01-25-00643
Board of Directors Room
City Hall — 500 W. Markham
Little Rock, Arkansas
January 25, 2000 — 4:25 P.M.
The Board of Directors of the City of Little Rock, Arkansas, reconvened from the
January 18, 2000, regular meeting with Mayor Jim Dailey presiding. City Clerk Robbie
Hancock called the roll with the following Directors present: Directors Pugh, Hinton,
Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly, and Adcock - total 10; Absent —
None.
With a quorum present, Mayor Dailey declared the Board of Directors in session
and the proceedings of the meeting are recorded as follows.
Mayor Dailey congratulated Connie L. Aescht, one of the sign language
interpreters, who has recently received her UALR BA degree translating English and
ASL, a UALR AA Educational Interpretation Degree, and an AA Liberal Arts Degree.
Consideration was given to Ordinance No. 18,196, with the title being:
AN ORDINANCE TO RENEW THE TAXICAB OPERATOR PERMITS
FOR BLACK & WHITE CAB COMPANY, FOR A PERIOD OF ONE YEAR
FROM FEBRUARY 1, 2000, TO JANUARY 31, 2001; TO DECLARE AN
EMERGENCY; AND FOR OTHER PURPOSES.
City Attorney Tom Carpenter explained the two Ordinances that were faxed to the Board
Members, stating that the first Ordinance is the one that had been amended on January
18, 2000, to reduce the number of permits from 83 to 55. The second Ordinance is
Director Adcock's proposal to grant the 55 permits in Section 1 and Section 2 grants 28
additional permits provided certain conditions are in place in sixty (60) days. The
conditions are that Black & White have an excess insurance coverage policy in effect for
all 83 cabs for the term of the permits and that Black & White promptly comply with all
other provisions of the City Transportation Code. Mr. Carpenter said he had been given a
letter as he arrived that stated Black & White has excess coverage in the amount of
$25,000 to $100,000. The state statute says you can't demand more than what the state
requires. Director Adcock asked the Board to give Black & White the 60 days to come
into compliance. Following the discussion, Director Adcock moved to suspend the rules
to provide for the second reading of the Ordinance. The motion was seconded by
Director Stewart and unanimously adopted. The Ordinance, as amended, was then read
the second time, having been read the first time and amended on January 18, 2000.
Director Adcock then moved to amend the Ordinance to include the new Sections 2,
3, and 4 and the addition to the Emergency Clause as presented in her proposal. The
motion was seconded by Director Stewart. At the request of Director Kumpuris,
Attorney Floyd Healy addressed the Board, stating he represented Virgie Harris who
was injured while she was a passenger in a Black & White Cab in June, 1995. One of the
defenses that has been raised is that the driver is an independent contractor who leases a
cab from Black & White. The driver is not an employee of Black & White; therefore,
Black & White has no liability to the passenger. Attorney Kevin Staten, representing
Black & White Cab Company, said it is irrelevant whether the driver is an independent
contractor, because Black & White has coverage for that vehicle for $25,000/$50,000.
He said the $25,000 has been offered to the individual but has not been taken. The
attorney is dealing with the excess carrier right now. A roll call vote was taken on the
motion to amend the Ordinance as stated by Director Adcock, with the vote recorded as
follows: Ayes — Directors Pugh, Hinton, Stewart, Wyrick, and Adcock — total 5; Noes —
Directors Lichty, Cazort, Keck, Kumpuris, Kelly, and Mayor Dailey — total 6. With the
motion having failed, Director Keck moved to suspend the rules and place the
Ordinance on third and final reading. The motion was seconded by Director Lichty, and
unanimously adopted. Following the third and last reading of the Ordinance, a roll call
vote was taken on the question, Shall the Ordinance Pass, with the vote recorded as
follows: Ayes — Pugh, Hinton, Lichty, Cazort, Keck, Stewart, Wyrick, Kumpuris, Kelly,
and Mayor Dailey — total 10; Noes — None; Voting Present — Director Adcock — total 1;
Absent — None.
The Emergency Clause contained in Section 2 of the foregoing Ordinance was then read
and adopted by the following roll call vote: Ayes — Directors Pugh, Hinton, Lichty, Cazort,
Keck, Stewart, Wyrick, Kumpuris, Kelly, and Mayor Dailey — total 10; Noes — None; Voting
Present — Director Adcock — total 1; Absent — None. Whereupon, the Ordinance, amended to
provide for 55 permits, together with the Emergency Clause was declared PASSED.
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Minutes
January 25, 2000
There being no further business to be presented, the reconvened meeting was
adjourned at 5:03 o'clock P.M, with the Board of Directors to meet again in regular
session on Tuesday, February 1, 2000, at 6:00 o'clock P.M.
ATTEST: APPROVED:
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City Clerk Robbie Hancock Mayor Jim Dailey