Card and shall be updated as appropriate. 2 2. Taxicabs shall be available seven (7) days per week, twenty-four (24) hours per day. 3. When contacting the taxicab company to request taxicab service, the participant must identify himself/herself as a participant of the Program. This should assist in keeping response time to a minimum. 4. A participant must take note of both the time the participant initiates a request for service and the time the taxicab arrives at the origination point to perform the services requested by the participant. 5. Once the taxicab has arrived at the origination point to perform the services requested by the participant, the participant shall be obligated to either: a. use the transportation services of the taxicab company or b. pay a $2.00 pick-up fee if the participant decides not to use the transportation services of the taxicab company after initiating the request for service. This $2.00 pick-up fee must be paid in cash by the participant rather than being charged to the Program. 6. Under the Program, a participating taxicab company shall pick up a participant at the origination point designated by the participant within the city limits of Baytown and take the participant to the destination point designated by the participant within the city limits of Baytown; provided, however, that neither the origination or destination point shall be an establishment primarily serving or selling alcoholic beverages (bars/liquor stores). The taxicab companies have been notified of this restriction and shall not accept a participant's Ride Card under the above-stated circumstances. 7. When the taxicab arrives to pick up a participant, the participant must present the Ride Card and photo identification to the taxicab driver. The taxicab driver will punch one hole in the Ride Card for the appropriate month to indicate that the participant has used the Program to obtain one (1) one-way trip in such month. If a participant's fare exceeds SIX AND NO/100 DOLLARS ($6.00), such participant shall pay that portion of the fare in excess of SIX AND NO/100 DOLLARS ($6.00) at the end of the trip. 8. Once the participant has reached the chosen destination point, the participant must check the call-time and pick-up time noted on the Ride Ticket completed by the taxicab driver. If the ticket is correct, the participant shall sign the Ride Ticket. If, however, the Ride Ticket is incorrect, the participant shall note any corrections on the Ride Ticket and initial all corrections made. The Ride Tickets shall be returned to the City of Baytown for verification prior to payment. 3 GENERAL PROGRAM RULES AND RESTRICTIONS. 1. In order for the Ride Card to be valid, the Ride Card must be signed by the participant. 2. Rides cannot be accumulated from one month to the next. Therefore, should a participant fail to use all of the rides allotted to him/her during a month, such unused rides will expire and no longer be valid. 3. The participant must be present and personally utilize the taxicab service for the Ride Card to be accepted by the taxicab driver. Another person(s) may accompany the participant at no additional charge; provided, that the other person(s) and the participant have common origination and destination points. The Ride Card cannot be loaned to any other person(s) even if such other person(s) qualifies for the Program. 4. Replacement Ride Cards may be requested by the participant in order to replace lost or stolen cards. The City of Baytown will issue only two (2) replacement Ride Cards per participant per year. If a replacement Ride Card is issued, the replacement Ride Card will be distributed by mail three (3) working days after the request for replacement has been made and will be issued only for the unused portion of the lost or stolen Ride Card. 5. Only one (1) Ride Card will be punched by the taxicab driver if all passengers embark and disembark at the same location. Therefore, two (2) to five (5) participants may ride a taxicab for the price of one (1) fare. 6. For participants who embark and/or disembark at different locations, each such participants' Ride Cards shall be punched by the taxicab driver. The taxicab company shall charge such fares in the following manner: a. The first person to disembark is charged the pick up fee plus mileage from the origination point to such person's destination point; b. The second person to disembark is charged for mileage from the first destination point to the second destination point plus the pick up fee; C. The third person is charged for mileage from the second destination point to the third destination point plus the pickup fee. If a passenger who is not a participant of the Program embarks/disembarks at a different destination than a participant, he/she must pay a cash fare. 7. Waiting time shall not be charged to the Program even if a participant asks the taxicab driver to wait. A participant who requests that a taxicab driver wait for 4 him/her is liable and, as such, must pay the taxicab driver the appropriate fare for the waiting time. 8. A round trip will be counted as two (2) one-way rides. 9. No person may smoke in a taxicab while the same is occupied by a Program participant. Neither the participant nor the taxicab driver can waive this requirement. 10. Participants must be courteous to the dispatchers of the taxicab companies as well as to the taxicab drivers. Obscene or threatening language directed at a dispatcher or taxicab driver will not be tolerated and may result in the participant's removal from the Program. 11. Participants in the Program shall comply with the rules of the Program. Upon the determination of the Community Development Planner that a violation of any provision of the guidelines has occurred, the participant may be removed from the Program. Neither the taxicab company nor any of its employees or subcontractors is authorized to make a determination regarding a participant's noncompliance with the terms and conditions of these guidelines, and therefore, may not refuse service on this basis. If the Community Development Planner determines that a participant shall be removed from the Program, the participant shall be notified of such decision in writing, which will be mailed to the address on file at the Community Development Office. Any person wishing to appeal a decision of the Community Development Coordinator, on the grounds that the decision misconstrues or wrongly interprets these guidelines may, within thirty (30) days after the decision, appeal the decision to the City Manager or his or her designee, provided that the participant gives notice of appeal in writing to the City Clerk no less that ten (10) days following the written notice of the decision which the participant is appealing. The decision of the City Manager or his or her designee shall be final and binding on the participant, the taxicab company and the City of Baytown. If the decision of the Community Development Planner is not properly appealed, the decision of the Community Development Planner shall be final and binding on the same parties. 12. Complaints regarding the Program should be made in writing and sent to the following address: Senior/Disabled Citizen Taxicab Program Community Development Department 2401 Market Street Baytown, Texas 77520. \\Bdc2\litigation\Karen\Files\Community Development\TaxiCab\TaxicabGuidelines-Oct 2002 changes1004.doc 5 EXHIBIT `A' SENIOR/��ED TT , pQRE'tiI RED TOP CAB CO. 281-422-6000 BAYTOWN EXPRESS TAXI NOV t 2 DEC 1 2 281-421-0724 JAN CARD HOLDER ENTITLED TO FEB TWO (2) ONE-WAY RIDES NOT Signature TO EXCEED S6.00. CARD I I HOLDER WILL PAY ANY POR- TION OF THE FARE OVER $6.00 2 Card# 2 PER TRIP. MAR 1 2 APR 1 2 MAY 1 2 JUN CARD HOLDER ENTITLED TO JUL TWO (2) ONE-WAY RIDES NOT I TO EXCEED S6.00. CARD I HOLDER WILL PAY ANY POR- TION OF THE FARE OVER $6.00 2 2 PER TRIP. AUG 1 2 SEP 1 2 EXHIBIT `B' RED TOP CAB COMPANY 24 Hr. 10 Hater• Baytown, Texas Courteous 281-422-6000 • 832-556-0404 and Service Dependable Service As The Name Implies Date: Cab No.: Driver: Call Tune: Pick-Up Tine: From: - To: Charge To: Signed: Card No.: Am°rnt: BAYTOWN EXPRESS TAXI PASSENGERS • DELIVERIES • COURIER 3717 Fox Dr. 261-421-0724 Baytown, TX 77521 Tlme Called Date Cab No Tlme— Driver From To Charge to Passengers Signarure, Clock No., 6 Address Charges Authorized By: Total $ POEXHIBIT `C' BAYTOWN W- SENIOR/DISABLED CITIZENS TAXICAB PROGRAM APPLICATION Applicant: First Name Last Name M.I. Social Security No. Date of Birth / Race/Ethnicity Home Phone (_) Work Phone (_) Sex Check One: Single Married Divorced Widowed Address of Applicant: (All applicants must reside within the Baytown city limits to be eligible) Baytown, TX Number Street Apartment Zip Code Mailing Address: (If different from above) Number Street Apartment City State Zip Name and Phone Number of Relative, Friend, or Neighbor who can usually contact you: Name Relation Home Phone Work Phone Income Information: Full disclosure of all income and assets must be made. Failure to disclose any income or assets is a criminal offense under Section 1001 of Title 18 of the U.S. Code. All income and assets will require verification from the providing sources before eligibility will be granted. Income includes all money flowing into the household, regardless of age of recipient. Such things as self-employment wages, AFDC, alimony, Social Security Benefits, Pensions, Child Support, regular gifts from friends or family, money earned from providing services, and interest income from bank accounts or investments must be disclosed. List yourself first. Household Member Source of Income Monthly Amount Receive Total Monthly Income Total Yearly Income I understand that assistance is contingent upon availability of funds. The above-named applicant has examined the eligibility requirements of the City of Baytown Senior/Disabled Citizen Taxicab Program and has submitted this application for participation in such program after certifying that all of the information so submitted is true and correct. It is expressly understood and agreed that should it be determined at any time by the City of Baytown, its officers, agents and/or employees that this application contains incorrect or incomplete information, the above-named individual shall be disqualified from participation in the Program and shall be required to repay the City of Baytown all expenses incurred as a result of such individual's participation. Furthermore, by submitting this application, the applicant hereby agrees to abide by all of the terms and conditions contained in the City of Baytown Senior/Disable Citizen Taxicab Program Guidelines and all amendments thereto. Failure to do so may, at the sole discretion of the City of Baytown, disqualify the applicant from further participation in the Program. Certification: The section below is to be signed by the applicant. A witness is needed for any signature made by mark. I certify this application has been completed to the best of my knowledge with complete and accurate information. I understand any false statements or omissions of facts relevant to my eligibility for assistance will be considered fraud, and that I may be prosecuted under applicable U.S. Codes for this fraud. Furthermore, I understand that assistance granted to my household based on fraudulent information must be reimbursed in whole to the City of Baytown. Applicant Date Witness (if signed by mark) The Community Development Office is wheelchair-accessible. Handicap parking spaces are available. For office use only: Full-Fare Card No. Issued Approved By Date Issued Exhibit"D" CITY OF BAYTOWN SENIOR& DISABLED CITIZENS TAXI PROGRAM DISABILITY CERTIFICATION APPLICANT Middle Name Last Name First Name Street Address City State Zip Phone Number Social Secur ty Number Date of Birth Doctor First Name Middle Name Last Name Doctor's Street Address City State Zip Nature of Disability Phone Number Type of Practice/Degree In accordance with federal law and regulation published by the Department of Housing and Urban Development, it is necessary to verify the disability status of the Applicant identified heremabove. The information provided will be used solely for the purpose of determining the applicant's eligibility for participation in the Senior/Disabled Citizen Taxicab Program funded by a Community Development Block Grant. I,the above-referenced doctor,hereby certify that in my professional opinion,the above-named applicant meets the following marked criteria: The applicant has a disability as defined in 42 U.S.C.S. 423 -- (A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months; or (B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of "blindness" as defined in section 216(i)(1) [42 U.S.C.S. §416(i)(1)1) inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. The applicant has a developmental disability as defined in 42 U.S.C.S. §6001 --a severe,chronic disability of an individual 5 years of age or older that (A) is attributable to a mental or physical impairment or combination of mental and physical impairments; (B) is manifested before the individual attains age 22; (C) is likely to continue indefinitely; (D) results in substantial functional limitations in three or more of the following areas of major life activity_ (1) self-care; (ii) receptive and expressive language; (iii) learning; (iv) mobility; (v) self-direction; (vi) capacity for independent living; and (vii) economic self-sufficiency; and (E) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services,supports,or other assistance that is of lifelong or extended duration and is individually planned and coordinated,except that such term,when applied to infants and young children means individuals from birth to age 5, inclusive, who have substantial developmental delay or specific congenital or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided. SIGNED this the_day of 12004. Signature of Doctor [Stamp of Doctor's Office]