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Home My WebLink About205-04 RESOLUTION• • RESOLUTION NO. 205-04 A RESOLUTION GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CTS AIRPORT SHUTTLE AND LIMOUSINE SERVICE FOR THE OPERATION OF UP TO SEVEN (7) LIMOUSINES WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby grants a Certificate of Public Convenience and Necessity to CTS Airport Shuttle and Limousine Service for the operation of up to seven (7) limousines within the City of Fayetteville, Arkansas, in accordance with Chapter 117, Fayetteville Code of Ordinances. PASSED and APPROVED this 7th day of December 2004. ATTEST- /,,, cskK/TR4:1 ,• U G" F'.9 • E :FAYETTEVILLE• J yNG ` By: ,u‘-' llMtvL) SONDRA SMITH, City Clerk APPROVED: B AN COODY, Mayor NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 205-04 Document • 1 11/18/04 memo to mayor & City Council 2 draft resolution 3 copy Application/Renewal of Certificate of Public Convenience & Necessity 4 copy of Certificate of Liability Insurance 5 copy of Certificate of Liability Insurance 6 copy of Chapter 117 7 Staff Review Form 8 memo to mayor & City Council g memo to Frank Johnson 10 11 12 13 14 15 16 NOTES: • FAYETTEVILLE TH1 Crtr Tn TAYTTTLV1UL. ARKANSAS DEPARTMENTAL CORRESPONDENCE CTS sI ai//c a 4'a? 9d. //AC ✓c TO: Mayor Dan Coody and Members of the City Council FROM: Frank Johnson, Chief of Police DATE• November 18, 2004 RE• Request for Public Hearing on a Certificate of Public Convenience and Necessity for CTS Airport Shuttle and Limousine Service Recommendation: The council should schedule a public hearing to determine if a Certificate of Public Convenience and Necessity should be issued to CTS Airport Shuttle and Limousine Service. Background: The council recently passed a new ordinance governing taxi and limousine companies in Fayetteville. There have been meetings with city staff, the police department and the fleet division to determine the procedure that will be used to implement the new ordinance. All current Certificates of Public Convenience and Necessity will expire on December 31, 2004. Discussion: Attached are copies of Mr. Huddleston's application for his certificate and insuran - .. is . It will have to be determined if Mr. Huddleston meets the requirements for .limousine service . r if he is operating as a taxicab company. t% v/s v n- 4. 5 q 4/- 14...7 d ( /.53/4 4Z t. c7 • • RESOLUTION NO. A RESOLUTION GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CTS AIRPORT SHUTTLE AND LIMOUSINE SERVICE FOR THE OPERATION OF A LIMOUSINE SERVICE WITHIN THE CITY OF FAYETTEVILLE, ARKANSAS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby grants a Certificate of Public Convenience and Necessity to CTS Airport Shuttle and Limousine Service for the operation of a limousine service within the City of Fayetteville, Arkansas, in accordance with Chapter 117, Fayetteville Code of Ordinances. PASSED and APPROVED this 71h day of December 2004. APPROVED: I r r ATTEST:\ ) o� et By: P I tf SONDRA SMITH, Eity Clerk rye' d- / DAN COaDY)Mayor • • CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY APPLICATION/RENEWAL As required to comply with Chapter 117 of the Fayetteville Code of Ordinances. L!edlir e'y Name APPLICANT **s.*int************►**►**►*►►►►►► fel 4Jclles -1 a 9s,j [ u c/i 04. Address Describe your experience in the transportation of passengers. Owrl C1 ^ c l ofier4 -le 44p6,-/- SA u»'/P 5 nit c e `/7 9 -Yv/ 9fl3 Phone Number 51.1 eta a00/ List your financial status, including the amount of all unpaid judgments against you and the nature of the transaction or acts giving rise to said judgments. 97ted c:4 //S ei0 AA 711 Ter' S-' i//ems een T w , r"�1 BUSINESS C_ %S 4/e -peri- 5A 4iPe. aid Names of Business Q Vo i i2 Lc/ 5,4 al`/ 6 rove Business Location / 6. YJd, 7 �15� Ani -0.--) 4g 72 7c{5 ---- Inde/$/^P �rVl r e - 999-8W.. '1/.3 Phone Number Rc►. 5 -pr- ns,/,¢ /e 4- 2-.? 76 r Business Mailing Address How many vehicles will be available for your operation or control? 7 Revised 5/7/2003 816 AM Page 1 of 3 • • • List below the location of proposed depots and terminals. ,L,»1otisin.r Service - °ea Nod /MY Describe the color scheme or insignia to be used to designate your vehicles. S 1_071 4,To/y What is your proposed rate schedule?? S6.00 Per %„c —0ANs ‘D.00Per ,6e .su✓S 73-oaPer AR Stiff l/Z jaw, /h enein 4run. List the hours between which you propose to provide taxicab service to the general public, and the days, if any, on which you do no propose to provide taxicab service to the general public. Ll^'iousfne Scruice 6/0 ContiI QL( ha -3 List the names and addresses of all officers and stockholders of the company if incorporated. N Describe the experience of all officers and stockholders in the transportation of passengers. .v / f4 Revised 5!2/2003 8:16 AM Page 2 of 3 • • List the financial status of the officers and stockholders of the company, if incorporated, including the amount of all unpaid judgments against any of them and the nature of the transactions of acts giving rise to said judgments. TToo'whom should complaints be directed? Please give any facts which you believe tend to prove that public convenience and necessity require the granting of a certificate. / /I zeNs of fegYeNta€4 � Moe HS.ieci�e-1-6O r / ,Limousin& Serve/cel beeitizise O/C 6 44/20 xCe/% �rulce 621 / he l 4�G�T lid�E/S 44ve /Se S,heoi ea 4 74'S Accountin Date Chief Admin. Officer Date Police Dei.. ent Date Mayor Date City Attorney Date City Clerk Date Return completed form to the City Clerk's Office, 113 West Mountain Street, Fayetteville, AR. 72701 Revised 5/2/2003 8:16 AM Page 3 of 3 Web ACORD_ CERTIFICA1OF LIABILITY INSURAN DATE IMWDDIYYYY) CT5LLL 1� 10/15/04 NOTWITHSTANDING BE ISSUED OR CONDITIONS OF SUCH LIMITS PRODUCER Farris Insurance Agency, Inc....... P.O. Box 345 Springdale AR 72765 Phone: 479-756-6330 Fax- 479-756-9262 THIS ONLY HOLDER. ALTER CERTIFICATE IS AND CONFERS THIS CERTIFICATE THE COVERAGE ISSUED AS A MATTER OF NFORMATION NO RIGHTS UPON THE CERTIFICATE DOES NOT AMEND, EXTEND OR AFFORDED BY THE POLICIES BELOW. DATE (MWD DIYV) INSURERS AFFORDING COVERAGE NAM" INSURED CTS LLC attn: Geoff Huddleston PO Box 444 Johnson AR 72741 INSURERA: Cypress Insurance Company LIABILITY GENERAL CLAIMS MADE INSURER B: OCCUR INSURERC INSURERD: EACH OCCURRENCE INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY AM REQUIREMENT. TEAM OR CCN IXTION OF AM CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. POLICIES. AGGREGATE UMW SHOWN MAY HAVE BEEN REDUCED BY PAID CWMS. PERIOD INDICATED THIS CERTIFICATE MAY EXCLUSIONS AND Pr DATE IMWD NOTWITHSTANDING BE ISSUED OR CONDITIONS OF SUCH LIMITS LIR L TYPE OF INSURANCE POLICY NUMBER DATE (MWD DIYV) GENERAL COMMERCIAL LIABILITY GENERAL CLAIMS MADE LIABILITY OCCUR EACH OCCURRENCE $ PREMISE {Fr (Ea=mane) PREMISES wnnce) 3 MED EXP Penal) $ (My one PERSONAL S ADV INJURY $ GENERAL AGGREGATE $ GEHL AGGREGATE POLICY LIMIT APPLIES PER: n LOC PRODUCTS- COMPCP AGO $ ,EpCT A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS ARA000254 01/06/04 01/06/05 COMBINED SINGLE LIMIT cusxmlno $300000 BODILY INJURY (Per PreCn) $ X BODILY INJURY (Per eaUrd) $ PROPERTY DAMAGE (Per ander/ $ GARAGE UABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EA ACC $ AGG $ EXCESSNMBRELIA OCCUR DEDUCTIBLE RETENTION LIABILITY CLAIMS MADE EACH OCCURRENCE 1 AGGREGATE $ $ 3 $ $ WORRS EMPLOYERS* ANY OFFICER/MEMBER B IECOMPENSATION AND LABILITY PROPRETORRARTHER/EXECUTIVE EXCLUDED? deeaunderund PROVISIONS taker W(. �IATLL TOM Loon UHF ER E 1 EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYEE $ yyb SPECIAL E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS ATE HOLDER CANCELLATION City of Fayetteville 113 West Mountain Fayetteville AR 72701 CITYFAY SHOULD AM OF THE ABOVE DESCRIBED POUCES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAJL 10 DAYS WRITTEN NOTICE TO WE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Jason S. Reeling ACORD 25 (2001/OS) C ACORD CORPORATION 1988 ACORD CERTIFICAIYOF LIABILITY INSURANElt pp DATE(MMIDDNYYY) CTSLL-1l 10/15/04 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH MAY PERTAIN, THE WSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. ROUGES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PND CLAIMS. PERIOD INDICATED. THIS CERTIFICATE MAY EXCLUSIONS AND DQ�p® DAT!(MWD PRODUCER Farris Insurance Agency, Inc. P.O. Box 345 Springdale AR 72765 Phone: 479-756-6330 Fax • 479-756-9262 THIS CERTIFICATE ONLY AND CONFERS HOLDER. THIS ALTER THE COVERAGE IS ISSUED AS A MATTER OF NFORMATION NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AMEND, EXTEND OR AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC t INSURED CTS, LLC aatttn: Geoff Huddleston Johnson Box C4AAAR 72741 INSURER A- Cypress Insurance Company INSURER B: GENERAL INSURER C. LIABILITY�AAfaALe INSURER D: INSURER E: EACH OCCURRENCE $ CANCELLATION CITYFAY City of Fayetteville 113 West Mountain Fayetteville AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, TIE SSWNO INSURER VWLL ENDEAVOR TO MM. 10 DAYS WRITTEN NOTICE TO THE CERTWICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. AUTHORIZED REPRESENTATIVE Jason 9. Reeling ACORD 25 (2001108) ® ACORD CORPORATION 1988 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH MAY PERTAIN, THE WSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. ROUGES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PND CLAIMS. PERIOD INDICATED. THIS CERTIFICATE MAY EXCLUSIONS AND DQ�p® DAT!(MWD NOTWITHSTANDING BE ISSUED OR CONDRIONS OF SUCH LTR TYPE OF INSURANCE POLICY NUMBER OATSULX{,, (MFFM EIDDIYY)p LIMITS GENERAL LIABILITY CLAIMS MADE LIABILITY�AAfaALe OCCUR EACH OCCURRENCE $ COMMERCIALGENERAL Iv HGNIEu PREMISES(Ea otrurKe) $ MED EXP (Anyone Dowel 1 PERSONAL a ADV INJURY 1 GENERAL AGGREGATE $ GEN. AGGREGATE POLICY LIMITAPPLIES PER: PRO. JJ LOC PRODUCTS- COMP/OP AGG $ n A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-0WNED AUTOS AAA000254 01/06/04 01/06/05 COMBINED SINGLE LIMIT (El ) $ 300000 BODILY INJURY (Pr person) $ X BODILY INJURY (Per accident/ $ PROPERTY DAMAGE (Ps accident) 1 GARAGE LIABILITY ANY AUTO AUTO ONLY -EAACCIDENT f OTHER THAN AUTO ONLY. EA ACC 1 AGG S EXCESSNMBRELLA OCCUR DEDUCTIBLE RETENTION LIABILITY CLAMS MADE EACH OCCURRENCE 1 AGGREGATE $ $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPWETORPARTNER/EXECUTNE OFFICER/MEAGER EXCLUDED? err. deutpe under SPECIAL PROVISIONS below TORY S ER EL. EACH ACCIDENT S E L DISEASE - EA EMPLOYEE S E L. DISEASE - POLICY LIMIT S OTHER DESCRIPTIDM OF OPERATIONS I LOCATIONS/VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CANCELLATION CITYFAY City of Fayetteville 113 West Mountain Fayetteville AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, TIE SSWNO INSURER VWLL ENDEAVOR TO MM. 10 DAYS WRITTEN NOTICE TO THE CERTWICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. AUTHORIZED REPRESENTATIVE Jason 9. Reeling ACORD 25 (2001108) ® ACORD CORPORATION 1988 • FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS • CHAPTER 117: VEHICLE -RELATED BUSINESSES ARTICLE I REPAIR SHOPS AND WRECKER SERVICES 117.01 Definitions For the purpose of this article, the following definitions shall apply unless the context dearly indicates or requires a different meaning. Motor vehicle. Every self-propelled device In, upon or by which any person or property is or may be transported or drawn over public streets and highways, except devices used exclusively upon stationary rails or tracks. "Motor vehicle" shall include, but shall not be limited to, automobiles, trucks, tractors, motorcycles, Implements of husbandry, or buses. Motor vehicle repair shop. Any business where motor vehicles are repaired for a charge and any place where the work of repairing motor vehicles is carried on as an Incident to the business of selling new or used motor vehicles, or new or used motor vehicle parts, or as an incident to any other traffic In motor vehicles or their parts or equipment. Motor vehicle wrecker service. Any business which, as a part of Its operation, tows disabled motor vehicles for a charge. Repair work 0n motor vehicles. Any work on the premises of a motor vehicle repair shop which requires direct or indirect physical contact with a motor vehicle or part thereof. (Code 1965, §13C-1; Ord. No. 2190, 1-20-76; Code 1991, §117.01) 117.02 Storage Of Wrecked Vehicle (A) No person in charge of or in control of a motor vehicle repair shop, or a motor vehicle wrecker service, whether as owner, lessee, tenant, occupant or otherwise, shall allow any partially dismantled, nonoperable or wrecked motor vehicle to be stored on the premises longer than 10 days, unless said motor vehicle Is stored in an enclosed building or Is stored behind a six-foot fence constructed of such material that the motor vehicle Is not readily visible by motorists or pedestrians. A six-foot view -obscuring fence may be constructed In accordance with this section, notwithstanding any provision of the citys zoning code (Chapter 160). (6) No person In charge of, or In control of, a motor vehicle repair shop, or a motor vehicle wrecker CD117:5 service, whether as owner, lessee, tenant, occupant or otherwise, shall allow any partially dismantled, nonoperable or wrecked motor vehicle to be stored within 50 feet of a public street right- of-way; provided, If a building structure Is lawfully located closer than 50 feet from the street right-of- way. no partially dismantled, nonoperable or wrecked motor vehicle shall be stored closer to the street right-of-way than the wall of the building. (Code 1965, §§13C-2, 13C-3: Ord. No. 2190, 1-2-76; Ord. No. 2196, 2-17-76; Code 1991, §117.02) 117.03-117.09 Reserved ARTICLE 11 USED CAR SALES 117.10 Report To Police Department Required All automobile dealers in the city are required to fumish to the police department a list of all used cars sold by the dealer, setting forth such Information as Is prescribed by the police department. (Code 1965, §19.6; Ord. No. 1447, 6-7-65: Code 1991, §117.10) 117.11-117.19 Reserved ARTICLE III REPEALED 117.20-117.29 Reserved ARTICLE IV TAXICABS 117.30 Definitions For the purpose of this article, the following definitions shall appy unless the context cleary Indicates or requires a different meaning. Certificate. A Certificate of Public Convenience and Necessity Issued by the City Council, authorizing the holder thereof to conduct a taxicab business In the city. Driver's permit. The permission granted by the Chief of Police, or his duly -appointed representative, to a person to drive a taxicab upon the streets of the city. Holder. A person to whom a Certificate of Public Convenience and Necessity has been Issued. FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS and shall furnish the following Information: (1) The name and address of the applicant, Including the name and address of all officers and stockholders of the company, If Incorporated, and the name of the person to whom complaints should be directed; (2) The financial status of the applicant, Including the financial status of the officers and stockholders of the company, If Incorporated, including the amount of all unpaid Judgments against the applicant (officers and stockholders of the company, if Incorporated), and the nature of the transaction or acts giving rise to said judgments; (3) The experience of the applicant including all officers and stockholders of the company, if Incorporated, in the transportation of passengers; Manifest. A daily record prepared by a taxicab driver and/or taxicab company of all trips made by company vehicles showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. Person. Includes an individual, a corporation, or other legal entity, a partnership, and any unincorporated association. Rate card. A card issued by the city for conspicuous display in each taxicab which contains the rates of fare then in force. Taxicab. A motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of not more than seven passengers and not operated on a fixed route. This definition expressly excludes limousines. Waiting time. The time when a taxicab Is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not 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. (Code 1965, Sec. 20-16; Ord. No. 1910, 4-3-73; Code 1991, §117.30; Ord. No. 4623, 10-05-04) 117.31 Rates (A) All taxicabs shall utilize a meter for calculation of rates and such apparatus shall be clearly visible to the occupant of the vehicle. (6) The City Council shall set the maximum allowable rates for all taxicabs, consistent with the provisions of Arkansas Code Annotated § 14- 57-303. The City Council shall annually review maximum allowable rates to determine if a change Is needed. (Ord. No. 4623, 10-05-04) Cross reference(s)- Pubfc Transit Board, §33.320. 117.32 Certificate Of Public Convenience And Necessity Required; Issuance Procedure (A) No person shall operate or penult a taxicab owned, leased or controlled by him to be operated as a vehicle for hire upon the streets of the city without having first obtained a Certificate of Public Convenience and Necessity from the Fayetteville City Council. An application for a certificate shall be filed with the Police Department upon forms provided by the city, and said application shall be verified under oath (8) CD117:6 (4) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate; (5) The number of vehicles to be available for operation or controlled by the applicant and the location of proposed depots and terminals, The applicant shall furnish a minimum and maximum number of vehicles to be perltted; (6) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant; (7) The hours between which the applicant proposes toprovlde taxicab service to the general public, and the days, If any, on which the applicant does not propose to provide taxicab service to the general public, and; (8) The rate schedule which the applicant proposes to use to charge passengers. (C) Upon the filing of an application, the City Clerk shall fix a time and place for a public hearing thereon Written notice of such hearing shall be given to the applicant and to all persons possessing current and valid Certificates of Public Convenience and Necessity. Any Interested person shall have the right either In person or by representatives of their own choosing, to be present at all such hearings and to introduce evidence and to be heard either in support of or opposition to the Issuance of a certificate. (D) Findings of the City Council. FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS (1) If the City Council finds that further taxicab service in the city Is required by the public convenience and necessity and that the applicant Is fit, willing, and able to perform such public transportation and to conform to the provisions of this subchapter, then the city clerk shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under the certificate and the date of Issuance; otherwise, the application shall be denied. (2) The City Council shall deny any application In which the proposed hours of service or the proposed rate schedule are found to be unreasonable to meet the public need. (3) 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, and the character, experience, and responsibility of the applicant. (Code 1965, §§20.17-20-20; Ord. No. 1910, 4-3-73; Ord. No. 2716, 4-21-61; Code 1991, 5117.32; Ord 4623, 10-05-04) 117.33 Liability Insurance No Certificate of Public Convenience and Necessity shall be Issued or continued In operation unless there is In full force and effect automobile liability Insurance for each vehicle. The insurance shall have limits of not less than $25,000for personal Injury to, or death of, any one person In any one accident, and liability limits of $50,000 for personal injury to, or death of, two or more persons in any one accident, and $25,000.00 for injury to or destruction of property or others In any one accident. The Insurance shall be maintained with an insurance company authorized to do business in the state. A certificate evidencing such Insurance shall be filed with the finance director. (Code 1965, 520.21; Ord. No. 1910, 4-3-73; Ord. No. 3036,10- 2-04; Code 1991, §117.33) 117.34 Licensing Requirements (A) Decal required. No certificate shall be Issued or continued In operation unless the holder thereof has secured an annual permit decal for each vehicle granting the right to engage In the taxicab business. The licensing shall be for the calendar year with holders required to file annual renewal applications and fees at least thirty (30) days prior to the end of each year, and shall be in addition to any other license fees or charges established by proper CD117:7 authority and applicable to the holder or the vehicle or vehicles under his operation and control. All vehicles so licensed shall be required to show proof of the purchase of for hire tags from the State of Arkansas. (B) Surety Bond required. No certificate shall be Issued unless and until the applicant shall file with the City Clerk a surety bond in the amount of $100 00 conditioned upon the applicant establishing, maintaining, and continuing the proposed service until such time as the certificate issued to the applicant Is cancelled, withdrawn, or has expired (C) Radio dispatch required. Every certificate holder shall maintain a radio dispatch system in operation during the hours of operation set forth in the application for the Certificate of Public Convenience and Necessity, capable of providing reasonably prompt service in response to requests received by telephone. Two- way radios are the preferred system. Citizens Band (CB) radios shall not be used. Any holder of a Certificate of Public Convenience and Necessity at the time of passage of this ordinance shall have six (6) months from the effective date thereof to comply with this provision. (D) Scanners prohibited. The use of scanners or other similar devices to monitor other taxicab operators calls is hereby prohibited. (Code 1965, 520.22 Ord. No. 1910, 4-3-73; Code 1991, §117.34; Ord. 4623, 10-05-04) 117.35 Transfer Of Certificate No Certificate of Public Convenience and Necessity may be sold, assigned, mortgaged, or otherwise transferred without the consent of the City Council. (Code 1965. §20-23; Ord. No. 1910, 4-3-73; Code 1991, §117.35; Ord. 4623, 10-05-04) 117.36 Suspension, Revocation Of Certificate (A) A certificate Issued under the provisions of this article may be suspended by the Chief of Police, or his duly -appointed representative, if the holder thereof has (1) violated any of the provisions of this article, (2) discontinued operations for more than 20 days, (3) violated any ordinances of the city, or the laws, federal or state, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. FAYETTEVILLE CODE TITLE XI BUSINESS (B) The Chief of Police, or his duly -appointed representative, shall inform the City Council of all such suspensions, and may also recommend the revocation of a certificate. Upon such recommendation, the City Council shall set a time and place for a revocation hearing. The holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. (Code 1965, §20-24; Ord. No. 1910. 4-3-73; Ord. No. 2716, 4- 21-81; Code 1991, §117.36; Ord. No. 4823, 10-05-04) 117.37 Taxicab Driver's Permit Required; issuance Procedure (A) No person shall operate a taxicab for hire upon the streets of the city and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at any time for hire, unless the driver of said taxicab shall have first obtained and shall have then In force a taxicab driver's permit issued under the provisions of this subchapter. (B) Application n3quired. (1) An application for a taxicab driver's permit shall be filed with the Chief of Police, or his duly -appointed representative, on forms provided by the city, and such application shall be verified under oath and shall contain the following information: (a) The names and addresses of four residents of county, who have known the applicant for a period of one year and who will vouch for the sobriety, honesty, and general good character of the applicant. (b) A concise history of his employment and, (c) satisfactory proof that the applicant is twenty one (21) years of age or over, as required by Arkansas Code Annotated § 14-57-404. (C) Before any application is finally passed upon by the Chief of Police, or his duly -appointed representative, the applicant shall be required to show that he has a current motor vehicle's chauffeur's for hire permit issued by the state. (D) The police department shall conduct a local background check of each applicant for a taxicab driver's permit, and a report of such background check and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Chief of CD117:8 OF ORDINANCES REGULATIONS Police, or his duly -appointed representative. (E) The Chief of Police, or his duly -appointed representative, shall, upon consideration of the application and the reports and certificate required to be attached thereto, approve or reject the application. If the application Is rejected, the applicant may request a personal appearance before the City Council to offer evidence why his application should be reconsidered (F) Form and term of permit. (1) Upon approval of an application for a taxicab driver's permit, the Chief of Police, or his duly - appointed representative, shall issue a permit to the applicant which shall bear the name, address, age, signature and photograph of the applicant. (2) Such permit shall be in effect for the remainder of the calendar year. A renewal permit for each calendar year thereafter shall be issued, unless the permit for the preceding year has been revoked. (G) Each certificate holder shall maintain copies of the drivers permit application and other supporting information so long as the driver is employed by the certificate holder. Each certificate holder shall promptly inform the Chief of Police, or his duly - appointed representative, upon the termination or resignation of a driver. (Code 1965, §§20.25-20-31; Ord. No. 1910, 4-3-73; Code 1991, §117.37; Ord. 4632, 10-05-04) 117.38 Display Of Permit Every permittee under this article shall post his driver's permit in such a place as to be in full view of all passengers while the driver is operating a taxicab, and the permit shall be Illuminated when necessary for viewing. (Code 1965, §20-32; Ord. No. 1910, 4-3-73; Code 1991, §117.38; Ord. 4623, 10-05-04) 117.39 Suspension, Revocation Of Permit The Chief of Police, or his duly -appointed representative, is hereby given the authority to suspend any driver's permit issued under this article for a driver's failure or refusal to comply with the provisions of this article, such suspension to last for a period of not more than ten days. The Chief of Police, or his duty - appointed representative, Is also given authority to revoke any driver's permit for failure to comply with the provisions of this article. 'However, a permit may not be suspended or revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf. FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS (Code 1965, §20-33; Ord. No. 1910, 4-3-73; Code 1991, §117.39; Ord. 4623, 10-05-04) 117.40 Failure To Comply With Applicable Law Every driver licensed under this article shall comply with all city, state, and federal laws. Failure to do so will justify the Chief of Police, or his duly -appointed representative, in Instituting proceedings for revocation of the permit. (Code 1965, §20-33.1; Ord. No. 1910, 4-3-73; Code 1991, §117.40; Ord. 4623, 10-05-04) 117.41 Vehicles To Be Kept Safe And Sanitary Every vehicle operating under this article shall be subject to a thorough examination and Inspection by the Fleet Division of the City, to include verification of the accuracy of each fare meter. The cost of said inspection shall be at a rate set by the Fleet Superintendent and shall be calculated at the hourly charge schedule utilized by the division. In addition, certificate holders shall pay an annual one hundred (100) dollar fee per vehicle, to defray the Citys administrative costs. The vehicle must comply with such reasonable rules and regulations as may be prescribed by the Chief of Police, or his duly -appointed representative. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the Chief of Police, or his duty -appointed representative, shall determine necessary. The vehicle, upon passage of an Inspection shall be affixed with a decal that certifies the vehicle as safe to operate In the city of Fayetteville. (Code 1965, §20-332; Ord. No. 1910,4-3-73; Ord. No.1916, 4- 17-73; Code 1991, §117.41; Ord. 4623, 10-05-04) 117.42 Designation Of Vehicle As Taxicab By Insignia Or The Like No vehicle covered by the terms of this article shall be licensed whose color scheme, Identifying design, monogram, or Insignia to be used thereon shall, In the opinion of the Chief of Police, or his duly -appointed representative, conflict with or Imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this article, In such a manner as to be misleading or tend to deceive or defraud the public; and provided further, that If, after a license has been issued for a taxicab hereunder, the color scheme, identifying design, monogram or Insignia is used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the license of or certificate covering such taxicab or taxicabs shall be suspended or revoked. The vehicle operator shall also be required to display the decal affirming the safe CD117:9 • condition of the vehicle. In addition, every taxicab shall have affixed to its roof an Illuminated sign bearing either the word 'taxicab' or 'taxi. (Code 1965, §20.33.3; Ord. No. 1910,4-3-73; Ord. No. 2527, 5- 1-79; Code 1991, §117.42; Oro. 4623, 10-05-04) 117.43 Acceptance, Discharge Of Passengers (A) Duties of Drivers. (1) RestNcUon on number of passengers. No drivers shall permit more persons to be caned in a taxicab as passengers than the rated seating capacity of the taxicab as defined by the vehicle manufacturer. Every taxicab, as required by state law, shall carry a child safety seat and the driver shall know how to properly install and safely use such device. A child under six years of age, property restrained by a child safety seat shall not be counted as an extra passenger when accompanied by an adult. (2) Refusal to cony orderly passengers prohibited. No driver shall refuse or neglect to convey any orderty person or persons, or any person or persons accompanied by a seeing eye dog, or a seeing eye dog upon request, unless unable or forbidden by the provisions of this article to do so, provided, It shall not be unlawful for a driver to refuse or neglect to convey any passenger who has previously refused or failed to pay a legal fare as provided in this article. (3) Prohibitions of drivers. It shall be a violation of this article for any driver of a taxicab to solicit business for any hotel or motel, or to attempt to divert patronage from one hotel or motel to another. Neither shall such driver engage In selling intoxicating liquors or use his vehicle for any illegal purpose. (4) Passengers without fare prohibited. No driver shall permit any person to be carried In a taxicab as a passenger without payment of the legal fare mentioned in this article while a fare - paying passenger Is also being caned in the cab. (B) 'Shared Ride' vs. 'Exclusive Ride." All persons engaged In the taxicab business in the city, operating under the provisions of this article, shall render an overall service to the public desiring to use taxicabs. Such service may be a "shared ride' taxicab system where the consent of passengers Is • FAYETTEVILLE COD TITLE XI BUSINES not needed to pick up or discharge additional passengers, nor to choose the route taken by the vehicle; or, such service may be an "exclusive ride" taxicab system providing door-to-door service in which the party hiring the vehicle has exclusive use of the vehicle and may direct the vehicle's route and destination. Under the shared ride system, a maximum of three pickups at different locations shall be permitted; after which all parties must reach their destination before additional pickups can be made. Response to calls. Holders of Certificates of Public Convenience and Necessity shall answer all calls recelved by them during the hours of operation specified on the holder's application for services inside the corporate limits of the city 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 call can be answered and give the reason for the delay. Any holder who shall refuse to accept a call anywhere in the corporate limits of the city at any time when such holder has available cabs shall be deemed in violation of this article, except on those occasions when the Chief of Police, or his duty -appointed representative, declares the streets of the City to be unsafe due to Inclement weather. Any vehicle operated under the provisions of this article shall be equipped with snow tires or chains when required by weather conditions. (Code 1965, §§20-33.7, 20-33.8; Ord. No. 1910, 4-3-73; Ord. No.2302, 1-4-77; Ord. No. 2601, 2-19-80; Ord. No.2716, 4-21- 81; Code 1991, §117.43; Ord. No. 4623, 10-05-04) 117.44 Signed Receipt To Passenger Upon Request The driver of any taxicab shall, upon demand by the passenger, render to such passenger a signed receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the taxicab company, the number of the taxicab, amount of charges, and date and time of transaction. (Code 1965, §20-33.5; Ord. No. 1910, 4-3-73; Code 1991, §117.44; Ont. No. 4623, 10-05-04) 117.45 Refusal Of Passenger To Pay Fare It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this article after having hired the same, and it shall be unlawful for any person to hire any vehicle herein defined with Intent to defraud the person from whom it Is hired of the value of such service (Code 1965, §20-33.6; Ord. No. 1910, 4-3-73; Code 1991, §117.45; Ord. No. 4623, 10-05-04) • E OF ORDINANCES S REGULATIONS 117.46 Daily Manifest To Be Kept Every company shall maintain a daily manifest upon which are recorded all trips made each day, showing the Ume and place of origin and destination of each trip and amount of fare. The forms for each manifest shall be of a character approved by the chief of police. (Code 1965, §20-33.9; Ord. No. 1910, 43.73; Ord. No. 2527, 5- 1-79; Code 1991, §117.46; Ord. 4623; 10-05-04) 117.47 Advertising (A) Subject to the restrictions provided herein, it shall be lawful for any person owning or operating a taxicab, bus, van, or motor vehicle for hire to permit advertising matter to be affixed or installed in or on such taxicab, bus, van, or motor vehicle for hire. The advertising shall not in any way obstruct the vision of the driver of the vehicle. Advertising on a taxicab shall be limited to one sign located on the rear of the vehicle which sign shall not exceed nine square feet in area. Advertising on a bus or van shall be limited to one sign on each side of the vehicle and one sign on the rear of the vehicle, none of which signs shall exceed 12 square feet In area. (B) It shall be unlawful for any person to display on any taxicab, bus, van, or motor vehicle for hire any advertisement of tobacco products, alcoholic beverages, x -rated motion pictures, or any advertisement that is false, misleading, or deceptive. (Code 1965, §20-33.10; Ord. No. 1910, 4-3-73; Ord. No. 2750, 8-18.81; Code 1991, §117.47; Ord. 4623, 10-05-04) 117.48 Enforcement The police department possesses the authority under existing law to Issue citations as appropriate. (Code 1965, §20-33.11; Ord. No. 1910, 4-3-73; Code 1991, §117.48; Ord. 4623, 10-05-04) 117.49 Meter Rates Established (A) It shall be unlawful for any person, owning, operating, driving, or in charge of any taxicab for hire in the city to drive or operate such taxicab, or to use or advertise In connection therewith the word "taxi, 'taldcab," or "cab" or in soliciting trade from the public to represent or exhibit such vehicle as a "laid," "taxicab," or "cab" unless such vehicle is equipped with an approved fare meter according to the provisions of this chapter. An approved fare meter is a meter that registers accumulating fare charge with each amount being visible to passenger(s). (B) Meter rates shall be used exclusively by all taxicabs excluding waiting time except as provided CD117:10 • • FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS in subsection (D) below. The ceiling rates shall 15-75; Code 1991, §117.61; Ord. No. 4623, 10-05-04) apply to all taxicabs operating in the city. The Initial rates are set out as follows: (1) Exclusive ride. Ceiling rate, no more than a rate of: (a) Initial meter charge: $2.00 (b) Charge per mile: $1.50 (2) No more than 51.00 per additional person shall be charged. (3) Waiting time ceiling rate, not to exceed $18.00 per hour. (C) Passengers shall pay only the fare which appears on the meter. If no fare appears on the meter, the passenger's ride shall be free, except as provided in subsection (D) below, and excluding waiting time. (D) A taxicab operator may make special contractual arrangements In advance with persons at fares either higher or lower than those set forth by this article, but such contract must be in writing and a copy thereof filed with the City Clerk. 117.50-117.59 Reserved ARTICLE V LIMOUSINE SERVICE 117.60 Definition For the purpose of this article, the following definition shall apply unless the context clearly indicates or requires a different meaning. Limousine service. Transportation service over the streets of the city, in a type of automobile commonly referred to as a limousine and having a manufacturer's seating capacity of at least eight persons, including the driver. This definition expressly excludes taxicabs. (Code 1965, §20-34; Ord. No. 1080, 4.4-55; Ord. No. 2099, 4- 15-75; Code 1991, §117.60; Ord. No 4623, 10.05-04 ) 117.61 License Required; Fee It is hereby declared to be a privilege for any person to furnish limousine service and no person shall engage In such undertaking without first paying to the city an annual license fee of 5100.00 for each limousine used on the streets of the city, for the privilege of engaging In such business. The fee shall be paid on or before January 1st of each year. 117.62 Vehicles To Be Kept Safe And Sanitary Every vehicle operating under this article shall be subject to a thorough examination and Inspection by the Fleet Division of the City. The cost of said Inspection shall be at a rate set by the Fleet Superintendent and shall be calculated at the hourly charge schedule utilized by the division. The vehicle must comply with such reasonable rules and regulations as may be prescribed by the Chief of Police, or his duly -appointed representative. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the Chief of Police, or his duly -appointed representative, shall determine necessary. The vehicle, upon passage of an Inspection shall be affixed with a decal that certifies the vehicle as safe to operate In the city of Fayetteville (Code 1965, §20-36; Ord. No. 1080, 4-4-55; Ord. No. 2099, 4- 15-75; Ord. No. 2660, 9-18-80; Ord. No. 3037, 10-2-84; Ord. No. 3234, 12-16-86; Ord. No. 4003, §1, 10-1-96; Code 1991, §117.62; Ord. No. 4623, 10-05-04) 117.63 Liability Insurance No person shall furnish limousine service unless and until such person has filed with the finance director a copy of a motor vehicle liability insurance policy Issued by an Insurance company authorized to do business in the state, providing limits of not less than 525,000.00 for personal Injury to, or death of, any one person in any one accident, liability limits of 550,000.00 for personal injury to, or death of, two or more persons in any one accident, and 525,000.00 for Injury to or destruction of property of others In any one accident. (Code 1965, §20-38; Ord. No. 1080, 4-455; Ord. No. 2099, 4- 15.75; Ord. No. 3037, 10.2.84; Ord. No. 4623, 10-05-04) 117.64-117.74 Reserved ARTICLE VI RENT -A -CAR SERVICE 117.75 Definition For the purpose of this article, the following definition shall apply unless the context dearly Indicates or requires a different meaning. Rent-ecer service. The furnishing of rent -a -car service in the city whereby an automobile is rented for the exclusive use of a person for an Indefinite period of time at a rate established by both the mileage traveled and length of time the automobile Is so rented. (Code 1965, §20-35; Ord. No. 1080, 4-4-55; Ord. No. 2099, 4- (Code 1965, §20-50; Ord. No. 1261, 4-10-61; Code 1991, §117.75) CD117:11 • • City of Fayetteville Staff Review Form City Council Agenda Items Contracts Frank Johnson Submitted By 7 -Dec -04 City Council Meeting Date Division Action Required: Police Department Schedule a public hearing to determine if a Certificate Of Public Convenience and Necessity should be issued to CTS Airport Shuttle and Limousine Service. N/A Cost of this request N/A Account Number N/A Project Number Budgeted Item N/A Category/Project Budget N/A Funds Used to Date N/A Remaining Balance Budget Adjustment Attached N/A Program Category / Project Name N/A Program / Project Category Name N/A Fund Name � / Previous Ordinance or Resolution # ,.-" 4. ' .— ` Olt Original Contract Date: Department Director Dat Original Contract Number: C26 G j n rl/i $1260YCity Attome Date Mayor Date Received in City Clerk's Office Received in Mayor's Office • • FAYETTEVI LLE THE CITY OF FAYIITIVILTE. ARKANSAS KIT WILLIAMS, CITY A rroRNEY DAVID WHITAKER, ASST CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE D.� STs; 04- PLAbv,c, Cono. LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council FROM: Kit Williams, City Attorney DATE: November 30, 2004 RE Limousine service Our newly passed (October 5, 2004) amendment to "Limousine Service" defines such term as: "Transportation service over the streets of the city, In a type of automobile commonly referred to as a limousine and having a manufacturer's seating capacity of at least eight persons, including the driver. This definition excludes taxicabs " Fayetteville Code §117.60 Thus, to be a "limousine" in Fayetteville you must not only have a seating capacity of at least eight, but also be what is "commonly referred to as a limousine." When interpreting an ordinance, we follow the same rules as for an interpretation of a statute. "In determining the meaning of a statute, the first rule is to construe it just as it reads, giving the words their ordinary and usually accepted meaning in common language." Clemmens v. Office of Child Support Enforcement, 345 Ark. 330, 47 S.W. 3d 227, 234 (2001). • • Merriam Webster's Collegiate Dictionary defines "limousine" as follows: "limousine 1. a large luxurious, often chauffeur- driven sedan that sometimes has a glass partition separating the driver's seat from the passenger compartment 2. a large vehicle for transporting passengers to and from an airport" (page 674, Tenth Edition) (emphasis added) Thus, a "limousine" is either a stretch sedan or a Targe vehicle servicing an airport. A stretch sedan is not a minivan. The stretch sedan type of limousine can deliver passengers from locations in Fayetteville to other locations in Fayetteville and elsewhere. A van can be a "limousine" if it is restricted to transporting passengers to and from an airport. However, a van or minivan transporting passengers from one Fayetteville location (not the airport) to another non -airport location would fall outside the normal definition of "limousine." Tare Re ARKANSAS • City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city_clerk@cilayetteville.ar.us DEPARTMENTAL CORRESPONDENCE To: Frank Johnson Police Department From: Clarice Buffalohead-Pearman City Clerk Division Date: December 13, 2004 Re: Res. No. 205-04 The City Council passed the above resolution, December 7, 2004, granting CTS Airport Shuttle and Limousine Service a Certificate of Public Convenience and Necessity. I have attached a copy of the resolution recognizing that decision. The resolution will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments cc Internal Auditor