1040v
ORDINANCE N0.
AN ORDINANCE TO AMEND ORDINANCE N0. 44g, DATED,
JANUARY 6, 1964, REGULATING AND LICENSING
TAXI-CABS IN THE CITY OF WEST MEMPHIS, ARKANSAS,
DECLARING AN ET~~RGENCY,AND FOR OTHER PURPOSES.
~r BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
SECTION 1. Section Six (6) of Ordinance No. 44g,
dated, January 6, 1864, is amended as follows:
"No Certificate of Public Convenience and Necessity
shall be issued or continued in operation unless a Bond
signed by a solvent surety company authorized to do business
in Arkansas is filed in the amount of Five Thousand Dollars,
($5,000.00), conditioned upon said applicant, establishing,
maintaining and continuing the proposed service until such
time as the permit issued to applicant is cancelled, withdrawn,
or has expired. It is further provided that the holder shall
provide continuous taxi-cab service in the City of West Memphis
on an exclusive basis and will continue to do so unless
sixty (60) days Notice in writing is given the City of
West Memphis, Arkansas, to abandon the concession, which Notice
must be sent b,y Registered Mail, addressed to the City of
West Memphis, City Hall, 205 South Redding St., West Memphis,
Arkansas, 72301.
The applicant, may, in lieu of bond, file a Liability
Insurance Policy, issued by an insurance company authorized
to do business in this State, or the franchise holder may
purchase a Certificate of Deposit in the amount of
Five Thousand Dollars ($5,000.00) with interest to go to the
holder, from a bank in the City of West Memphis, Arkansas.
Liability Insurance shall be maintained on all vehicles
operated by the franchise holder in the City of West Memphis,
Arkansas, in the following amounts:
Fifty Thousand Dollars ($50,000.00) property damage;
One Hundred Thousand Dollars ($100,000.00) each person;
Three Hundred Thousand Dollars ($300,000.00)for each
accident that might occur while such taxi-cab service
is being operated in the City of West Memphis, Arkansas.
1.
SECTION 2. Section Seven (7) of Ordinance No. 44g,
dated January 6, 1964, is amended as follows:
"No Certificate shall be issued or continued in operation
unless the holder thereof has paid an initial annual fee of
One Hundred Sixty-Five Dollars ($165.00) each year, plus an
additional Twenty-Seven Dollars and Fifty Cents ($27.50) for
each year for each vehicle operated under a Certificate of
Public Convenience and Necessity. These license fees shall be
for a calendar year and shall be in addition to any other
license fees or charges established by proper authority and
applicable to the holder or the vehicle or vehicles under
his operation and control."
SECTION 3. Section Ten (10) of Ordinance No. 1i49,
dated January 6, 1864, is amended as follows:
"TAXI-CAB DRIVER'S LICENSE AND EVIDENCE OF AUTHORIZATION.
No person shall operate a taxi-cab for hire upon the
streets of the City of West Memphis, and no person who owns or
controls a taxi-cab shall permit it to be so driven, and no
taxi-cab licensed by the City of West Memphis shall be driven
at any time for hire, unless the driver of said taxi-cab shall
have then in force a taxi-cab driver's license issued under the
provisions provided for by Ordinance No. 44g, dated Janua.r,y 6,
1964, and amendments thereto and have evidence of authorization
(as designed by the Holder and approved by the Council) from
the Holder."
SECTION .4. Section Fourteen (14) of Ordinance No. 449,
dated January 6, 1964, is amended as follows:
"Issuance of License - Duration - Annual Fee. Upon
approval of an application for taxi-cab driver's license the
City Clerk shall issue a license to the applicant which shall
bear the name, address, age, signature and photograph of the
applicant.
Such license shall be in effect for the remainder of the
calendar year. A license for every calendar year thereafter
shall issue upon the payment of $5.50 and approval of the
application unless the license for the preceding year has been
revoked."
SECTION 5. Section Sixteen (16) of Ordinance No. 449,
dated January 6, 1864, is amended as follows:
"SUSPENSION AND REVOCATION OF DRIVER'S EVIDENCE OF
AUTHORIZATION BY HOLDER.
a. The City Council is hereby given the authority to
suspend any driver's license issued under this Ordinance for
a driver's failing or refusing to comply with the provisions
2.
of this Ordinance, such suspension to last for a period of not
more than ninety (g0) days. The City Council is also given
authority to revoke any driver's license for failure to comply
with the provisions of this Ordinance. However, a license may
not be revoked unless the driver has received notice and has had
an opportunity to present evidence in his behalf.
b. The Holder of a Certificate of Public Convenience and
necessity shall have the absolute right and authority to
prohibit any driver who has been previously authorized by said
Holder to operate a taxi-cab for hire upon the streets of the
City of West Memphis from continuing to operate said taxi-cab
as a vehicle for hire for failing or refusing to comply with
any of the provisions of Ordinance No. 44g, dated January 6, 1864,
and the amendments thereto or for any other reason the Holder
may decide in his absolute discretion, it being the expressed
intent of the Council that any such driver not be granted an,y
right greater than any other private employee nor given any
vested property right by this Ordinance. The Holder or his
duly authorized agent shall give the driver notice, written
or oral, of the Holder's revocation of the driver's evidence
of authorization to operate a taxicab for hire under the
authority of the Holder's Certificate of Public Convenience
and Necessity. Upon such notification the driver shall not
operate any taxi-cab for hire which is covered b,y the Holder's
Certificate. The driver shall return the evidence of
authorization issued by the Holder. The driver's refusal to
return the evidence of authorization to operate under the Holder's
Certificate shall be a misdemeanor punishable as set out in
Ordinance No. 44g, dated January 6, 1964. Each day that
a driver refuses to return the evidence of .authorization to
the Holder or his duly authorized agent shall constitute a
separate offense punishable as set out in Ordinance No. 44g,
dated January 6, 1964.
The operation and/or attempted operation of a taxi-cab by
a driver who has been notified as hereinafter set out, by the
Holder or his duly authorized agent that his evidence of
authorization has been revoked, cancelled or voided, shall
constitute a separate offense and shall be punishable as set
out in Ordinance No. 44g, dated January 6, 1g64.
If a driver fails or refuses to return his evidence of
authorization to the Holder or his duly authorized agent when
notified, the Holder shall give written notice to the driver
who shall either acknowledge receipt of said notice or his
refusal to do so, as well as mail a Certified Copy of same to
3.
the driver's last address with written copies of said notice
to be sent to the Attorney for the City of West Memphis and
to the West Memphis Police Department who then shall take all
the necessary steps to prevent the operation or attempt to
operate a taxi-cab for hire after the driver has refused or
Ir• failed to return the evidence of authorization."
SECTION 6. Section Eighteen (18) of Ordinance No. 449,
dated January 6, 1964, is amended by deleting Paragraph (b)
in its entirety.
SECTION 7. Section Twenty-Eight (28) of Ordinance
No. 449, dated January 6, 1964, is amended b,y deleting all
of Paragraphs (a) and (b), pertaining to the Call Boxes.
All taxi-cabs operating in the City of West Memphis, Arkansas,
shall be equipped with two-way radios by the franchise holder.
SECTION 8. Ordinance No. 449, dated January 6, 1y64,
is hereby amended further by adding a new paragraph to read as
follows:
"No person who has not been granted a Certificate of
Public Convenience and Necessity by the City of West Memphis
as defined by Ordinance No. 449, dated January 6, 1964, shall
be permitted to solicit and/or accept passengers and operate
a taxi-cab as a vehicle for hire within the City Limits of
West Memphis, Arkansas, in instances where said person by
virtue of any state or federal rule, law or regulation is
legally permitted to transport passengers to the City of
West Memphis in a taxi-cab or other vehicle for hire, it being
the express intention that the franchise holder, having obtained
a Certificate of Public Convenience and Necessity and complied
with all the other provisions of Ordinance No. 449, dated,
January 6, 1964, and the amendments thereto shall be the only
person permitted to provide taxi-cab service in vehicles for
hire for passengers whose trips originate within the City Limits.
of the City of West Memphis, Arkansas.
SECTION y. All Ordinances or Parts of Ordinances in
conflict herewith are hereby repealed.
SECTION 10. Emergency Clause. It being found and determined
by the City Council of the City of West Memphis, Arkansas, that
there is an immediate need for the revision of the present
taxi--cab Ordinance No. 449, dated, January 6, 1964, an emergency
4.
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is hereby declared to exist and this Ordinance being necessary
for the preservation of the public peace, health, safety, and
vaelfare of the citizens of West Memphis, Arkansas, shall be
in full force and effect upon its)~passage and approval.
PASSED AND APPROVED this / day of ~~~ ~/Yt lJ~' ~ ,
1y80. -t-
MAYOR
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ATTEST:
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CERTIFICATE OF CONVENIENCE AND NECESSITY
Pursuant to a public hearing, heretofore held on the
21st day of
August
1880, as provided
by Arkansas Statute 19-3516, and Ordinance No. 44g and
Amendments thereto, of the City of West Memphis, Arkansas, a
Certificate of Convenience and Necessity is hereby granted:
RAZORBACK CAB COMPANY,
600 Missouri
Glest Memphis, Arkansas,
To operate not to exceed
INC .
72301
twenty (20)
taxicabs; provided that the operation under such Certificate shall
at all times comply with the provisions of Arkansas Law and the
Ordinances of the City of West Memphis, Arkansas; and, that failure
to comply therewith shall be grounds for revocation of the within
Certificate.
THEREFORE, all Certificates of Convenience heretofore issued,
(if any) to the grantees herein are hereby revoked.
IN WITNESS WHEREOF, I have signed this Certificate of
«.
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Convenience and Necessity as the Mayor of the City of West Memphis,
Arkansas, pursuant to the authority vested in me by the State Law
and the Ordinances and amendments of the City of West Memphis, Arkansas.
WITNESS my signature this ~ O day of ~ ,
- -~-J
190.
MAYOR