§ 9-51. Rates generally.

(a)

Fares to be charged by taxi operators holding franchises under this article shall only be such as shall be authorized by separate ordinance by the city council, and shall be subject to change from time to time by the city council, either on its own motion or at the request of the franchise-holding operators; provided that such operators shall not request a raise in fare more often than once each year except on showing to the satisfaction of the city council that an undue hardship exists.

(b)

The fare shall provide the public with adequate taxi service at reasonable prices, but shall be conditioned to provide to all the franchise holders a fair return on their capital investment used in the city.

(c)

At any time that a question of fare shall be up for determination, the city council may hear evidence thereon, sitting as a body, or it may designate one (1) of its members to hold such hearing, or it may appoint an examiner to hear such evidence and report its findings and conclusions to the city council, together with the record of such hearing. Any holder of an operator's permit under this article shall be entitled to submit evidence at such hearing.

(d)

The capital investment used in the city by the franchise holder shall be based on replacement cost of the tangible assets used exclusively in the operation of taxicab service in the city. In no event shall capital investment used in the city by a taxicab franchise holder exceed the full value of such property as rendered to the city for taxation, plus any items shown to have been purchased or permanently assigned to use in the city subsequent to the first day of January in the year in which such hearing shall be determined. Neither a franchise under this article nor any other intangible asset shall be deemed of value for rate-fixing purposes.

(e)

The rules of evidence in effect in the civil courts of the state shall apply to all rate hearings under this section. The franchise holders, in accepting permits, specifically agreed that the final determination by the city council and the adoption of an ordinance fixing fares to be charged under this section, after a hearing as provided in this section at which the franchise holder has been afforded an opportunity to present reasonable and competent evidence and to be heard by its officers and counsel of its own choice, shall, in the absence of wilful refusal to consider the evidence submitted, be binding and conclusive on the franchise holder.

(Code 1970, § 33-80)

Charter reference

Authority of city to regulate rates, Art. II, § 14.