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March 13, 1969 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HR? T1Tl ON THE 1'iTH 11AY OF MARCH . 1969. The City Council of the City of Weat Memphis, Arkansas, met in special session at its regular meeting place in West Memphis, Arkansas, at 1:30 P.M. Thursday, March 13, 1969. The following were present: Aldermen: R. L. Smith, F. C. Weis, R. C. Bowie, H. R. Dabba, Kirby Leggett, and C. T. Rodgers; and City Attorney R. E. Wallin. Absent: Mayor Bob Eden and Aldermen R. T. Bentley and Pritchard Horton. It being determined a quorum was present, the following proceedings were had to-wit: Motion was made by Alderman Leggett, seconded by Alderman Smith: That Alderman Tilden Rodgers be elected Mayor Pro Tempore. Upon vote, the voting was as follows: Ayes: Aldermen: Smith, Weis, Bowie, Dabbs, and Leggett. Nays: None. Alderman Rodgers abstained from voting. Notice for the Special Meeting read as follows: TO: R. T. BENTLEY R. C. BOWIE H. R. DABBS PRITCHARD NORTON KIRBY LEGGETT C. T. RODGERS ROBERT SMITH F. C. WEIS, ALDERMEN, CITY OF WEST MEMPHIS, ARKANSAS You are hereby notified there will be a Special Meeting of the Council of the City of Weat Memphis, at 1:30 P.M. Thursday, March 13, 1969, in the City Hall in West Memphis, Arkansas, for the purpose of a hearing on the application for Certificate of Public Convenience for Jimmy Swan dba West Memphis Cab Co. Witness my hand this 10th day of March, 1969. ATTEST /S/ BOB EDEN, MAYOR /S/ CHARLES F. DEGRAFF, CITY CLERK WAIVER OF NOTICE AND CONSENT TO SPECIAL MEETING We, the undersigned, do hereby accept notice of this Special Meeting, waiving any and all irregularities in the service of notice and do hereby consent and agree that the Conncil of the City of West Memphis, Arkansas, shall meet at their regular meeting place at 1:30 P.M. on the 13th day oY March, 1969, for the following purpose: Hearing on the application for Certificate of Public Convenience for Jimmy Swan dba Weat Memphis Cab Company. /S/ ROBERT L. SMITH ROBERT T. BENTLEY P~i.ITCHARD NORTON TILDEN RODGERS W. K. LEGGETT H. R. DABBS 80BERT C. BOWIE F. C. WEIS Mayor Pro Tempore Rodgers informed the Council the purpose of the meeting fa to consider the application of Jimmy Swan to operate cabs in West Memphis, and among the things to consider are the need for another cab company, financial ability, ability to operate a cab company, and if a permit is granted setting a performance bond. Application for Certificate of Public Convenience Jimmy Swan DBA West Memphis Cab CompaAp filed on February 26, 1969 as follows: APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE JIMMY SWAN DBA WEST MEMPHIS CAB CO. (a) Name and Address of Applicant: JIMMY SWAN 503 Arlington West Memphis, Arkansas (b) Financial Information: ASSETS Home (503 Arlington) $12, 000. 00 Furniture and Fixtures 1, 200. 00 1968 Chevrolet automobile 2, 600. 00 1968 Chevrolet Truck 2, 000. 00 1967 Chevrolet automobile 2, 000. 00 $19, 800. 00 LIABILITIES Mortgage on Home $ 6, 000.00 General Motors Acceptance Corp. 3, 900.00 Associates Discount 1,100.00 Bank of West Memphis 1, 200.00 First National Banlc 500. 00 12, 700. 00 ESTIMATED NET WORTH $ 7, 100. 00 No Judgments are recorded against Applicant. (c) Applicant was formerly employed by Briggs Cab Co. and has had over 20 years experience in the operation of a cab company and the transportation of rassengerG. (cl) M. Lhe prr~aent 1.inic two cab companies are operating in the City of West Memphis; Briggs Cab Co. and Peoples Cab Co. Briggs Cab Co. operates 13 cabs and Peoples Cab Co. operates 3 cabs. Both of these companies operate out of the same office and at the same location. The City of West Memphis has approximately 26, 000 population and applicant believes that a total of 16 cabs cannot serve the needs of the people. Under the present operations, more than one passenger is often carried in a cab. These people are picked up at different locations, and their destinations are different. The granting of a certificate of convenience to this applicant will benefit the citizens of West Memphis and will not adversely affect the operations of the present cab companies. (e) Applicant will operate three (3) cabs. (f) Applicant will operate under the name "WEST MEMPHIS CAB CO. " which will be displ8.yed upon the vehicles. / Jimm Swan, Applicant VERIFICATION I, Jimmy Swan, do state on oath that the matters and things set forth in the foregoing Application are true and correct to the best of my knowledge, information and belief. Jimmy wan ~' Subscribed and sworn to before me this day of -~,~,zL~cc2-t- ,,, 1969. ~~. NOTARY UBLIC P/ly commission Pxpires: Response of Briggs Cab Company and Peoples Cab Company filed on March 6, 1969 etas as follows: APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE JIMMY SWAN DBA WEST MEMPHIS CAB CO. (a) Response of Briggs Cab Co, and Peoples Cab Company to the application of Jimmy Swan for authority to operate a taxicab business in the city of West Memphis. (b) The respondents deny the accuracy of the financial statement of petitioner. The respondents deny there are no recorded judgments against applicant, (c) The respondents admit that applicant formerly was employed by Briggs Cab Co. ; that he was employed as a mechanic and at times drove a cab; they deny that he has any experience in the operation of a taxicab business; they deny that he is competent or capable of operating a taxicab business and further state that during the last year of the applicant's employment with Briggs Cab Co, he was habitually under the influence of intoxicants and when he was reprimanded for his in- attention to his duties he immediately terminated his employment with Briggs Cab Co, and stated that he would go into business and put Briggs Cab Co, out of business. (d) The respondents admit that they have sixteen cabs in operation; that they have ample cabs to take care of all of the taxicab business in the city of West Memphis; that many days most of those cabs are idle a good portion of the day. That the respondents have approximately $200, 000, 00 invested in their business; that the applicant is at present operating a taxicab business wholly in violation of Ordinance No. 449; that they have no meters on the cabs; that they have complied with none of the provisions of said Ordinance No. 449. That the granting of a license to the applicant would have serious financial consequence on the respondent; that the needs and necessities of the citizens of West Memphis will not be well served by the granting of such license and on the contrary will result in a disservice to the citizens of West Memphis. There there is no necessity for additional cabs on the streets of West Memphis and if there was the respondents would supply them, (e) It is the information of the respondents that the applicant proposes to employ individuals who own automobiles to use their private automobiles as taxicabs; that the applicant will then have no control over the manner of operation of said taxicabs and that such practice will result iri chaotic conditions. 2. WHEREFORE, these respondents deny that there is any need or necessity for another taxicab business; that the permit under which the applicant is presently operating should be revoked and the application denied. BRIGGS CAB CO, and PEOPLES CAB COMPANY, Respondents BY SPEARS & S OAN, Their Attorneys By: J. H. Spears ~~ The subject of permit and operation of Briggs Cab Compat~• was brought to the Council's attention, and the subject rulglout of order for the special meeting that it would have to be considered at a Council meeting at another time. Mr. C. B. Nance, Jr. Attorney for Mr. Swan presented ,the following amended financial statement: FINANCIAL STATEMENT OF JIMMY SWAN March 10, 1969 Cash & Bank Accounts, Personal $400.00 ASSETS: Horne $12, 000.00 1968 Chevrolet automobile 2, 600.00 1968 Chevrolet truck 2, 000.00 1967 Chevrolet automobile 2, 000.00 Furniture & Fixtures 3, 000.00 TOTAL 21, 600.00 TOTAL ASSETS $22, 000.00 LIABILITIES: Mortgage on home $6, 000. 00 73ank of West Memphis 1, 200.00 T'irst National (Sank in West Memphis 672.78 Sears 312.46 Redisco 1, 355.07 TOTAL 9, 540. 31 ESTIMATED NET WORTH $12, 459.69 "~ i~ pia ~. ~, 13~s: ~8 In response to questions by his Attorney, Mr. C. B. Nance, Jr., Mr. Swan stated he had experience in operation of a cab company due to working for Mr. Jack Briggs for trenty years, has three cabs available for operation, and finances to operate a dab company. Questioned by members of the Council as to his drinking, Mr. Swan stated he used to drink but had quit since about Christmas. Mr. Swan was questioned by Attorney J. H. Spears as to the financial state- ment presented, judgments against him in Arkansas and other states, drinking habits, loans from Mr. Jack Briggs, assistance of Mr. Briggs in payment of checks given while Mr. Swan was drinking, signing of a bank note by Mr. Briggs, experiences in operation of a trucking company, and behavior during employment with Briggs Cab Company. Witnesses called by Mr. Nance on behalf of Mr. Swan were as follows: Mrs. Florence Owen - 701 W. Barton M~. Owen stated she is of the opinion Mr. Swan is qualified to operate a cab company, and sometimes it is necessary to call two or three times for guests at her motel to obtain a cab. In reply to questions by Mr. Spears, Mra. Owen stated guest had to wait sometimes as long as ~t5 minutes for a cab. Mrs. Alice 5ampley - 602 E. Jackson Mrs. Sampley stated she frequently rides in cabs and has had to wait for cab service. Mr. Spears questioned Mrs. Sampley as to association of her husband and Mr. Swan and their drinking, also the use of Mr. Swan's truck by the Sampley family. Mr. Tommy Lynn Mr. Lynn stated he had trouble getting a cab when called last year. Also checked the mileage and found was overcharged by the meter. After argument by Attorney Nance for granting of certificate and Attorney Spears against granting the certificate, the Council recessed for 10 minutes. ~~ Mayor Pro Tem Rodgers announced the Hearing would continue to give everyone interested an opportunity to speak. Witnesses called. by Attorney J. H. Spears were as follows: Tommy Lynn was recalled by Attorney Spears and questioned about his operation of a cab company, and Mr. Lynn stated he did not have to say why or how he got out of the cab business. Mr. H. C. Smith - 520 N. 14th Mr. Smith stated he is the manager of Briggs Cab Company, and usually no one has to wait longer than 15 minutes for a cab. Mr. Smith was questioned as to years employed by the Cab Compar-y, number of cabs and employees, peak hours for cab business, weather effecting cab service, necessity of another cab company, operation of trucking business by Mr. Swan, an incident involving a load of cotton brought to the front of Briggs Cab Company by Mr. Swan, episodes involving Mr. Swan, other employees, and Mr. Smith. Mr. C. E. "Jack" Briggs - 304 S. 21st Street Mr. Hrigga informed the Council of his purchase of the cab company, operation as to number of cabs available, necessity, peak hours, cost of cabs, radio equipment, land, shop, meters, supervision of personnel, oversupply of cabs lead to dealing in narcotics, whiskey peddling and prostitution, operation of Mr. Swan's trucking buaineas, financial assistance to Mr. Swan, excessive drinking of Mr. Swan, and association with Mr. Swan for the past twenty years. Mra. C. E. Briggs - 304 S. 21st Street Mrs. Briggs explained her duties with the cab company, surplus of drivers and equipment ofcthe cab company, availability of cabs when called, request for special drivers, behavior of Mr. Swan while employed by Briggs Cab Company. Mr. J. H. Hale - Hale Insurance Agency, Inc. -Crawfordsville Mr. Hale informed the Council of vehicles owned by Jimmy Swan insured by his company, bnt stated could not reveal information as to number of accidents the vehicles were involved while covered by his company. Mrs. Stewart Riley - 233 W. Bond Mra. Riley stated her calls for cabs to go to the doctor, work, and take her children to school have been promptly ansxered. After a summary of the matters presented by the Attorneys, Mayor Pro Tem Rodgers announced anyone in the audience could now speak for or against the application. No one requested permission to speak. Thereupon, the Mayor Pro Tem presented the question: Those in favor of granting the application for Certificate 6f":'Public Convenience of Jimmy Swan DBA Weat Memphis Cab Company to vote "Yes", or if against the application to vote "No". Upon roll call vote, the voting was as follows: Yea: Alderman Bowie. No: Aldermen: Smith, Weie, Dabba, Leggett, and Rodgers. No further buaineas being presented, the meeting was adjourned. AT g: APPROVED: MARCH 2Q 1969