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HomeMy WebLinkAbout02-18-47~~~ PRESENT MINUTES BUILDING PERMITS, JACK PRICE Permit Council Minutes Pulaski, Va., February 18, 1947 The Council met in regular semi-monthly session in the Council Chamber of the Municipal building at 7;30 P. M., February 18, 1947. . There were present: Mayor A. T. Eskridge, presiding; Lottie R. Runion, clerk; A. W. Gatewood, director of public works; Roby K. Sutherland, attorney; B. C. Taylor, treasurer; L. S.Boothe, chief of p olive, and Councilmen; T. F. Wirt, C. V. Jackson, Howard R. Imboden; W. F. White, F. A.Seagle, W. D. Aust and G.C. Hall. Absent: I. R. Carper. The minutes of the regular metting held on February 6, 1947 were read and approved. The following building permits, coming within the requirements of the ordinance were granted, subject to governmental regulations: L. C. Nichols for 2-story cinder or concrete block business building with apartment on second floor, on north side of Second St. , N. E., to cost X6,000.00; L. W. Hanson for addition of 4-room - (and bath} apartment over cinder clock shoe shop building at 211 Randolph Ave., between 2nd and 3rd streets, N.W.- material to be used, conder block, estimated cost X1750.00, Jack Price (negro) was granted permission to move a small frame house (one-story from the east side of Second St.N.W., to Afitoona St., a distance of approximately one block, to cost 4~~00.00- the building t o b e used as a store room. ~. iY'. McR2i11an On motion duly made, seconded and unanimously Applications passed applications of Carlyle W. McMillan for permit for cinder block Commerce Street, to cost ~2, 000.0 on South side of were referred to power to act. one -story store room on the South side of across second N. Ec W. Railway bridge, ~, and for one-story cinder block dwelling Clark St., West Pulaski to cost !1,000.00, the Councilmen from Fourth Ward, with ARTHUR R. On motion of T. F'. Wirt, duly seconded and PICKEREL POLICE unanimously passed, the Council approved the appointment PATROLMAN of Arthur R. Pickerel, patrolman on the Police Force as of February 15, 1947, to succeed J. H. Hall resigned. Salary fixed at X150.00 per month. ~~~~1 Council Minutes cont~d Pulaski, Va., February 18, 194? PETITION g delegation appeared before the Council and MT OLIVET presented; ROAD & a petition signed by a number of citizens, requesting that the MAGAZINE STREET C-euncil give immediate consideration to improving that part of Mt Olivet Road lying within the corporate limits, and also Magazine Street- further requesting that any improvements that might be made to the said Mt. Olivet Road and Magazine .Street, be of a permanent hard surface character. On motion of Howard R. Imboden, seconded by G. C. Hall and unanimously passed, the' matter was referred to the street committee, with the director: of public works, for investigation and report. Hensel Slaughter and Forest trlilkerson appeared before; SE~'YER EXT. the Council, renewing their request for sewer connections on ` ' BEZ:LEVIEW AVE. Belleview Avenue, which request was denied at the previous me+~l~ir due to the high cost, with only two connections available at this time. After consideration, in executive session, on motioh of C. V. Jackson, seconded by T. F. Wirt and unanimously passedj, the Council instructed the director of public works to contact a those interested and advise them if' they had any further propos~- t tion they would care to submit, that the Council would give it consideration. TREAS. At the request of B. C.Taylor, treasurer, and on motif OFFIC E of T. F. Wirt, seconded by Howard R. Imboden and unanimously ', passed, the Council authorized the enlargement of the treasurer 1, office by moving the east partition about 10 feet further east.' LIGHTS The director of public works submitted three bids on Bld. s the installation of new lighting system in the Municipal building, involving the inst~l,lation of eleven new flourescent lights and i taking out sixteen old lights, with no action taken by the Council at this meeting. F~EI~NC The matter of aquiring a small additional acreage, ' i looking toward the extension of the runways at Loving Field was brought before the Council. After discussion, on motion of W.F. White, seconded by Howard R. Imboden and unanimously passed, tY~e matter was referred to the director of public works to work wit Fred N.Cole of the Board of Supervisors, in straightening out the sueveys and closing the transaction, with the provision that the County of Pulaski participate on a fifty-fifty basis with the t n. ~.. Council Minutes conttd. Pulaski, Va., February 18, 1947 LOVINCr FIEID The question of improving Loving Field by participating CAA under the new CAA regulations was brought before the Council by C. V. Jackson. The Council was told that the CAA District Engineer was expected here during the month of February to confer with the town regarding the a~,rport: ~' No action taken by the Council. BASEBALL The proposed contract between the Town of Pulaski SEASON 1947 and the Pulaski County Inc., covering the use of Calfee Field for the 1947 baseball season was submitted. After full dis- cussion in e xecutive session, on motion of W. F. White, seconded by F. A. Seagle and unanimously passed, the contract was approved with the following changes; That the fee per game be reduced from_~14:~OQ to INSURANCE; Trans- X12.50, and that the Baseball Club should carry adequate formers insurance 3;n favor of .the toxvn on the transformers to b® installed, CONTRACT Said contract is as follows; THIS AC~REEP~~NT made and entered into in duplicate this the day of 1 947, by and between the TOWN OF PULASKI, VIRCrINIA, party of the first part, and the PULASIiI C OTTNTS, INC . , party of the second part, W I T N E S S E T H; THAT for the consideration and upon the terms and conditions hereinafter mentioned, the said party of the first part doth grant unto the said party of the second part the right and privilege of, using .what is known as CALFEE PARK, located in the Town of Pulaski, Virginia, together with the necessary facilities available in connection the rewith, for the purpose of staging baseball gaii~es between professional 1 teams in the year 1947 and during the period of time hereinafte mentioned. (1) It is agreed that the said party of the second part shall have the right to the use of all necessary grounds within said park area, which includes grandstands, bleachers, ticket offices, concession stands and other necessary and available facilities, together with parking space owned and controlled by the Town without the enclosure, in connection (cont' d) Council Minutes contd. 1~ Pulaski, Va „ February 18, 1 47 with said park. (2) The said party of the first part further agrees to repair, and keep in repair the screening in front of the bleadhers 1 at the south end of the park and in front of the grandstand seats . (3) The said party of the second part shall, beginning with the regular playing season, pay to the said party of the. first part the sum of Twelve and 50/100 Dollars 012.50) for each day that a regular game is played, which said amount shal{1 be payable at 1 east weekly, or at the conclusion of each series of home games, at the election of the said party of the first part. ~ In, tkle event of a double header played on the same day where only a single admission is charged, the sum of Twelve and 50/100 Dollars 012.50} shall be paid for that days game,j but in the event two or more games shall be played on the same] day and separate admission charges are made, the amount due the party of the first part shall be Twelve and 50/100 Dollar X12.50} for each game; the said party of the second part, however, shall pay in any event the minimum sum based upon the! number of home games scheduled fo r the baseball season, and in addition thereto Twelve and 50/100 Dollars 012.50) for each ~ and every "play-off game" played on the grounds at the end of the regular scheduled games; it being also agreed that the sail party of the second part may use said park for pre-season trai~ing and for practice during the regular season whtout charge. In the event the party of the first part should ereci~ a field house at Calfee Park, providing showers and dressing j i rooms for both home and vis sting teams, then the party of the ~ second part will pay to the party of the first part an additional sum of THREE HUNDRED DOLLARS 0300.00} for the playing season,` provided the same is erected and completed by the beginning of~ the playing season of the party of the second part which will l~e about May 4, 1947; in the event such field house is comY>leted f during the playing seasons but not by the time hereinabove spe~ified, then the party of the second part shall pay an additional sum ((( which shall be that proportional part of THREE HUNDRED DOLLARS (30C.0~7) equivalent to the length of the plaging season ~_~~~~~ Council Minutes contd. Pulaski, Va., February 18, 1 947 remaining, that is to say, the sum of THREE HUNDRED DOLLARS (~300.00)shall be divided by the total number of days in the regular playing season in order to determine the per diem payments and this per diem shall be multiplied by the n~imber of days remaining in the regular playing season after said field house is completed in order to determine the amount of such add- itional payment. (4) The said party of the second part shall be entitled to the use of said park as herein specified during the full period of time covered by the schedule of games of the Appalachian League, including any play-o'fs at the end of the season, it being further understood that the regular schedule will open on or about May 4, 1947 and end on or about September 1, 1947, the said party of the second part being granted the right of placing the field in readiness for playing a reasonable length of time prior to the regular season without additional charge. . ( 5) The said party of the first part further agrees to provide the necessary transformers for electric current use by the party of the second part without expense to the party of the second part except the party of the second part shall provide adequate Insurance on the transformers in favor of the party of the first part, and the party of the first part is to bear the expense of any necessary re-wiring or repairing of the present lighting system. The said party of the first part is to keep the light- ing system in a good state of repair during the period the park is used for the purposes indicated, except that the party of the second part shall, at its expense, replace any light bulbs which burn ou,~ or become broken during the period of time it is being used, or replace any reflectors which may be broken. All reflectors and bulbs shall be placed in good condition by the s aid party of the first part after this agreement becomes operative, and at the close of the playing season the same shall be turned back to the party of `the first part in like good condition with all bulbs and reflectors replaced which are broken during the period of Council Minutes contd. Pulaski, Va., February 18, 1947 ~, 1~<~" this agreement; the party of the second part shall have the i right to .charge such an amount as agreed upon by the parties at interest and collect for the use of said lights by any oth~r party during the baseball season. (6) The said party of the second part shall pay all the; electric light bills incurred in lighting the field and/or facilities for its use. (7) The said party of the first part is to place in good condition the structural part of the grandstands, bleachers, dug-outs, screening, buildings and fences prior to the beginni~n~ of the playing season. t 1 (8) The said party of the second part agrees, at its ex apse to kee the E P , p grounds and facilities in first class con- dition, including the mowing of the grass in the entire closed portion of said park whichlies East of the grandstand and bleachers, and shall include the embankments on the East side ~f the field, and agrees further to b e responsible for repairing any damage to the grounds o r facilities arising from any cause ~durir}g its use of the park, provided the same is not caused by~ windstorm, fire and ,the over-flowage or stoppage of the drain pipe installed by the party of the first part underneath the park area, in which suc~ event the said party of the first part shall repair the damage so done. The said party of the second part further agrees that ! 1 in the use of the park it will p rotect the sod on the field i and .not damage the same except tha t it shall have the right t o ~ remove the same in the customary manner of a crass infield for baseball. The~said party of the second part is further extended the right and privilege to lay off a baseball diamond, install bases and erect a pitcher's mound. The erection of such mound, the laying off of the field and the keeping- of the same in pro r condition shall be the sole and absolute responsibility of the party of the second part, except that the playing field shall ~e on the same location as at present. (9) The party of the f first part agrees to furnish necess ry police protection for the maintenance of law and order at all e played at the park, any police officers of the town of Pulaski. s ~~ Council minutes contd. Pulaski, Va., February 1£i, 1947 Virginia shall be admitted to the games without charge. (10) It is expressly understood that the rights and INSURANCE CALFEE PARK privileges herein granted the party of the second part, do not preclude the use of the park for such other activities approved by the party of the first part so long as they do not interfere with the rights and privileges herein granted. IN WITNESS WE~REOF, the party of the first part has caused this contract to be e3xdcuted by its Mayor and attested by its Clerk, with its Corporate Seal attached, and the said party of the second part has caused the same t o be executed by its President, and attested by its Secretary, with its Corporate Seal attached, on the day and year first above written. TOWN OF PULASKI,. VI INIA By Mayo (SEAL) ATTEST; ~,~~~ /~ ~,c.c.~.~t.,~~ C 1 e rk (SEAL ~` PULASKI COUNTS, INC ORPORATED By President 1 ATTEST; Secretary The question of insurance covering the facilities at Calfee 'ark was brought before the Council, and it was the opinion of the Councilmen that this should be investigated. CONTRACTS On motion of F. A. Seagle, seconded by C. V. Jackson CALFEE PARK and unanimously passed, the Council directed that it would (Horse Show, Etc.) be necessary for any organization to enter into a contract with the town for the use of Calfee Field; and the N~ayor was instructed to notify the Pulaski Horse Show Association accordingly. (cont~d) Colzncil P~Zinutes cont'd Pulaski, Va., February 18, 194 ~`~~~ TAXICAB In the matter of the proposed taxicab ordinance previousl~r ORDINANCE considered by the Council, A. I.Crowell appeared before the Council, representing the E. V. Davis `t'axi Club, opposing the i passage of the ordinance, and requesting that no ordinance be adopted. In executive session, the proposed ordinance was discussed, and after deliberation it was determined that the tentative dr~ft be adopted with the proviso that no minimlun rates be established, but that the skedule of maximum rates be fixed and included in the ordinance. Whereupon the ordinance in its final form was submitted, and after the reading thereof, on motion of # T. F. Wirt, seconded by Howard R. Imboden was adopted by vote of six for the ordinance and one against. ORDINANCE ' Said ordinance is as follows; AN ORDINANCE TO REGITLATE THE LICENSINC7 APdD OPERATION OF PUBLIC VEHICLES, TAXICABS AND FOR HIRE CARS ON THE: STREETS OF THE1 TO`NN OF PULASKI, VIRGINIA WHEREAS , in the j udgment o f the Council o f the Town of Pubs ki , Virginia it is deemed necessary, in order to promote and preser~e the pease, comfort, good order, health and protection of the citizens of said town and their property, that the conduct of the business of operating public vehicles, taxicabs, and for hire cars along and over the public streets and highways in the Town of Pulaski for the transportation of passengers for hire d reward, be r egulated and contolled; BE IT ORDAIhIED BY THE COUNCIL OF THE T0~'JN OF PULASKI, VIR INIA, THAT IN THE REGULATING OF THE LICENSING AND OPERATION OF PUBLIC VEHICLES, TAXICABS, AND FOR HIRE CARS ON THE STRE~_'TS OF THE TOti OF PULASKI, VIRGINIA, THAT; SECTION 1. OPERATION OF PUBLIC VEHICLES, TAXICABS AND FOR HIRE~CARS. The operation of public vehicles, taxicabs and for hire c within the Town of Pulas ki, Virginia, shall be subject to the conditions, regulations and restrictions herein set forth and i shall be unlawful to operate, or cause to be operated, within t: Town of Pulaski, Virginia, any public ;taehicle, taxicab or for h car unless a certificate of public convenience and necessity an a licens a therefor have been issued to the owner thereof' and un: the conditions, regulations and restrictions herein set forth a: prescribed have been complied with by said owner. r® ess d _ •; ~ ~cont td) ~~~~~ Council Minutes contd. SECTION 2 DEFIPdITIONS . Pulaski,. Va., February 18, 1947 Unless it appears from the context that a different meaning is intended, the following words and phrases shall have the meanings ascribed to,~them by this s ection. (a) "Street" - Any street, alley, avenue, lane, public ~ilace or highway within the corporate limits of the Town of Pulaski. (b) "Public Vehicle" - Any taxicab whether ec}zipped with a taximeter or not, and for hire cars as defined herein. (c) "Taxicab"~- Any motor driven vehicle used for the transportation, for hire or reward of passengers upon the streets of the Town of Pulaski, Virginia, except busses being operated under franchise and over fixed routes between fixed termini. (d} "For Hire~Car" -Any motor driven vehicle used for the t ransportation for hire or reward of passengers upon the streets of the Town of Pulaski, Virginia, whether operated continually as a taxicab or occasionally upon the streets of the Town of Pulaski,Virginia, except busses being operated under franchise and over fixed routes and between fixed termini. L_ (e) "Person" - Any person, firm, corporation, association, partnership or society. (f) "Owner" - Any person having oaantrol of the operation or maintenance of public vehicles, taxicabs and for hire cars, including any person having control of the collection of revenue derived from the operation of public vehicles, taxicabs and for hire cars and including the purchaser of any public vehicles, taxicab or for hire car under conditional sales contract or other title reserving agreement. (g) "Driver" - Any person in charge of or operating any public vehicle, taxicab or for hire car. (~} "Certificate" - The certificate of public convenience and necessity granted by the Council of the Town of Pulaski,Virginia, to persons in the business of operating public vehicles, taxicabs or for hire cars as provided herein. SECTION 3 APPLICATION FOR CERTIFICATE. Application for certificate of public convenience and necessity shall be made by the owner, or proposed owner to the Council of the Town of Pulaski, Virginia, ,upon forms provided therefor try the Town and shall furnish the following information under oath of the applicant: (a) The full name and home and business address of the applicant. (b) The trade name under which the applicant does or proposes to do business. (c) The financial ability and responsibility of the applicant. (d) The number and kind of vehicles, showing seating capacity, design and color scheme of each. (coat ~d} ~;~ E ~'l ~.~_ Council Minutes contd. Pulaski, Va., February ]B, 1 947 I (e) The character and location of the depots and terminals to be used, if any. (f) Each conviction or plea of guilty for the violatio of any Crizhinal law, whether such violation be of a town ordinance, state law or federal law. (g) All facts or circumstances upon which applicant ba es his belief that public convenience and necessity require the granting of his application. SECTION 4 FILING OF' APPLICATION, NOTICE THEREOF. Such application shall be filed, in duplicate, with the 1 Clerk of the Council of the Town of Pulaski, Virginia, at least seven days prior to the regular Council meeting at which said application is to be acted upon. SECTION 5 INVESTIC,ATIOPI BY CHIEF OF POLICE. Upon the filing of any application as aforesaid with t~e Clerk of the Council, the Chief of Police shall be furnished wi~h a copy of said application immediately and it shall be his duty ~o promptly make an investigation as to the suitable character ~nd qualification of applicant to conduct such business and, in the± case of corporations, shall investigate the fitness of the officers, directors and stockholders. He shall report his findings, in j writing, which report shall be filed with the Clerk of the Council prior to the regular Council meeting at which said application ~s to be acted upon. If the Chief of Police is not in position toiact, then such report shall be made by one of the Patrolmen. Such written report when so filed, shall be available to applicant acid 3 i to his attorney at law, or either. SECTION 6 HETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY. The Council of the Town of Pulaski, Virginia, shall determine whether the public convenience and necessity require the operat~on tion of the public vehicles, taxicabs and for hire cars for which ap~lic~` has been filed. In making this determination, the following s be considered.. (a) The adequacy and efficiency and safety of existing taxicab service and other .forms of transportation for passengers already in existence. (h) The probable permanence and quality of the service offered by the applicant. (c) The financial ability, character and qualification responsibility of the applicant. (d) The fact that no depots and no terminals are propo~ to be used. 1 and red (cont'd) s~ ,;~ ~~~~~ Council Minutes contd. Pulaski., Va.,February 18, 1947 (e) The experience of the applicant in the transportation of passengers for hire in public vehicles, taxicabs and for hire cars . SECTION 7 AUTHORITY OF COUNCIL AS TO CERTIFICATES. The Council shall have the authority to grant a certificate as applied for or to grant a certificate for a lesser number of vehicles than that specified in the application or to deny the application in the exercise of a sound discretion, after a consideration of the factors ~rrescribed by Section 6 hereof. SECTION 8 BURDEN OF ESTABLISHING THE EXISTENCE OF PUBLIC CONVENIENCE AND NECESSITY. The burden shall be upon the applicant to establish the existence of public convenience and necessity for the operation of the public vehicles, taxicabs and for hire cars designated in his application and all other facts required for the granting of said application. SECTION 9 ISSUANCE OF CERTIFICATE. Upon determination by the Council that any application shall be granted a certificate of public convenience and necessit shall be issued to the applicant by the Clerk of tree Council and shall contain the following; r (a} The name and adress of the owner. (b) The number, kind and description of vehicles the operation of which is authorized by the certificate. (c) The date of issuance and the date of expiration. (d) The fact that the certificate is being issued subject to the provisions of this ordinance and all other laws. and ordinances governing the operation of public vehicles, taxicabs and for hire cars in the Town of Pulaski, Virginia. SECTION 10 LIFE OF CERTIFICATES Every certificate of public convenience and necessity issued hereunder shall be good and valid, unless revoked or suspended as hereinafter provided, fnom the date of issuance until the following 31st day of December of each year. SECTIOP~1 11 APPLICATIOPI FOR RENEti'lAL CERTIFICATES Applications for renewal. certificates similar to original application shall be filed with the Clerk of the Council at least seven days prior to the regular Council meeting at which said applications are to be acted upon. (c ont t 1 - ~Z Iv,_~4._A Council Minutes cont d. Pulaski, Va., February 18, 194 ~ i f I SECTION 12 TRANSFER OF CERTIFICATES Any certificate of public eonvenienne:~ and necessit~p issued under the provisions of this ordinance shall be trans- ferable only by and with the. consent of the Council. Application for any such transfer shall be filed with the Clerk of the Col~ncil i and, upon the filing of such application for transfer, the person i to whom the transfer is to b e made shall file an application ~-s if an original application were being made. The proceedings upon such transfer sYiall be the same as upon an original application. i SECTION 13. LICENSE NOT TO BE ISSUED tPJITH0t7T CERTIFICATEW j No license for the operati on of a public vehicle sY~.all be issued, nor shall an~T public vehicle be operated on the sheets of the Town unless and until the Council has issued a certificate to the owner thereof . SECTION 13- A. TOWN LICENSE On Ees~sr;~, passenger automobile used for hire or any other motor vehicle .for carrying or transporting people for ply or hire a vehicle fee of fifty ( 50¢x) cents ~ per hundred pound on the weight of the vehicle shall be charged, and, in additidn thereto a For-Hire fee of twenty dollars 020.00) shall also ?fie charged for each vehicle so used.. These license fees small b pro-rated after the first six months of the year, when licens is desired for any part of the ye ar after the first six month. SECTION 14. ANNUAL HEARING BY COUNCIL The Council shall conduct a hearing each year during and after the effective date of this ordinance, between Octob~r lst and December 31st, (except that the first such hearing sh~ll be held between February 18th and March 15th, 1947, for the year~l947), for the purpose of determining the number of public vehicles„ taxicabs and for hire cars for which certificates shall be is~ued during the next calendar year and for the purpose of determining to which person or persons such certificate shall be issued, ~.fter a consideration of the factors prescribed in Section 6 hereof No certificate, including those outstanding upon the effective date of this ordinance, shall be renewable as a matter of rigY~t, but the Council shall decide in the exercise of their sound discretion and after consideration of the factors prescribed n Section 6 hereof to which person or persons such certificates 1~~~~ Council Minutes contd. Pulaski, Va., FebPuary 18, 1947 shall be issued for the next calendar year. Such hearing shall be public,~after notice has been given by mail to all holders of certificates and applicants for .certificates at the address shown on said certificate and applications and after notice thereof by publication in some newspaper published in the Town of Pulaski, Virginia at least once and not less than ten days prior to the hearing. Any such hearing may be continued from time to time without further notice. SECTION 15 REVOCATION OR SUSPENSION OF CERTIFICATES BY COUNCIL. The Council may for cause cancel or revoke or suspend any certificate issued pursuant to the provisions of this ordinance after due notice to the certificate holder. SECTION 16 INSPECTION OF PITBLIC VEHICLES, TAXICABS AND F'OR HIRE CARS. Each public vehicle, taxicab and for hire car within the Town of Pulaski shall be inspected by the Chief of Police or such other person or pe rsons as the Council from time to time designate during the first week in January and July of each year, and at such other time or times as either said Chief of Police or Council may deem proper. If any such vehicle shall be found unsafe, unfit, or unclean condition, the owner thereof shall be notified at once that such vehicle shall not be operated thereafter until such defective or unclean condition has been remedied. SECTION 17 STANDS FOR PUBLIC VEHICLES, TAXICABS AND FOR HIRE CARS. Upon written application to the Town Council, such the application shall state location of the desired stand, the number of vehicles. which applicant desires to operate. The stands Town Council shall at its discretion designate and assi~for public vehicles, taxicabs and for hire cars at such places within the Town of Pulaski, as will best serve the convenience and necessity of the general public, such stands to be plainly marked. SECTION 18 CRUISERS PROHIBITED Public vehicles, taxicabs and for hire ears shall not be permitted to cruise soliciting employment. (contfdl Council Minutes. cont - d. Pulaski, Va. , February 18, 1 94? ~s SECTION 19. I~~ITATION REGULATED No person shall solicit patronage for any public vehicle, taxicab or for hire car by word, signal or otherwiseon any public street or public property in the Town of Pulaski other than at such stands as may be designated and assigned hereunder. SECTION 20 PUBLIC VEHICLE' DRIVER-S LICENSES No pe rson shall drive or operate a public vehicle, taxi- cab or for hire car within the Town of Pulaski unless he shah. have obtained a special license to be known as a Public Vehicle Driver's License, which shall be in addition to any other liciense required of such person. SECTION 21 APPLICATION FOR PUBLIC VEHICLE DRIVER-S LICENSE. ~ Application for Public Vehicle Driver's License shall be made in writing under oath to the Chief of Police of the Town of Pulaski and shall show the following; (a) Full name of applicant; (b) Present address; (c )f age; (d) Place of birth; (e) Places of previous address and employment for the past five years; (f) Height; (g) Weight; (h) Color; (i) Color of eyes; (j) Color of hair; (k) Sex; (1) Whether married, i single, or'divorced and, if married, whether living with wife or contributing to her support or the support of his children, i~' any, or both; (m) Whether or not au~~licant is in good physica~L condition; (n) V,thether or not applicant has good hearing and j good eyesight; (o) Whether or not applicant uses, or has used within the past five years, intoxicating liquors, drugs or an~ other form of narcotics and, if so, to what extent; (p) Wheth r 'or not applicant has ever been convicted of, plead guilty to br 4 entered the plea of Hole contenders to the violation of any town, state, federal or other criminal law, and, if so, the number ~f times and the kind of offenses and such other information as $1aY be required by the Chief of Police; (q) Whether or not applic nt has previously been employed or licensed as a driver or chauf eur and, if so, whether or not his license has ever been revoked r suspended for any reason; and (r) What experience, if any, j applicant has had in the operation of cars. (cont'd) 1~~. Council Minutes contd. Pulaski, Va., February 18, 1947 Each applicant must apply for his license in person and have his fingerprints taken which fingerprints shall constitute a part of his application. Each applicant must file with his application two recent photographs of himself of a size designated by the Chief of Police, one of which shall be attached to and become a part of the application, and the other to be attached to the license, if issued, in such a manner that no other photograph may be substituted therefor without probability of detection. The Chief of Police o f the Town of Pulaski shal l promptly make an investigation of the facts stated in such application and shall make a written memorandum of his findings, which shall be kept on file in his office for the benefit of any interested party. If the Chief of Police finds that the applicant is duly qualified and of good moral character, he shall issue him a license card, which shall bear a number, shall contain the name, home address, business address, employer and photograph of applicant, whi ch said license card must be posted in a conspicuous place in any public vehicle, taxicab or for hire car while being operated by or in charge of the applicant. If the Chief of Police be not satisfied of the qualifications and fitness of the applicant to operate public vehicles, t axicabs or for hire cars upon the streets of Pulaski, he shall refuse to issue such license. The applicant shall have the ri ght within five days from the day license is denied, to appeal to the Mayor of the Town of Pulaski from the decision of the Chief of Police denying the license. The decision of the Mayor after hearing relevant evidence shall not be final and the applicant shall have the right of appeal to the entire Council at its first meeting following the decision of the Mayor and the action of the entire Council on such application shall be final. The Chief of Police shall require of applicant such medical exami- nation as he may deem proper. (c ont - d ) ~~~~1 Council Minutes contd. Pulaski, Va., February 18, 1947 SECTION 21-A FEES FOR PiTBLIC VEHICLES DRIVERS LICENSE. For each a plication form, whether used or not... 1.b0 For fingerinting by Police Department ......... .~50 For each icense issued ......................... 1.b0 For each renewal of licenses .................... .~50 All such fees. shall be collected by the Chief of Policce, or some member of his department designated by him, and shall promptly be paid over to the Town Treasurer to be placed in the general fund. No license issued hereunder shall be transferable. Al~L such 1 is enses shall be issued for the c~iendar year regardless of the date of issue. SECTION 22: SURRENDER, REVOCA'~ION OR SIiSPENSION OF PUBLIC VEHICL~ DRIVERS LICENSES The Public Vehicle Drivers license of any driver shall immech~teley become void and shall be immediately surrendered bye him upon his conviction of or plea of guilty or nol ~ contendere~ to the violation of any town, state, federal or other criminal ~.aw involving moral turpitude. The Town Council of the Town of Pulaski, upon application of the Chief of Police or an other interested s y party and upon tin days:notice by personal service, shall have the power to revoke or suspend the license of any driver licensed hereunder for any;, of the following causes; (a) Repeated and persistsx~t violation of traffic and s~;fety laws and ordinances. i (b) Failure to report any accident in which such driv~r is involved however slight. (c) Operation of any public vehicle, taxicab or for h re car known to the driver not to be in good order and repair. (d) Conviction of reckless driving more than twice infant' calendar year. (e) Violation of any substantial provisions of this ordinance. ~ j I (f) Violation of the laws of any state or the ordinances of any municipality. I SECTION 23 SUBSTITUTION OF E4~d.TIPMENT DESCRIBED IN CERTIFICATES•~ 3 No equipment shall be substituted for that described ~.n the certificate of public convenience and necessity unless and ~ til it has been inspected and approved by the Chief of Police and t substitution or addition has been endorsed on the certificate by the (cont'd) ~t ~-~'~~ Council .Minutes con-~.d. Pulaski, Va., February 18, 1947 Chief of Police and attested to by the Clerk of Council. SECTION 24. RATES. For the purpose of fixing and establishing rates for services rendered by public vehicle, taxicabs and for hire motor vehicles within the Corporate limits of the Town of Pulaski, the Town shall be divided into two (2) zones, defined as follows; "Zone 1" - BEGINTIINC7 at the Eastern Corporate Limits of the Town of Pulaski on Fifth Street, North ( U. S.~ Route No. 11); thence West on Fifth Street, North, to the intersection of Prospect Avenue with Fifth StreE;t, North; thence North on Prospect Avenue to the intersection of Sixth Street, North, with Prospect Avenue; thence West on Sixth St rest, North, to the intersection South of Randolph Avenue with Sixth Street, North; thence„on Randolph Avenue and Valley Road to the intersection of Secont Street, South, with Valley Road; thence East on Second Street, South, to the inter- section of Peirce Avenue with Second Street, South; thence in a Northerly direction to the intersection of Second Street, North, and Franklin Avenue,; thence North on Franklin Avenue to the intersection of Fifth Street, North, with Franklin Avenue; thence West on Fifth Street, North, to the Eastern C orpox~ate limits of the Town of Pulaski, the place of BEGINNING. "Zone 2" - All the remaining area within the Corporate Limits of the Town of Pulaski not included in"Zone 1" shall constitute "Zone 2". Provided the proper state license fees have been paid therefor, as required by the Code of Virginia, the following MAXIMUM rates are hereby fixed for services rendered by public vehicles, taxicabs and for hire motor vehicles within the Corporate Limits of the Town of Pules ki; (a) For the transportation of one (1) or more passengers from a common embarkation point within "Zone 1" to a common destination within "Zone 2", or for the transportation of one (1) or more passengers from a common embarkation point within "Zone 2" to a common destination within "Zone 1", the following rates shall apply; ~~15~~ Council Minutes contd. Fulaski, Va., February 18, 194? i 1. For one passenger 25 cents 2. for two passengers 35 cents 3. For three passengers 45 cents 4. For four passengers 55 cents 5. For five passengers 65 cents (b) For the transportation of one (1) or more passenger9 ~! from a common embarkation point within "Zone 1" to a common destination within "Zone 1" the rates pr escribed in (a) above shall apply. (c) For the transporation of one (1) or more passengers' from a common embarkation point within "Zone 2" to a common destination within "Zone 2" the rates prescribed in (a) above shall apply except in cases where i•n traveling the distance from the embarkation point to the destination it becomes necessary: for such public vehicles, taxicabs o r for hire motor vehiclesito pass through "Zone 1", in which event there shall be added to; the rates fixed in (a) above an additional charge of ten (10) Scents. (d) Children under ten (10) years of age when accompaniejd by a parent or parents or other fare-paying passengers may ride with- out charge. ~ (e) When a vehicle is engaged by one (1) patron, who desires to pick up guests or other passengers elsewhere than at the poiint as of origin for a common d estination, the fare shall b~hereinbe{f'ore provided for the first patron, and ten (10) cents for each gue~t or other passenger transported, where the vehicle is not requi~ed to go more than one (1) block from a direct route to pick up such guest or of-her passenger. ~ (f) Where two (2) or more passengers, in the same group, ~iaving different destinations within the Town of Pulaski, embark from a common point for transportation to ~ different destinations 1 within the Town of Pulaski, the rate for each pas:~enger shell ~e as hereinbefore prescribed for a single passenger. Not more t~.an five (5) passengers shall be transported on one trip.. (g) The above rates shall cover the cost of transporting' parcels, packages and small handbags which are managed and car}~ied by the passengers. (cont'd) ~~`~-~ Council minutes cont t d. Pulaski, Va. , February 18, 1947 (h} Where there is baggage consisting of parcels, handbags, suit cases or packages of such size as to require handling by the taxidriver, other than fuel or feed, an additional charge of ten (10) cents may be .made for handling such parcels, handbags, suitcases or packages. For containers of fuel or feed, no rates are prescribed herein. (i) When a vehicle is engaged by one patron to take a guest or other passenger to a destination within the corporate limits of the Town of Pulaski and the patron en- gaging the vehicle wishes to return with the vehicle to the cab stand a charge of ten (10} cents shall apply for such return trip to the cab stand. (j} When a vehicle is engaged by a patron or patrons and stops are requested by such patron between the embarkation point and the destination a minimum charge of ten (10) cents shall apply for each such stop; however, when a vehicle is engaged to wait at the embarkation point, at stops en route or at the destination of a patron for further service, a charge at the rate of two 02.00) dollars per hour shall apply. (k) In the event the proper State license fees have not been paid therefor then no charge is permitted in excess of the charge or rate allowed for one passenger, as the said State lic ens a law as it now exists provides for the payment of X5.00 for each revenue producing seat. (i ) If any charge is made by the owner or driver of any such taxicab in excess of the rates herein prescribed, the council may, in addition to any other penalty prescribed, revoke or suspend the license of the o~rn~rr and~or operator. SECTION 25. TYFE, COAIDITION AND EQUIPI~2ENT REC$ITIRED OF PUBLIC VEHICLES, TAXICABS, AND FOR HIRE CARS. (a) It shall be of the enclosed or sedan type with at least two seats and of not less than five passenger capacity. (b) It shall be at all times in good order and repair when in operation.. (c) It shall bear on the outside and on at least two sides the name of the owner in letters not less than two inches high and plainly visible at a distance of 100 feet; and on two sides and the back the ownerTs namber in letters three inches hir;h and plainly visible at a distance of 100 feet. (conttd) 1£i~ Council Minutes contd. Pulaski., Va., February 18, 1947 (d) The rates and fares in effect, whether for within the corporate limits of Pulaski or not, shall be kept posted in a conspicuous place inside of the vehicle at all times and shall be exhibited to any person demanding it. SECTION 26 GENERAL REGITLAT IONS OF PUBLIC VEHICLES, TAXICABS AND FOR HIRE CARS The following general regulations shall a~pl~r to the 1 operation of all public vehicles, taxicabs and for hire cars wiithin the Town of Pul as ki . (a) Not more than one passenger shall be transported a~t one time without the consent of the person first engaging Ithe vehicle. (b) No non-paying passenger shall be transported with paying passenger, except bona fide officers or employe~:s of the owner or a ~~oli~e officer engaged in the per- formances of his duty and unable to obtain other adequ~ste ~iea~~ of transportation. (c} Every public vehicle, taxicab or for hire car, whi~.e in operation for the solicitation or transportation of passengers, shall be attended by the driver at all tim~s, except when suhh driver is actually engaged in loadings and unloading. (d) Every owner shall keep a clean neat record of the ~: origin and destination of all calls and it shall be th~ duty of all drivers and employees of the owner to repot such calls. Such records shall be open at all times to' inspection by any member of the Police Department and shall be preserved for a period of not less than twely~ months . No person shall knowingly make a record of a fictitious call or use any fictitious name in reporting a bona fide call, nor shall a fictitious or false addres~ of the point of origin or destination be knowingly reported. (e) It shall be unlawful to operate any taxicab along the streets of the Town of PL~laski in which a radio is installed which is capable of receiving police calls. It shall not be unlawful for such taxicabs to be equip led with a radio capable of receiving only a standard broadcast. (f) It shall be unlawful and a violation of this ordina~ce for the operator of any taxicab or for hire car to unnecessarily sound any horn or signal device on said vehicle. (g) Taxicabs and for hire cars shall not be driven in tie alleys of the Town except when absolutely necessary in calling for or discharging a passenger, or in an emergency. SECTION 27 REPORT OF ACCIDENTS Every accident in which any public vehicle, taxicab or for hire car is involved shall be immediately reported to th~ Police Department, however slight the accident may be. Such re~ort shall not be used against the owner or driver making it in any criminal proceeding. Such report shall be available to any per~on, or his attorney, injured in such accident or by reason thereof. (cent ~d) ~~~ Council minutes contd. SECTION 28 INSURANCE REt~URED Pulaski, Va., February 18, 1947 Every owner of any public vehicle, taxicab or for hire car operating in the Town of Pulaski shall file with the Clerk of the Council and keep in affect at all times a policy of insurance with some reputable insurance company duly licensed to do buthsiness in the State of Virgihia, or provide a surety bond approved by the Clerk of the Couneil with solvent surety in the amounts herein specified, conditioned on such owner responding in damages, or provide a cash bond in the amount herein specified, covering damages for any liability incurred on account of any injury to persons or damage to property resulting from the operation of such public vehicles, taxicabs and for hire cars, in the following amounts; For injury to one person in any one accident`~5,~000.00 For injury to two or more persons in any one accident 10,000.00 For property damage in any one accident 5,000.00 Surety or cash bonds shall be for or in the amount of X5,000.00 for the first car, 3,000.00 for the second car, 2,000.00 for the third car and ~1,000.DO for each additional public vehicle, taxicab or for hire car for which certificate is issued he reunderr such If any policy of insurance is cancelled as here- inafter provided, the owner shall not operate or cause to be operated any vehicle covered by such policy until. other insurance is obtained or surety or cash bond given. Each such policy of insurance so filed shall contain a clause to the effect that the insurance carrier may cancel the policy upon thirty days written notice to the Clerk of the Council, as well as such other notice as may be required by law to be given the owner. If judgment is rendered against the ovrner or driver, or both, in any court or competent jurisdiction by reason of any accident for which the insurance policy or surety or cash bond is herein p rovided, the owner shall, within twenty-four hours after the rendition of such judgment, whether appealed from or not, increase the total amount of insurance or the amount of the surety or cash bond, so that there shall be kept in effect in the manner contemplated by law and by this ordinance insurance or bond upon which there has been no recovery of not less than the minimum provided herein. (cont~d} ~.~~=- 1 Council minutes Contd. Pulaski, Va., February 18, 194? SECTION 29 COUNCIL MAY. BY RESOLUTION PRESCRIBE ADDITIONAL RULES AND REGULATIONS. The Council may from time to time, by r esolution, promulgate such rules and regulations applicable to the safe and efficient operation of public vehicles on the streets of the To'~m as in their discretion are necessary for. the public safety and_ convenience, which shall be in addition to the provisions of th~.s Chapter relating to the same. SECTION 30 PENALTY FOR OPERATINCr .PUBLIC VEHICLE WITHOUT LICENS~. Any person operating a public vehicle on 'the street 3 of the Town without a public vehicle driver's license shall be pun ,'shed by a fine of not more than five hundred dollars, or im-~ prisonment for not more than six months, or by both such fine ar~d imprisonment. Any owner of a public vehicle who shall permit t2~e same to be operated by any person who does not have avalid and effective public vehicle drivers license shall be fined not mo~{e than five hundred dollars. SECTION 31 GEI'~TERAL PENAL PROVISIONS. For any violation of any of the provisions of this ordinance for which no penalty is elsewhere herein prescribed, tie f offender shall be fined not to exceed five hundred dollars. SECTION 32 INTENTION AND EFFECT OF ORDINANCE. This ordinance is adopted unc.er the general police a~d charter powers of the Town of Pulaski . It is intended to regulate the operation of publ ic~vehicles, taxicabs and for hire cars in the Town of Pulaski. If any part of this ordinance shall be declare invalid by any court of final 3urisdiction, the remainder thereo~' i shall continue to be in frill force and effective, it being hereb~ declared that the provisions hereof are divisible, even if conta~ned in the same section or subdivision thereof. j SECTION 33 REPEAL OF INCOP?SISTENT ORDII~AriCES. All ordinances or parts thereof of the Town of Pulask~ in conflict with this ordinance are hereby repealed. SECTION 34 TTME OF TAKING EFFECT OF ORDINANCE. This ordinance shall become effective from date of passage. Approved February 18, 194? At est; ~ ~ M or d~~° lerk 1- Council minutes contd. Pulaski, Va., February 18, 1947 CURRENT It is understood that the passage of this ordinance TAXI LICENSES AND shall not affect the current business and vehicle licenses held VEHICLE LICENSES by taxi operato rs until the expiration date of the licenses now held, and that the provision as to maximum rates, driverts permits, care of equipment, etc., shall not be enforced until May 1st, 1 947. ADJOURN- There being no further business, the Council MENT adjourned at 10:25 o'clock P. lYT. Approved; r Attest; ory~_ Cle Counc