1949 05 26 CC Minutes, Special172
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
May 26, 1949
The city council of the City of Baytown, Texas, met in special session on Thurs-
day, May 26, 1949, at 7:45 p.m. in the council room of the Baytown city hall with the
following members in attendance:
J. A. Ward Mayor
Rufus B. Bergeron
Councilman
H. I. Davie
Councilman
Fahy Godfrey
Councilman
R. H. Pruett
Councilman
W. C. Williams
Councilman
C. Darwin Middleton City Manager
David Donoghue City Attorney
Edna Oliver City Clerk
Absents J. A. Stroud Councilman
Mayor Ward called the meeting to order, and asked the City Attorney to explain
the purpose of the meeting. The City Attorney thereupon declared that the purpose
of the meeting was for the holding of a hearing to determine the question whether or
not the city council should adopt a resolution approving the sale and transfer of the
Certificate of Public Convenience and Necessity of the White Line Taxi owned by Roy
M. Sherman to L. S. Williams. For the guidance of the council, and those present, he
read the applicable provision of Section 7 of the Taxicab Ordinance of the City of B
Baytown pertaining to transfers of franchises. He then called tpon Mr. Irvin Flowers,
attorney for L. S. Williams, to present his case on.behalf of Mr. Williams.
Mr. Flowers stated that they were asking permission to purchase the franchise
formerly held by the White Line Taxi subject to the approval of the City Council.
Mr. Flowers questioned Mr. Williams and developed the fact that Mr. Ailliams was at
present operating the Safe -Way Taxi Line and that he had been operating cabs in the
city for the past several years; that he had obtained a Bill of Sale from Roy M.
Sherman covering the franchise of the White Line Taxi. The Bill of Sale was in-
troduced in evidence and presented to the council for inspection.
Mr. C. D. Little, attorney for Red Top Taxi Linea, cross - examined Mr. Williams
and thereafter in a statement to the council questioned the fitness of Mr. Williams
and the validity of the transfer. He also made the contention that under the terms
of the ordinance the franchise of Roy M. Sherman had been revoked automatically under
the provisions of Paragraph (d) of Section 11 of the ordinance. He cited as his
reasons for making the statement various facts such as a written statement from the
tax collector's office showing that the White Line Taxi wax delinquent in its ad
valorem tax and 2 per cent gross proceeds payments; that Mr. Sherman had abandoned
his franchise and left town; that his insurance had been cancelled on his cabs.
Councilman Davis requested to be excused from council meeting for professional
duties.
After considerable discussion Mr. Pruett made the motion that the franchise of
Roy M. Sherman ( White Line Taxi) Be declared forfeited under the provisions of Para-
graph (d) of Section 11 of the ordinance and that five (5) additional permits be grant-
ed to L. S. Williams of the Safe Way Line and Five addition permits to the Red Top
Taxi. The motion died for lack of a second.
An additional motion was made by Councilman Pruett that the franchise of
Roy M. Sherman of White Line Taxi be declared forfiited in accordance with Para-
graph (d) of Section 11 of the ordinance of the City of Baytown for the following
reasons: Allowing personal ad valorem tax to becomd ddelinquent, 9441u® to promply
pay March and April gross receipts proceeds payments, operation of babe after -
cancellation of performance band and insurance policies, abandonment of franchise,
failure to render proper service tothe public. Councilman Godfrey seconded the
motion. The roll call vote was as followss
Roll Calls Ayess Mayor Ward Nayss None
Councilman Bergeron
Godfrey
Pruett
s Williams
May 26, 1949 178
Erwin Flowers, attorney for Safeway Cab called the council(s attention to
the fact that an application had been previously filed with the City Manager on March
Br 1949. on behalf of Mr. L.S. Williams wherein`.tha Llatter asked for five (5) ad-
ditional permits for hhe 77 of Safe Way Cab Line. He further stated that a hearing
upon this application had been postponed by mutual agreement ofaall concerned. M . F
Flowers then asked permission to hale the matter of the granting of said five(5)-
additional permits to Mr. Williams taken up at the heating. Mr. James C. Martin,
holder of to Red T611 Franchise, the only taxi franchise holder in the city, stated
that he had no objection fo the matter being considered, however, that he intended to
likewise file an application for five(5) additional permits.
Mr. Flowers then introduced evidence as to the public necessity and for the grant-
, ing of the five (5) additional permits to L. S. Williams. Mr. Williams presented
records for the months of January, February and March showing the number of telephone
calls to the dispatcher. Mr. Claud Sherman, dispatcherfor the Safe Way Line testi-
fied in person as to the volume of business handled by the line and requests for
service. Among other things, he stated that approximately 100 telephone calls a day
were received at the dispatcherts office and thirty (30) of these he was unable to
fill due to inadequate number of cabs.
The City attorney questioned Mr. Williams about the arrangement he made as
operator with the drivers of cabs owning their own vehicles. Mr. Williams declared
that he received $1.50 a day from the drivers; that he had the -right to discharge
them if they did not operate their cars according to his standards; that he had
regulations for the drivers to follow; that he fdrbids them to drink while on the
job; that he required the drivers to keep their cabs in good mechanical condition.
A motion was made by Councilman Bergeron that five (5) additional permits be
granted to L. S. Williams of Safe Way 04b Lines in accordnace with application filed.
Councilman Pruett seconded the motion. The roll call vote was as follows:
Roll Call: Ayee: Mayor Ward Nays: None
Councilman Bergeron
u Godfrey
" Pruett
" Williams
Councilman Pruett made a motion to adjourn. Councilman Bergeron seconded the
motion. The ayes were unanimous and the mayor declaredthe mbbting adjourned.
ATTEST:
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