February 6, 1964213
PIINUTFS OF A REGULAR P:~ETING OF THE CITY COUNCIL OF THE CITY OF Wr~ST MEMPHIS, ARKANSAS,
HELD AT THE CITY HALL IN SAID CITY ON THE 6TH DAY OF FEBRUARY 1964 AT 3:00 P.N,.
The City Council of the City of West Niemohis, Arkansas, met in regular session at its
regular meeting place in West Afemphis, Arkansas, at 3:00 o'clock P.Ai. on the 6th day o£
February, 1964. There were present: hlayor Bob Eden, and Aldermen: Kirby Leggett,
Paul Matthews, Y. G. Sims, Francis Weis, R. C. Bowie, and Earl Felts, and City Attorney
W. H. Dillahunty.
Absent: Aldermen C. H. Rowton and 0. I. Bollinger.
It being determined a quorum was present, the following proceedings were had to-wit:
Ns. R. S. Rider of 232 W. Bond presented the following petition:
We, the undersigned citizens of the City of 'nest Memphis, Arkansas, petition the
City Council of the City o£ West N:emohis, Arkansas, to condemn and demolish the
following buildings located in the Compress Subdivision, West Memphis, Arkansas:
204 and 20111 West Bond St., located on E= Lot 2, Block 17
206 and 206 West Bond St., located on W2 of East z Lot 2, Block 17
207 W. Bond St., located on East a lot 9 block 14
208 and 2082 W. Bond St., located on East a of West a lot 2 block 17
210 W. Bond St., located on West 1 of West ~ lot 2 block 17
211 W. Bond St., located on West of West ~ lot 9 block 14
213 W. Bond St., located on East ~ of East ~ lot B block 1.11
215 W, Bond St,, located on West - of East - lot 8 block 111
218 W. Bond St., located on West ~ of West ~ lot 3, block 17
220 W. Bond St., located on cast ~ of East ~ lot 4 block 17
222 W. Bond St., located on West z of East z lot 4 block 17
NAI~~ ADDRESS
Dave Miller 233 ~'~est $ond
Howard T. Alooney Sr 234 W. Bond
Ralph Gox 303 W. Bond St.
Adrian Sebastian 404 West Bond
Ernest M. Holmes 400 West Bond
Donal Hutcherson 324 Bond St.
Mfrs. Earl C. Beith Sr. 216 W. Bond
Mrs. Leroy Potts 226 W. Hond
N:rs. E. H. Bogard 111 Bond
Mary Lou ]Bullock 325 Bond St.
N.rs. Ralph Grisham 219 W. Bond
N,rs. Geo. Harrison 214 W. Hond=
Scott Filler 121 W. Honda
R. S. Rider
~~ 232 W. Bond
:
After discussion, motion was made by Alderman P:atthews, seconded by Alderman Felts:
That City Building Inspector Perrine be instructed to inspect the buildings, and make
recotmnendations at the next Council Pieeting. Upon vote, the voting was as follows:
Yes: Aldermen: Leggett, Afatthews, Sims, Weis, Bowie, and Felts.
No: None.
Mr. C. B. Nance, Jr. representing the Hulbert-West Memphis School Board informed the
Cpugcil so~e of the City's Ordinances adversely affect matters of vital importance to the
School Board. Matters brought to the Council's attention were:
Requirement that bidders have city electrical, plumbing, and general contractor's license
before submitting a bid prevent the Board from receiving competitive bids, and the Board
had to reject the least bids due to amount being in excess of money available or request
additional taxes for school construction that is urgently needed.
Ordinance requirement that licensee have an established placeof business with phone in
West riemphis.
Plumbing and Electric examinations given only four times a year.
Inspector W. A. Perrine stated certain requirements were state regulations and not city
regulations. School Board members Harold Weaver, B. B. AicCarley, Fc] Lalman, Robert Buck,
and C. J. Wilson discussed with Aayor Eden, City Attorney Dillahunty, and members of the
Council various tinternretions of the ordinances, licensing requirements, regulations for
protection of citizens of West N.emohis having construction, electrical and plumbing work
performed. Plotion was made by Alderman Felts, seconded by Alderman Leggett: That the
City Attorney be requested to review city ordinances for purpose of revisions to eliminate
roadblocks in construction of public schools. Upon vote, the voting was as follows:
Yes: Aldermen: Leggett, Piatthews, Sims, 'rleis, Bowie, and Felts.
No: None.
After discussion of examinations conducted by Board o£ Electric and Plumbing Examiners,
motion was made by Alderman Howie and seconded by Alderman Leggett: That a study of
examsnation questions be made, and comparison of examinations given in dher cities. Upon
vote, the voting was as £ollows:
Yes: Aldermen: Leggett, Matthews, Sims, Weis, Bowie, and Felts.
No: None.
Mayor Eden informed the Council the terms o£ office o£ Mrs. F. E. Denson and
Mrs. L. H. Po 1k as Library Trustees have expired, and recommended their reappointment.
Motion was made by Alderman Leggett, seconded by Alderman Matthews: That appointment of
Firs. F. E. Denson and Nss. L. H. Polk as Library Trustees for a term o£ six years in
accordance with Ordinance No. 314 be confirmed. Upon vote, the voting was as follows:
Yes: Aldermen: Leggett, N:atthews, Sims, Weis, Bowie, and Felts.
No: None.
Alderman Leggett reported the committee composed of Aldermen Bowie, Weis, and himself
had accepted the bid o£ Holland Motor Compar~p submitted January lEth for a 2~ ton truck.
I:ayor Eden brought to the Council's attention the inside o£ the City Shop should be
sprayed with aluminum paint, also that the City Hall and Court Buildings should be treated
for termites. After discussion the P:ayor was authorized to proceed to have the work done.
The Council was informed the A~ Board in Little Rock had accepted the proposed
ordinance to create an Alcoholic Advisory Committee. Thereupon, Alderman Weis introduced
an ordinance entitled: "An Ordinance To Create An Alcoholic Advisory Committee; To Provide
For The Duties Of Such Committee And Declaring An Emergency" which was read in full by
Alderman Sims.
Alderman Felts then moved that the rule requiring the reading in full of an ordinance on
three different days be dispensed with. The motion was seconded by Alderman Matthews and on the
roll being called the voting was as £ollows:
Yes: Aldermen: Leggett, Matthews, Sims, Weis, Bowie, and Felts.
No: None.
The Mayor declared that more than two-thirds of the members composing the Council had
voted in favor of the motion to suspend the rule and that it was carried. Alderman Bowie
then moved that the ordinance as read be adopted. This motion was duly seconded by
Alderman Leggett, and on the roll being called the voting was as follows:
Yes: Aldermen: Leggett, 1°Iatthews, Sims, Weis, Bowie, and Felts.
No: None.
The Mayor declared that the ordinance had been adopted, and then called attention to the
fact that Section 5, the emergency section, must be adopted upon a separate roll call in order
to be effective.
Alderman ~^Ieis then read Section 5 again. Alderman Sims moved that Section 5 be adopted.
This motion was duly seconded by Alderman Felts, and on roll call the following voted:
Yes: Aldermen: Leggett, Matthews, Sims, Weis, Bowie, and Felts.
No: None.
The I~iayor then dellared that the ordinance and the emergency section had been duly passed,
and thereupon he signed the ordinance in open Council meeting, his signature was attested by
the Ci~y Clerk under the seal of the City.
The ordinance read as follows:
ORDINANCE N0, ltl18
AN ORDINANCE TO CREATE AN ALCOHOLIC ADVISORY COMP:ZTTEE; TO PROVIDE FOR THE DUTIES OF SUCH
COMN.ITTEE AND DECL&RING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF WEST Iw~iPHIS, ARKANSAS:
SECTION 1. There is hereby created an Alcoholic Advisory Con¢nittee, consisting of five (5)
citizens of West Memphis, Avansas. The City Council shall appoint four (!y) members to such
Committee and the Mayor shall appoint, with the consent of the City Council, the remaining
member of the Committee. Such members so appointed shall serve for a term of one (1) year unless
otherwise removed by the City Council or such appointment becomes vacant by reason of death,
resignation or otherwise.
SECTION 2. The Alcoholic Advisory Committee shall elect from its members a Chairman,
Vice-Chairman and a Secretary who shall serve for one (1) year or until replaced by reason of
death, resignation or removal from office.
SECTION 3. The purpose of the Alcoholic Advisory Committee is to hear complaints within
the corporate limits of the City and make or conduct investigations of alleged violations of
the laws of the State of Arkansas with reference to alcoholic beverages consumed or sold in the
City. In the event the Committee determined that there have been violations of arty law with
reference to alcoholic beverages as defined by the laws of the State of Arkansas, such Committee
shall make a report of its findings to the Alcoholic Beverage Control Board for appropriate action.
SECTION ly. Meetings of the Co:mnittee shall be held at least once a month but may be held
at any time at the call of th$:Chairman and at such other times as the Committee may determine.
SECTION 5. Emergency Clause - It being determined that this Ordinance is imunediately
necessary for the public peace, health and safety, an emergency is hereby declared and this
ordinance shall be in full force and effect from and after its passage and approval.
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Alderman Felts informed the Council he and Alderman Rowton recoTmnend N. S. Sechrest as a
member of the Committee from their Ward. After discussion, motion was made by Alderman Felts,
seconded by Alderman Howie: That the members of the Conunittee appointed by the Council shall
be Dennis Conlee, Ed Bretherick, Frank Bassett, and N. S. Sechrest, and the Mayor's appointee
George Saig be confirmed in accordance with Ordinance No. 1ya8. Upon vote, the voting was as
follows:
Yes: Aldermen: Leggett, Matthews, Sims, Weis, Bowie, and Felts.
No: None.
Mayor Eden announced as there had been many complaints of operation o£ Escape Lome the
State license will be revoked as of February 8, 19E)y.
City Attorney Dillahunty informed the Council after considerable research of taxicab
ordinances and conferences with the taxicab co:mnittee an ordinance had been prepared for their
consideration.
Alderman Leggett introduced the ordinance entitled: "An Ordinance Regulating And Licensing
Taxicabs And Taxicab Drivers And Providing Penalties For The Violation Thereof; To Repeal
Ordinance No. 112, Ordinance 126 And Ordinance No. 208 And For Other Purposes" which was read in
full by Alderman Bowie.
Alderman Matthews then moved that the rule requiring the reading in full of an ordinance on
three different days be dispensed with. The motion was seconded by Alderman Felts and on the roll
being called the voting was as follows:
Yes: Aldermen: Leggett, Matthews, Sims, Weis, Bowie, and Felts.
No: None.
The Mayor declared that more than two-thirds o£ the members composing the Council had voted in
favor of the motion to suspend the rule and that it was carried. Alderman Sims then moved that the
ordinance as read be adopted. This motion was duly seconded by Alderman Weis, and on the roll being
called the voting was as follows:
Yes: Aldermen: Leggett, N:atthews, Sims, Weis, Bowie, and Felts.
No: None.
The Mayor declared that the ordinance had been adopted, and then called attention to the fact
that Sectlon 37, the emergency section, must be adopted upon a separate roll call in order to be
effective. Alderman Leggett then read Section 37 again. Alderman Bowie moved that Section 37 be
adapted. This motion was duly seconded by Alderman Matthews, and on roll call the following voted:
Yes: Aldermen: Leggett, Matthews, Sims, Wes, Bowie, and Felts.
No: None.
The Mayor then declared that the ordinance and the emergency section had been duly passed, and
thereupon he signed the ordinance in open Council meeting, his signature was attested by the City
Clerk under the seal of the City. The ordinance read as follows:
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AN ORDINANCE REGULATING AND LICENSING TAXICABS AND
TAXICAB DRIVERS AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF; TO REPEAL ORDINANCE NO. 112,
ORDINANCE 126 AND ORDINANCE NO. 208 AND FOR OTHER
PURPOSES.
~ BE IT ORDAINED BY THE CZTY COUNCIL OF WEST MEMPHIS, ARKANSAS:
SECTION 1. Definitions. The following words and phrases
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? when used in this Ordinance have the meaning as set out herein:
(a) Call box stand means a place alongside a street, or
elsewhere where the City Council has authorized a holder of a
Certificate of Public Convenience and necessity to install a
telephone or call box for the taking of calls and the dis-
patching o£ taxicabs.
(b) Certificate means a certificate of public convenience
and necessity issued by the City of West Memphis, authorizing
the holder thereof to conduct a taxicab business in the City of i
West Memphis.
(c) Driver's license means the permission granted by the
City of West Memphis to drive a taxicab upon the streets of the
City of West Memphis.
(d) Holder means a person to whom a certificate of public
convenience and necessity has been issued.
(e) Manifest means a daily record prepared by a taxicab
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driver of all trips made by said driver showing time and place
of origin, destination, number of passengers, and the amount
of fare of each trip.
(£) open stand means a public place alongside the curb
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of a street or elsewhere, in the City of West Memphis which r
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has been designated by the City Council as reserved exclusively
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for the use of taxicabs. u
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(g) Person includes an individual, a corporation or other
`'~ legal entity, a partnership, and any unincorporated association.
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(h) Rate Card means a card issued by the City of West
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(i) Taxicab means a motor vehicle regularly engaged in
the business of carrying passengers for hire, having a seating
capacity not in excess of seven passengers and not operated on
a fixed route.
(j) Taximeter means a meter instrument or device attached
to a taxicab which measures mechanically the distance driven
and the waiting time upon which the fare is based.
(k) Waiting Time means the time when a taxicab is not
in motion £rom the time of acceptance of a passenger or passengers
to the time of discharge, but does nd: include any time that the
taxicab is not in motion if due to any cause other than the
request, act or fault of a passenger or passengers.
SECTION 2. Certificate of Public Convenience and Necessity
Required. No person shall operate or permit a taxicab owned or
controlled by him to be operated as a vehicle for hire upon the
streets of the City of West Memphis without having first
obtained a certificate of public convenience and necessity from
the City Council.
SECTION 3. Application for Certificate. An application
for a certificate shall be filed with the City Council upon
forms provided by the City of West Memphis; and said applica-
tior~ shall be verified under oath and shall furnish the Follow-
ing information:
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(a) The name and address of the applicant.
(b) The financial status of the applicant, including the
amounts of all unpaid judgments against the applicant and the
nature of the transaction or acts giving rise to said judgments.
(c) The experience of the applicant in the transportation
of passengers.
(d) Any facts which the applicant believes tend to prove
that public convenience and necessity require the granting of
a certificate.
(e) The number of vehicles to be operated or controlled
by the applicant and the location of proposed depots and
terminals.
(f) The color scheme or insignia to be used to designate
the vehicle or vehicles of the applicant.
(g) Such further information as the City Council may
require.
SECTION 4. public Hearing. Upon the filing of an applica-
tion, the City Council shall fix a time and place for a public
hearing thereon. Notice of such hearing shall be given to the
applicant and to all persons to whom certificates of public
convenience and necessity have been theretofore issued. Due
notice shall also be given the general public by posting of
such hearing in a local newspaper. Any interested person may
file with the City Council a memorandum in support of or
opposition to the issuance of a certificate.
SECTION 5. Issuance Of Certificate. If the City Council
finds that further taxicab service in the City of West Memphis
is required by the public convenience and necessity and that
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the applicant is fit, willing, and able to perform such public
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transportation and to conform to the provisions of this ordinance
and the rules and regulations promulgated by the City Council,
then the City Council shall issue a certificate stating the
name and address of the applicant, the number of vehicles
authorized under said certificate and the date of issuance;
otherwise the application shall be denied.
In making the above findings, the City Council shall
take into consideration the number of taxicabs already in
operation, whether existing transportation is adequate to
meet the public need, the probable effect of increased service
on local traffic conditions, ana the character, experience,
and responsibility of the applicant.
SECTION 6. LIABILITY INSURANCE OR BOND REQUIRED, No
certificate of public convenience and necessity shall be
issued or continued in operation unless a bond signed by a ~ j
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solvent Surety Company as provided by the laws of the State ~
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of Arkansas has been filed. j
The applicant may in lieu of the bond file a liability
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insurance policy issued by an insurance company authorized to
do business in the State of Arkansas as now provided by the y'
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laws of the State of Arkansas or as same may be amended.
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SECTION 7. License Fees. No certificate shall be issued ~'
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or continued in operation unless the holder thereof has paid an
annual license fee o£ S100.00 each year for each vehicle operated ~''
under a certificate of public convenience and necessity. Said
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license fees shall be for a calendar year and shall be in
addition to any other license fees or charges established by
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proper authority and applicable to said holder or the vehicle
or vehicles under his operation and control.
SECTION 8. TRANSFER OF CERTIFICATES. No certificate of
public convenience and necessity may be sold, assigned,
mortgaged or otherwise transferred without the consent of the
City Council.
SECTION 9. SUSPENSION AND REVOCATION OF CERTIFICATES.
A certificate issued under the provisions of this Ordinance
may be revoked or suspended by the City Council if the holder
thereof has (a) violated any of the provisions o£ this
Ordinance, (b) discontinued operations for more than ninety
(90) days, (c) has violated any ordinances of the City of
West Diemphis, or the laws of the State of Arkansas and the
United States, the violations of which reflect unfavorably on
the fitness of the holder to offer public transportation.
Prior to suspension or revocation, the holder shall be given
notice of the proposed action to be taken and shall have an
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opportunity to be heard.
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SECTION 10. TAXICAB DRIVER'S LICENSE. No person shall ~
operate a taxicab for hire upon the streets of the City of
West Memphis, and no person who owns or controls a taxicab '~
shall permit it to be so driven, and no taxicab licensed by
the City of west Memphis shall be so driven at any time for i
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hire, unless the driver of said taxicab shall have then in (
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force a taxicab driver's license issued under the provisions }}4~
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of this Ordinance.
SECTION 11. APPLICATION FOR DRIVER'S LICENSE. An applica- °}
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tion for a taxicab drivers license shall be filed with the
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City Clerk on forms provided and such application shall be
verified under oath and shall contain the following information: @~'
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(a) The names and addresses of four residents of the
City of West Memphis who have known the applicant for a period
of two (2) years and who will vouch for the sobriety, honesty
and general good character of the applicant.
(b) The experience of the applicant in the transportation
of passengers.
(c) The educational background of the applicant.
(d) A concise history of his employment. Each applica-
tion shall be accompanied by a certificate from a reputable
physician of the City of West piemphis certifying that, in his
opinion, the applicant is not inflicted with any disease or
infirmity which might make him an unsafe or unsatisfactory
driver.
SECTION 12. CURRENT STATE MOTOR VEHICLE OPERATOR'S
PERMIT REQUIRED. Each applicant shall be required to show
he has a current motor vehicle operator's permit issued by
the State of Arkansas.
SECTION 13. Police investigation of Applicant - Traffic
and Police Record. The police department shall conduct an
investigation of each applicant for a taxicab driver's license
and a report of such investigation and a copy of the traffic
and police record of the applicant, if any, shall be attached yy
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to the application for the consideration of the City Clerk.
SECTION 14. Issuance of License - Duration - Annual Fee. ;Y
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Upon approval of an application for a taxicab driver's license
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the City Clerk shall issue a license to the applicant which !'
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shall bear the name, address, color, age, signature and photograph r,~
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of the applicant.
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~ 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 S5.00 and approval of the applica-
tion unless the license for the preceding year has been revoked.
SECTION 15. Display of License. Every driver licensed
under this ordinance shall post his driver's license in such a
place as to be in full view of all passengers while such driver
is operating a taxicab.
SECTION 16. Suspension and Revocation of License. The
City Council is hereby given the authority to suspend any
driver's license issued under th is Ordinance for a driver's
failing or refusing to comply with the provisions of this
Ordinance, such suspension to last for a period of not more
than ninety (90) 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.
SECTION 17. Failure To Comply With City, State and
Federal Laws. Every driver licensed under this Ordinance shall
comply with all City, State and Federal laws. Failure to do
so will justify the City Council suspending or revoking a
license.
SECTION 18. Vehicles - Equipment and Maintenance.
(a) Vehicles Must Be Licensed. Prior to the use and
operation of any vehicle under the provisions of this Ordinance
said vehicle shall be thoroughly examined and inspected by an
authorized dealer agency to be certified as being in safe
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operating condition and found to comply with such reasonable
rules and regulations as may be prescribed by the City Council.
These rules and regulations s:ia11 be promulgated to provide
safe transportation and shall specify such safety equipment
and regulatory devices as the City Council shall deem necessary
therefore.
When the City Council finds that a vehicle has met the
standards established by the City Council, the City Clerk shall
issue a certificate to that effect, which shall also state the
authorized seating capacity of said vehicle.
(b) periodic Inspections. Every vehicle operating under
this Ordinance shall be inspected every three (3) months by an
authorized dealer agency to insure the continued maintenance
of safe operating conditions. A certificate from such authorized
dealer agency shall be presented to the City Council to the
effect that such vehicle inspected is in a safe operating
condition. i
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(c) Vehicles Must be Kept in a Clean and Sanitary
Condition. Every vehicle operating under this Ordinance shall
be kept in a clean and sanitary condition according to rules ,i
and regulations promulgated by the City Council.
SECTION 19. DESIGNATION OF TA::ICABS. Each taxicab, while
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operated, shall have on each side, in letters readable from a
distance of twenty (20) feat, the name of the owner. If more ''
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than one taxicab is operated by a person each taxicab shall be
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designated by a different number, and such number also shall so ~;
appear on each side of such ta;:icab.
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SECTION 20. TAXIMETER REQUIRED. A11 taxicabs operated
under the authority of this Ordinance when so required by the
City Council shall be equipped with taximeters fastened in
front of the passengers, visible to them at all times, day
and night; and, after sundown, the face of the taximeter shall
be illuminated. Said taximeter shall be operated mechanically
by a mechanism of standard design and construction, driven
either from the transmission or from one of the front wheels
by a fle~:ible and permanently attached driving mechanism.
They shall be sealed at all points and connections which, if
manipulated, would affect their correct reading and recording. ~
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Each taximeter shall have thereon a flag to denote when the
vehicle is employed and when it is not employed; and it shall ~
be the duty of the driver to throw the flag of such taximeter ~
into a non-recording position at the termination of each trip.
The said taximeters shall be subject to inspection £rom time
to time by the City Council or by some person or persons so
designated by the City Council. If such inspection shows
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inaccuracy of such taximeter, the City Council shall notify ~
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the person operating said tas;icab. Thereupon said taxicab
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shall be kept off the streets until the taximeter is repaired
and in the required working condition.
SECTION 21. Rates of Fare - Rate Card Required. No
owner or driver of a taxicab shall charge a greater sum for
the use of a taxicab than in accordance with rates approved by
the City Council.
Every taxicab operated under this Ordinance shall have
a rate card setting forth the authorized rates of fare displayed
in such a place as to be in view of all passengers.
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SECTION 22. RECEIPTS. The driver of any taxicab shall
upon demand by the passenger render to such passenger a receipt
for the amount charged, either by a mechanically printed receipt
or by a specially prepared receipt on which shall be the name
o£ the owner, license number or motor number, amount of meter
reading or charges and date of transaction.
SECTION 23. Receipt and Discharge of Passengers. Drivers
of taxicabs shall not receive or discharge passengers in the
roadway but shall pull up to the right-hand sidewalk as nearly
as possible or in the absence of a sidewalk, to the extreme
right-hand side of the road and there receive or discharge
passengers except upon one-way streets, where passengers may
be discharged at either the right or left-hand sidewalk, or
side of the roadway in the absence of a sidewalk.
SECTION 24. ADDITIONAL PASSENGERS. No driver shall
permit any other person to occupy or ride in said taxicab,
unless the person or persons first employing the taxicab shall
consent to the acceptance of additional passenger or passengers
SECTION 25. RESTRICTION ON NUMBER OF PASSENGERS. No
driver shall permit more persons to be carried in a taxicab
as passengers than the rated seating capacity of his taxicab
as stated in the license issued for such vehicle. A child in
arms shall not be counted as a passenger.
SECTION 26. PROHIBITION OF DRIVERS. It shall be a
violation of this Ordinance for any driver of a taxicab to
solicit business for any hotel or motel, or to attempttD
divert patronage from one hotel or motel to another. Neither
shall such driver engage in selling intoxicating liquor or
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solicit business for any house of ill repute or use his vehicle
for any purpose other than the transporting of passengers.
SECTION 27. Open Stands - Establishment - Use. (a) The
City Council is hereby authorized and empowered to establish
Open Stands in such place or places upon the streets of the
City of West Memphis as it deems necessary for the use of
taxicabs operated in the City. Said City Council shall not
create an open stand without taking into consideration the
need for Such stands by the companies and the convenience to
the general public. The City Council shall prescribe the
number of cabs that shall occupy such open stands. The City
Council shall not create an open stand in front of any place
of business where the abutting property owners object to the
same or where such stand would tend to create a traffic hazard.
(b) open stands shall be used by the different drivers
on a first come, first served basis. The driver shall pull on
to the open stand from the rear and shall advance forward as the
cabs ahead pull off. Drivers shall stay within five feet of
their cabs; they shall not solicit passengers; or, engage in
loud or boisterous talk while at an open stand. Nothing in
this Ordinance shall be construed as preventing a passenger
from boarding the cab of his choice that is parked at open
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stands.
SECTION 26. Call Box Stands - Establishment - Use.
(a) The City Council is hereby authorized and empowered
to establish Ca11 Box Stands upon the streets of West Memphis
in such places as in its discretion it deems proper. A holder
desiring to establish a Call Box Stand shall make written
application to the City Council. The applicant must attach
to the application the written approval of the abutting
property owners of said space, consenting to the creation of
such stand. Upon filing of the application the Police
'~ Departiuent shall make an investigation of the traffic con-
i ditions at said place and shall thereafter file their
recomrnendations to the City Council. The City Council shall
then either grant or refuse tiie application. When a Call Box
Stand has been established as herein provided, it shall be used
solely by the holder to whom the same was granted and his
agents and servants and no other holder shall be permitted
to use the same.
(b) Use. A holder operating a call box stand as provided
for in this Ordinance shall be allowed to have on duty at such
stand, a starter, or other employee, for the purpose of
assisting in the loading or unloading of passengers from cabs,
for receiving calls and dispatching cabs, and for soliciting
passengers at such stand. The words "at sucn stand" shall
mean tnat part of the sidewalk immediately adjacent to and of
equal lengtn with such call box stand. rt mall be unlawful
for any sucrr starter or other employee to go beyond the area
herein designated for the purpose of soliciting passengers
or assisting them in boarding such taxicabs.
SECTION 29. Prohibitions of Other Vehicles. Private or
other vehicles for hire shall not at any time occupy the space
upon the streets that has been established as either open ~
i
stands or call box stands.
SECTION 30. TAXICAB SERVICE. All persons engaged in the
taxicab business in the City of West Memphis operating under
the provisions of this Ordinance shall render an over-all
service to the public desiring to use taxicabs. Holders of
ti Certificate of Convenience and necessity shall maintain a
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central place of business and keep the same open twenty-four
K
(24) hours a day for the purpose o£ receiving calls and dis-
patching taxicabs. They shall answer all calls received by
them for services inside the corporate limits o£ West Memphis
w
g as soon as they can do so and if said services cannot be
rendered within a reasonable time-they shall then notify the
prospective passengers how long it will be before the said
call can be answered and give the reason therefor. Any holder
who shall refuse to accept a call anywhere in the corporate
limits of West Memphis at any tip when such holder has
available taxicabs; or who shall fail or refuse to give
over-all service, shall be deemed a violation of this Ordinance
and the certificate granted to such holder shall be revoked at
the discretion of the City Council.
SECTION 31. Manifests. Every driver shall maintain a
daily manifest upon which are recorded all trips made each
day, showing time and place of origin-.and destination of each
trip and amount of fare and all such completed manifests shall
be returned to the owner by the driver at the conclusion of
his tour o£ duty. Every holder shall retain and preserve all
driver's manifest for at least the calendar year next preceding
the current calendar year, and said manifests shall be available
to the City Council.
SECTION 32. ADVERTISING. Subject to the rules and
regulations o£ the City Council, it shall be lawful for any
person owning and operating a taxicab or motor vehicle for hire
to permit advertising matter to be affixed to or installed in
or on such taxicabs or motor vehicles for hire.
{: - - -
r -14-
SECTION 33. POLICE DEPARTMENT. The Police Department
i of the City of West Memphis is hereby given the authority and
is instructed to watch and observe the conduct of holders and drivers
operating under this Ordinance. Upon discovering a violation of
A
7
the provisions of this Ordinance, the Police Department shall ,
2
4 report the same. to the City Council, which will order or take
s appropriate action.
R
j SECTION 34. ORDINANCE NO. 112, ORDINANCE NO. 126 AND
I
ORDINANCE NO. 208 are hereby specifically repealed and all
other ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 35. PENALTY. Any person violating any of the t_
provisions of this Ordinance shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be punished by
imprisonment, not exceeding one (1) year, or by fine not
exceeding S250.00, or by both fine and imprisonment.
SECTION 36. SEVERABILITY. Each of the provisions of
this Ordinance are severable and if any provision shall be
't
declared to be invalid, the remaining provisions shall not be
i
affected but shall remain in full force and effect.
SECTION 37. EMERGENCY CLAUSE. It is hereby declared to be ~°'°
a fact this Ordinance is necessary for the health, safety and
well being of the citizens of Y7est Memphis therefore an emergency
is declared to exist and this Ordinance shall be in full force
and effect from and after its passage, approval and publication
as required by law.
Mayor Eden requested Alderman Felts and Piatthews to serve as substitute
members of the Police Board for a meeting after Council adjournment.
No further business being presented, motion was made by Alderman Felts,
seconded by Alderman Weia to adjourn. Upon vote, the voting was as follows:
Yes: Aldermen: Leggett, Matthews, Sims, Weis, Bowie, and Felts.
No: None.
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ATTEST: ~v~(,~ i~/„L
APPROVED: ~HRUARY 20, 1964