Loading...
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 He also made the contention that under the terms of the ordinance the franchise of Roy M. Sherman had been revoked automatically under the provisions of Paragraph (d) of Section 11 of the ordinance.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: Edna na 0 ver, er r