HomeMy WebLinkAbout72-05 RESOLUTIONRESOLUTION NO, 7 2 — 0 5
SCANNED
A RESOLUTION GRANTING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO DYNASTY CAB
COMPANY FOR THE OPERATION OF TWO (2) TO TEN (10)
TAXICABS 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 Dynasty Cab
Company for the operation of two (2) to ten (10) taxicabs within the City of
Fayetteville, Arkansas, in accordance with Chapter 117, Fayetteville Code of
Ordinances.
PASSED and APPROVED this 5th day of April 2005.
ATTEST:
By:
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FAYETTEVILLE;
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SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, May
Certificate of Public Convenience & Necessity
Application/Renewal
As required to comply with Chapter 117 of the Fayetteville Code of Ordinances
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App scant Name Address t Phone Number
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Name of Busins Phone Number
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Business Location ✓
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Mailing
!% -Mailing Address
2tOo r/ 2,
Type of Business (Sole Proprietor, Corporation, LLC)
Name and address of all owners, officers and stockholders:
fee
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Name of person to whom complaints should be directed:
ice
Financial status of applicant (Attach financial statement or profit and Toss statement)
List any unpaid Judgments against any of the owners, officers and stockholders and the nature or acts giving rise
to said Judgments:
(ilodoe)
Describe the experience of all owners, officers and stockholders In the transportation of passengers:
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Give any facts you believe tend to prove the necessity of granting a certificate:
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List the number of vehicles that will be under your operation or control: /
Minimum and Maximum number of vehicles to be permitted:
List the location of proposed depots and terminals:
Minimum Maximum
Describe the color scheme or insignia to be used to designate your vehicle:
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List your days and hours of operation:
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List any days you do not propose to provide taxicab service to the general public:
List your proposed passenger rate schedule:
3- Z9
Police Depart en pre ive Date
Personal Financial Statement of
Brice R. Curry
as of July 10, 2004
Birth Date: 08-27-51 Address: 5631 E. Mission Blvd. Fayetteville
A.R. 72703
Social Sec. No. 429-96-9276
Home Phone: 521-1974 No of Dependents: 1 Bus. or Occupation
Owner/Manager Curry's Inc. Phone: 479-521-6724
ASSETS
Cash on Hand & in Banks 26,883.07
Ameritrade On Line Account
Policy # 983.00
Paypal Account
Acct. # 1,100.00
Antique Coin, Currency, Silver Collection, 24K Gold
Stamp Collection, & other Collectibles 20,435.00
Record Vinyl Collection (over 1,500 33RPM Records
Present Market Value $4.00 to 18.00 per Record) 5,600.00
1984 BMW 745i
(Lic. # Y1W970 Serial # WBAFF8403E8402506) 600.00
1993 Chrysler LaBaron Convertiable
(Lic.#260BYR Serial # 1C3XU5536PF500615) 1,500.00
1992 Lincoln Continental
(Lic.#260BYR Serial # 1LNLM974XNY737435) 1,200.00
1997 Lincoln Continental Limo
1FTDE15F6CHA61316 14,500.00
1993 Lincoln Towncar
(Lic.# 244HWP Serial # 1LNLM83W5PY660090) 3,500.00
1997 Ford Contour
(Lic.# None Serial # 3FALP653XVM116685) 3,900.00
TOTAL CURRENT ASSETS 96,981..00
Real Estate Owned 100% Interest Property
Located at 2020 Baker Dr. Fayetteville, AR. 72703
Real Estate Owned
98,700.00
5631 E. Mission Blvd.
Notes & Accounts Receivable - Doubtful
Jim Winchell
Paul Bunch
Other Securities - Not Readily Marketable
Note Receivable Sale of Curry's Video
118th of Horizon Investments
100% Special Occasions (Fayetteville)
100% C J Technologies Inc. DBA Computer Systems
100% Special Occasions (Springdale)
Personal Property
TOTAL ASSETS
235,000.00
7,547.00
3,000.00
57,145.44
5,693.00
82,968.38
00.00
00.00
12,500.00
599,534.82
Personal Financial Statement of
Brice R. Curry
as of July 10, 2004
LIABILITIES
Notes Due Mortgage
Homecomings Financial 74,741.94
Note # 0434526182
Payment 584.00
Central States Mortgage
Note # 645169192 171,000.00
Payment
Notes Due to Banks
Bank of Rogers
Note # 2301 Paid
Payment 1,064.43
Bank of Rogers
Note # 4591 22,988.33
Line of Credit
Bank of Rogers
Note # 5455
Payment 1,500.00 Paid
Bank of Rogers
Note # 8740 3,093.42
Payment 395.41
Bank of Rogers
Note # 6885 42,551.13
Line of Credit
Note # 9622
2°a Mortgage Baker St. 3,110.00
Payment 250.00 Approximately
Accounts and Bills Payable 27,635.16
Credit Cards & Personal
Unpaid Taxes Due 0.00
TOTAL LIABIIITIES
NET WORTH
345,119.98
254,414.84
TOTAL LIABILITIES & NET WORTH 599,534.82
Personal Financial Statement of
Brice R. Curry
as of July 10, 2004
FROM :McNair & Associates
FAX N0. :479-521-8617 Mar. 28 2005 10:24AM P1
ARKANSAS INSURANCE IDENTIFICATION CARD
(STATE)
COMPANY NUMBER COMPANY
Natinal Liability& Fire Ins Co
POLICY NUMeeft EFFECTIVE DATE EXPIRATION DATE
73APN282053 04.11812004 04J1812005
YEAR MAKE MODEL VEHICLE IDENTIFICATION NUMBER
1995 Ford Windstar 2FMDA5145SBC28277
AGENCY/COMPANY ISSUING CARD
McNair & Associates
P 0 Box 819 (479)521-7800
Fayetteville, AR 72702.0819
INSURED
Brice Curry
612 N College
Fayetteville, AR 72701
SEE IMPORTANT NOTICE ON REVERSE SIDE
THIS CARD MUST BE KEPT IN THE INSURED
VEHICLE AND PRESENTED UPON DEMAND
IN CASE OF ACCIDENT: Report all accidents to your Agent/Company as
soon as posnible. Obtain the following information:
• 1. Name and address of each driver, passenger and witness.
2. Name of Insurance Company and policy number for each
vehicle involved.
ACORD 5011/80
®ACORDCORPORATION 1983 J
Yolanda Fields
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
City Council Meeting Date
CRCC
Division
Action Required:
e.
ARCHIVED 605 5165
AA dl 64, 10
Cifrniccuel y/�r
► Pc-ogr&w
Operations
Department
Review Contract between the City of Fayetteville and Dynasty Cab Company
10, 000.00
estimated amt
Cost of this request
2180-4970-5390-03
Account Number
Project Number
Budgeted Item
x
61,858.00
Category/Project Budget
3,467.00
Funds Used to Date
53,712.91
Remaining Balance
Budget Adjustment Attached
Elderly Taxi Program
Program Category / Project Name
Public Service
Program / Project Category Name
Community Development
Fund Name
Department D rector
City Attorney
cat7L du/a,
Finance and Internal Service Director
G -14.%..01
Date
Previous Ordinance or Resolution # 701 -05-
Original
SOriginal Contract Date:
Original Contract Number:
Received in Mayor's Office
Mayor
Date
Comments:
ELDERLY TRANSPORTATION PROGRAM
SERVICES AGREEMENT
THIS AGREEMENT executed this / Day ofd 2005 between the City of Fayetteville,
hereinafter called the City and Dynasty Cab Company.
WHEREAS, the City administers an Elderly Transportation program which principally benefits
low and moderate income individuals age 60 and over in the City of Fayetteville;
AND WHEREAS, the Dynasty Cab Company operates or manages a privately -owned taxi cab
service within, but not limited to, the Fayetteville city limits;
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein,
the City and the Dynasty Cab Company agree as follows:
1. Dynasty Cab Company agrees to accept the taxi voucher coupons issued by the city in
lieu of cash for taxi service. The coupons are issued to eligible, approved program
participants. Each coupon will represent one unit of direct service provided by Dynasty
Cab Company.
2. By the tenth (10th) day of each month, Dynasty Cab Company will submit an invoice to
the City's Community Development Division office, in a form prescribed by the City, for
authorized services rendered under this Agreement for the previous month. Dynasty Cab
Company will submit completed, accurate driver log records, in a format prescribed by
the City, and the actual coupons to be redeemed, as supporting documentation for the
invoice.
3. The City will pay Dynasty Cab Company at a rate of $2.00 for each unit of direct service
provided.
4. The Dynasty Cab Company agrees to operate the taxi cab service in full conformance
with all applicable federal, state, and local laws, regulations, policies, and standards,
including but not limited to: permits; licenses; insurance; fire, health, safety, and
sanitation requirements. Further Dynasty Cab Company agrees to comply with the
following program policies:
a. All operators of, and passengers in, vehicles providing transportation services
under this agreement shall wear seatbelts while the vehicle is being operated.
b. No smoking is permitted in vehicles providing transportation services under this
agreement.
c. Dynasty Cab Company will make every effort to minimize pick-up wait times to
program participants receiving transportation services under this agreement.
d. Dynasty Cab Company will in no instance within his control, allow conditions or
circumstances which place the older person, or the household of the older person,
in imminent danger to their health or safety. In any occurrence of the nature
described in this paragraph Dynasty Cab Company shall immediately report or
1
bring the incident to the attention of appropriate officials.
5. Dynasty Cab Company assures that all services necessary and required under this
Agreement will be performed by Dynasty Cab Company, and all personnel
engaged in work under this agreement shall be fully qualified and shall be authorized
under state and local law to perform Dynasty Cab Company such services.
6. If, through any cause, Dynasty Cab Company shall fail to fulfill in a timely manner and
proper manner its obligations under this Agreement, or if Dynasty Cab Company shall
violate any of the covenants, contracts, stipulations, or policies of this Agreement, the
City shall thereupon have the right to terminate this Agreement by giving written notice
to Dynasty Cab Company of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of termination. In that event, all finished or
unfinished documents, reports, or coupon reimbursements prepared by Dynasty Cab
Company shall, at the option of the City, become its property and Dynasty Cab Company
shall be entitled to just and equitable compensation for any satisfactory work
completed under this agreement.
7. Dynasty Cab Company shall indemnify the City against any loss or damage, including
attorney's fees and other costs of litigation, caused by Dynasty Cab Company's
negligence or acts of omissions, either by Dynasty Cab Company or its agents or
employees. Dynasty Cab Company shall defend any suit against the City alleging
personal injury due toservice rendered under this Agreement. If Dynasty Cab Company
refuses or neglects to defend any suit, the City may defend, adjust, or settle any such
claim, and the cost of such defense, adjustment, or settlement, including reasonable
attorney's fees, shall be charged to Dynasty Cab Company.
8. Dynasty Cab Company shall not assign nor transfer any interest in this Agreement
without prior written consent of the City.
9. Dynasty Cab Company shall procure and maintain, at their own expense, comprehensive
bodily injury and property damage liability insurance for vehicles providing
transportation services under this agreement. Said insurance policies shall provide
minimum coverage of $25,000 for injury or death of one person in any one accident;
$50,000 for injury or death of two or more persons in any one accident; $15,000 for
property damage in any one accident.
Dynasty Cab Company shall provide proof of insurance within five (5) days from the
date this Agreement is approved by the City.
10. Dynasty Cab Company shall obtain and maintain a certificate of public convenience and
necessity from the Fayetteville Public Transit Board.
Dynasty Cab Company to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352)
which provides that no person in the United States shall on the ground of race, color, or national origin, be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
2
By executing this Agreement, the City does not waive its statutory tort immunity under
Arkansas Code Ann. Section 21-9-301 (1987).
This Agreement shall be effective as of !, and shall be in force during the period
commencing on the effective date and ending` ado 4, , and
during such additional period or periods as Dynasty Crab Company and the City may
agree upon.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed by their
duly authorized officers the day and year first written above.
Dal; ones
Dynasty Ca: Company
WITNESS:
1ETTE LLE
I.O
DER CITY OF F
an Coody, Mayor
City of Fayetteville
3
The City of Fayetteville, Arkansas
To: Mayor, City Attorney, and Finance and Internal Service Director
Thru: Gary Dumas, Director of Operations
From: Yolanda Fields, CRCC Director
Date: June 3, 2005
Subject: Staff Review of Contract with Dynasty Cab Company
Recommendation:
Approval of contract with Dynasty Cab Company
Background:
The City of Fayetteville Community Development Block Grant (CDBG) office has
funding available to assist senior citizens with taxi service. The senior citizen goes
through an application process to participate in our program. The participant is issued
fifteen (15) coupons per month that can be used immediately or held until needed. The
current coupons are valued at $2.00 ea. The taxi program allows senior citizens the
independence and mobility that they require.
Discussion:
Dynasty Cab Company has been issued a Certificate of Public Convenience and
Necessity for the operation of two (2) to ten (10) taxicabs within the City of Fayetteville.
The Dynasty Cab Company agrees to accept the taxi coupons in lieu of money. The
contract with Dynasty Cab Company would provide a choice of two taxicab companies
doing business in Fayetteville.
Budget Impact:
CDBG funding would be used for this contact.
113 WEST MOUNTAIN 72701
479-575-8330
479-575-8257 (Fax)
RESOLUTION NO. 7 2 - 0 5
A RESOLUTION GRANTING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO DYNASTY CAB
COMPANY FOR THE OPERATION OF TWO (2) TO TEN (10)
TAXICABS 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 Dynasty Cab
Company for the operation of two (2) to ten (10) taxicabs within the City of
Fayetteville, Arkansas, in accordance with Chapter 117, Fayetteville Code of
Ordinances.
PASSED and APPROVED this 5th day of April 2005.
ATTEST:
By:
FAYETTEVILLE:
SONDRA SMITH, City Clerk'`.
APPROVED:
By:
Clarice Pearman - Drnas
From: Clarice Pearman
To: Fields, Yolanda
Subject: Dynasty Cab Company
Yo,
Attached is a copy of the Dynasty Cab Company for the Elderly Transportation Program.
CC: Deaton, Vicki
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Mayor. Dan Coody and Members of the City Council
FROM: Frank Johnson, Chief of Police �cG
DATE: March 29, 2005
RE: Request for Public Hearing on a Certificate of Public Convenience and
Necessity for Dynasty Taxi
Recommendation:
The council should schedule a public hearing to determine if a Certificate of
Public Convenience and Necessity should be issued to Dynasty Taxi.
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. Mr. Curry is currently approved for limo service under the
same corporation.
Discussion:
Attached are copies of Mr. Curry's application for his certificate, insurance policy
and financial statement.
Mr. Curry is making this request for up to 10 vehicles. At this time he has
provided proof of insurance for 1 Ford Windstar van.
7a. -05-
RESOLUTION NO.
A RESOLUTION GRANTING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO DYNASTY CAB
COMPANY FOR THE OPERATION OF TWO (2) TO TEN (10)
TAXICABS 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 Dynasty Cab
Company for the operation of two (2) to ten (10) taxicabs within the � .f
Fayetteville, Arkansas, in accordance with Chapter 117, Fayette,
Ordinances.
e'f
PASSED and APPROVED this 5th day of Apr
APPRO
City Clerk
DY, Mayor
61 c
ALDERMAN AGENDA REQUEST FORM
FOR: COUNCIL MEETING OF APRIL 5, 2005
FROM: ROBERT REYNOLDS, Alderman
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution Granting A Certificate Of Public Convenience And Necessity To Dynasty
Cab Company For The Operation Of Five (5) Taxicabs Within The City Of Fayetteville,
Arkansas
APPROVED FOR AGENDA:
Robert Reynolds,
Alderman
David hitaker,
Assistant City Attorney (as to form)
Date
34 9/..f
Date
Frank Johnson
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
19 -Apr -05
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
Dynasty Taxi
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
Dep rtment Director
Previous Ordinance or Resolution #
3/Li do
Date Original Contract Date:
Original Contract Number:
City Attorney
Finance and Internal Service Director Date
044
Mayor
Comments:
Date
Received in Mayor's Office
SCANNED