ORDINANCE _________________

AN ORDINANCE relating to taxicab rates; allowing for temporary fuel surcharges, and allowing for temporary suspensions of the twenty-five dollar flat rate from the downtown hotel district to Seattle-Tacoma International Airport, and amending Section 6.310.530 of the Seattle Municipal Code.

WHEREAS, the price of fuel for taxicab drivers has increased by more than thirty percent over the last month; and

WHEREAS, the City of Seattle does not presently have the ability to allow a temporary fuel surcharge for taxicab drivers when necessary; and

WHEREAS, security precautions at Seattle Tacoma International Airport creates delays and increases the trip time to the airport due to vehicle inspections and searches; and

WHEREAS, the mandatory flat rate of twenty five dollars from the downtown core to the airport does not allow the driver to adjust the fare because of such vehicle inspections; and

WHEREAS, the City of Seattle desires to give the Director of the Department of Executive Administration the authority to allow such temporary surcharges, or temporarily suspend the mandatory flat rate to the airport; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Seattle Municipal Code 6.310.530 is amended to read as follows:

SMC 6.310.530 Rates.

A. The rates for taxicabs licensed to operate in Seattle shall be established by the Seattle City Council.

B. In reviewing rates the Council may take into account, among other things, and with the objective of prescribing a just and reasonable rate, the following factors:

1. The information in a report prepared by the Director pursuant to SMC Section 6.310.520;

2. The public's need for adequate taxi service at the lowest level of charges consistent with the provision, maintenance and continuation of such service;

3. The rates of other licensees operating in similar areas;

4. The effect of such rates upon transportation of passengers by other modes of transportation;

5. The owners' need for revenue of a level that, under honest, efficient and economical management, is sufficient to cover the cost (including all operating expenses, depreciation accruals, rents, license fees and taxes of every kind) of providing adequate taxi service, plus an amount equal to such percentage of the cost as is reasonably necessary for the replacement of deteriorated taxicabs and a reasonable profit to the owner;

6. Consistency of rates with those charged by King County.

C. No taxicab shall have more than one (1) rate on its meter.

D. Except for special or contract rates as provided for in this chapter, or any per trip fee established by the Port of Seattle and set forth in any operating agreement or tariff, or an airport flat rate defined in this section, or a temporary fuel surcharge authorized by the Director pursuant to subsection I of this section, it shall be unlawful for anyone operating a taxicab licensed by The City of Seattle to advertise, charge, demand or receive any greater or lesser rate than the following:

Meter rate:

1. Drop charge: for passengers for first 1/9 mile $1.80

2. Per mile: For each 1/9 mile or fraction thereof after the first 1/9 mile .20

3. For every one (1) minute of waiting time .50*

4. Extra charge for passengers over two (2) excluding children under twelve (12) .50

* Waiting time rates are charged when taxicab speed is less than seventeen

(17) miles per hour or when taxicab is asked to wait for the customer.

E. Special Rates, Contract Rates, "Downtown to Airport" flat rate, and Coupons.

1. Special rates as defined in this chapter shall be calculated as a percentage of the meter rate.

2. The special rates must be filed with the Director on forms furnished by the Director.

3. All special rates and/or contract rates shall be filed once a year at the time of application by the taxicab association representative, or by the owner of a for-hire vehicle which is not a taxicab.

4. Licensees may change the special rates filed no more than once a year.

5. Contract rates set during the license year shall be filed within two (2) weeks of securing such contract and before implementing the contract rate.

6. All taxicabs shall charge a flat rate of Twenty-five Dollars ($25) from the downtown hotel district to Seattle-Tacoma International Airport except when contract rates are in effect for the trip, or when the Director has temporarily suspended the flat rate in accordance with subsection J of this section. The downtown hotel district is the area defined by Broad Street to Mercer Street to I-5 on the north, Elliot Bay on the west, South Dearborn Street on the south, and Boren Ave to the I-5 Freeway and then the Freeway on the east.

7. The use of coupons to establish a lower rate, or a rate not provided within this section, is prohibited.

F. For-hire Vehicle Rates.

1. Every for-hire vehicle licensee shall file all rates and charges with the director. All rates and charges, including any adopted senior citizen discount rate shall be conspicuously displayed in the interior of the for-hire vehicle so as to be readily discernible to the passenger. The Director will prescribe the manner of such posting.

2. For-hire vehicles must charge for service based on a written contract, flat charge per trip, by zone, or by an hourly rate with minimum increments of one-half (1/2) hour.

G. The rates specified in this section shall not apply to transportation of persons provided pursuant to a written contract which establishes a fare at a different rate for specified transportation and has been previously filed with the Director; provided, that no contract may include any provision the effect of which is to directly or indirectly require exclusive use of the transportation services of the contracting taxicab or for-hire vehicle.

H. It is unlawful under the Americans with Disabilities Act to charge a special service vehicle rate which is different from the taxicab rates adopted in subsection D of this section, except in those instances where the transportation of disabled persons is pursuant to a written contract as specified in subsection G of this section (Class B).

I. The Director is authorized to approve a temporary fuel surcharge to be added to the taxicab meter rate, or to the flat rate for trips from the downtown hotel district to Seattle-Tacoma International Airport, any time the price of fuel exceeds by 20% the average cost of fuel in the Seattle metropolitan area in the preceding year as published by the American Automobile Association. The surcharge shall be an amount necessary to recoup the increased fuel costs.

J. The Director is authorized to temporarily suspend the flat rate from the downtown hotel district to Seattle-Tacoma International Airport when conditions exist at the airport or elsewhere that result in an average increase of ten (10) minutes to the normal trip time and are beyond the control of the drivers. Examples of such conditions would be vehicle security checks at the airport or major construction projects on interstate 5 or state route 99 that delay traffic.

Section 2. Any act made consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 3. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2003, and signed by me in open session in authentication of its passage this _____ day of __________, 2003.

_________________________________

President of the City Council

Approved by me this ____ day of _________, 2003.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2003.

____________________________________

City Clerk

(Seal)

Mel McDonald

Fuel Surcharge ordinance

March 21, 2003

version 4