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HomeMy WebLinkAbout154-10 RESOLUTIONRESOLUTION NO. 154-10 A RESOLUTION TO APPROVE THE GRANTING OF A PEDICAB CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO THE FAYETTEVILLE PEDICAB COMPANY WHEREAS, the City Council has reviewed the application for a Pedicab Certificate of Public Convenience and Necessity submitted by the Fayetteville Pedicab Company which has been determined proper and adequate by the Fayetteville Police Department; and WHEREAS, City Clerk Sondra Smith has set the public hearing to consider the granting of a Pedicab Certificate of Public Convenience and Necessity for the Fayetteville Pedicab Company for this date and time at the City Council Chambers; and WHEREAS, the Fayetteville Pedicab Company has notified and provided the City Council with sufficient proof of its notification of all holders of current and valid Certificates of Public Convenience for taxicabs and pedicabs; and WHEREAS, the Fayetteville Pedicab Company has fully complied with all requirements of §117.101 and the City Council has determined that pedicab service is required by the public convenience and necessity and that the Fayetteville Pedicab Company is fit, willing and able to perform such pedicab service and to conform with all ordinance requirements. NOW, THEREFORE 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 determines that the Fayetteville Pedicab Company should be awarded a Pedicab Certificate of Public Convenience and Necessity and authorizes the City Clerk to issue such Certificate. Further, the City Council determines that the Fayetteville Pedicab Company shall be authorized to operate within the Pedicab Permitted Zone of Operation of the City as shown on the map attached to the Pedicab Ordinance. Further the City Council authorizes the Fayetteville Pedicab Company to operate no more than eight pedicabs daily during the hours of 8:00 a.m. until 3:00 a.m. for a passenger rate of $1.00 plus any tips any passenger may decide to offer. Further, the Fayetteville Pedicab Company may be authorized to operate on other scheduled or special event routes at fares authorized by the Fayetteville Transportation Services Director pursuant to § 117.102cB?. �Qo� E9 !PI!lt�Pil�1 ���°�I�R e ' S Parr svOlY e. :FAYETTEVILLE: s 'r�k4 NSPS���� difel4CJ /14441 PASSED and APPROVED this 17th day of August, 2010. APPROVED: ATTEST: SONDRA E. SMITH, City Clerk/Treasurer Sondra Smith Submitted By City of Fayetteville Staff Review Fonn City Council Agenda Items and Contracts, Leases or Agreements 8/17/2010 City Council Meeting Date Agenda Items Only City Clerk Division Acton Required: City Clerk Department A public hearing to determine if a Certificate of Public Convenience and Necessity should be issued to Fayetteville Pedicab Company. N/A Cost of this request N/A Account Number N/A Project Number Budgeted Item N/A N/A Category / Project Budget N/A N/A Program Category / Project Name WA Funds Used to Date Program /Project Category Name N/A N/A Remaining Balance Fund Name Budget Adjustment Attached IEEE Finance and Internal Services Director Date g--11976 Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number Received in Cit g -1 1-1 0 Al 1:37 R C V' Clerk's Office Comments: Revised January 15, 2009 Ta7ilyeeville City Council Agenda Memo Office of the City Clerk Treasurer Sondra E. Smith, City Clerk Treasurer Lisa Branson, Deputy City Clerk Amber Wood, Deputy City Clerk Phone: (479) 575-8323 Fax: (479) 718-7695 city clerki'a?ci.favetteville.ar.us To: Mayor Lioneld Jordan Members of the City Council From: Sondra Smith (i)j2— Date: August 11, 2010 Subject: A public hearing on a Certificate of Public Convenience and Necessity for Fayetteville Pedicab Company Recommendation: A pubic hearing to determine if a Certificate of Public Convenience and Nesessity should be issued to Fayetteville Pedicab Company. The public hearing has been placed on the August 17, 2010 City Council Agenda. Background: The City Council is proposing an ordinance that will govern Pedicab companies in Fayetteville. Should the ordinance be approved a Public Hearing will need to be conducted to consider approving this Pedicab company. Discussion: Attached is a copy of an application for a Certificate of Public Convenience and Necessity for Fayetteville Pedicab Company. If the City Council approves the application and the requirements in the ordinance are fulfilled a Certificate of Public Convenience and Necessity will be issued. Currently there are no Pedicab companies, within the City of Fayetteville, that hold a Certificate of Public Convenience and Necessity. Telecommunications Device for the Deaf TDD/TTY (479) 521-1316 113 West Mountain — Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION TO APPROVE THE GRANTING OF A PEDICAB CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO THE FAYETTEVILLE PEDICAB COMPANY WHEREAS, the City Council has reviewed the application for a Pedicab Certificate of Public Convenience and Necessity submitted by the Fayetteville Pedicab Company which has been determined proper and adequate by the Fayetteville Police Department; and WHEREAS, City Clerk Sondra Smith has set the public hearing to consider the granting of a Pedicab Certificate of Public Convenience and Necessity for the Fayetteville Pedicab Company for this date and time at the City Council Chambers; and WHEREAS, the Fayetteville Pedicab Company has notified and provided the City Council with sufficient proof of its notification of all holders of current and valid Certificates of Public Convenience for taxicabs and pedicabs; and WHEREAS, the Fayetteville Pedicab Company has fully complied with all requirements of *117.101 and the City Council has determined that pedicab service is required by the public convenience and necessity and that the Fayetteville Pedicab Company is fit, willing and able to perform such pedicab service and to conform with all ordinance requirements. NOW, THEREFORE 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 determines that the Fayetteville Pedicab Company should be awarded a Pedicab Certificate of Public Convenience and Necessity and authorizes the City Clerk to issue such Certificate. Further, the City Council determines that the Fayetteville Pedicab Company shall be authorized to operate within the Central Zone (and Western Zone) of the City as shown on the map attached to the Pedicab Ordinance. Further the City Council authorizes the Fayetteville Pedicab Company to operate no more than eight pedicabs daily during the hours of 8:00 a.m. until 3:00 a.m. for a passenger rate of $1.00 plus any tips any passenger may decide to offer. Further, the Fayetteville Pedicab Company may be authorized to operate on other scheduled or special event routes at fares authorized by the Fayetteville Transportation Services Director pursuant to § 117.102(B). PASSED and APPROVED this 17th day of August, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer • Certificate of Public Convenience & Necessity Application/Renewal A* nqulr d 10 comply with Chapter 117 of the R1;0014110 Cod. of Ordloonoas '.IMS % el R. e C {cy..-t . 136:3 Applicant Name Addroiri to 4ePQJ'Cb Name at Mess � 1 .64 14 5'- 3/s Phone Number Mik4-ick •L, t. 19\ ktr15 Business Location Type of Business (Sole P rr Corporation; LLC) ('-r7q) . 15---- 3/5-8 Phone Number Name and address of all owners, officers and stockholders: a vr� col --01-1, 303 S` 6,5 `: Z) W2 1 if (Ma (7r IptK,: Name of person to whom complaints should be directed: C`Y • R0 cVX{V 1. C pinandal states of applicant (Attach f modal statement or profit and lose statement) •, See.Qbtfiteel (woke ,Por. , tk4?sr gOfpaid i +v eta 6oS ie554 Ust any unpaid judgments against any of the ownsrs, officers and stockholders and the nature or acts giving rise to said judgments: NSA Oeecdbs the experience of all owners, officers and stockholders In the transportation of passengers: Give any facts you believe tend to prove the necessity of grunting a aeMcats: ,see r C l`E eci i t�' -- 4; a r. TCCINW it/kW/04- Ust 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: ST?' o, L Minimum Maximum kiq UC✓\¢ Describe the color scheme or insignia to be used to designate your vehicle: 6 F ke.. bULke . OrkVia► a � � . ; ,� : tel744-A-zVe:- {'x'15 "7 List your days and hours of operation: [` K MOrL . �- ,, } ; �'1 ) iJ GSL e { Y� '�` lr+[ > vvt ; List any days you do not propose to provide taxicab service to the general public: List your proposed passenger rate schedule: 4 •0,14 AlitA- 411/4,1104Fepattnent Representative 7—/0"/v Date Main Street Pedi-Cabs, Inc. 11811 Upham St. #9 Broomfield, CO 80020 303-295-3822 BILI To Todd Gilmour Dallas,TX 75070 972-548-0413 toddgolfl@brahoo.com Invoice Date Invoice # 6/1/2010 05-4668 Ship To 517 W. Martin Luther King Blvd. Fayetteville, AR 72701 P.O. Number Terms Rep Ship Via F.O.B. Project 6/1/2010 UPS Quantity Item Code Description Price Each Amount J 8 3 1 MS PaliCab, Classic Discount shipping/handling Classic model pcdicab. 355' seat width. Classic includes under -seat storage, seatbelt and complete lighting system (head light, front and rear running lights, brake light and turn signals).Red Cab, Red Frame. MSP #E609, E610, E611, E6I3, E614, E616, E620, and E622. Out-of-state sale, exempt from sales tax 3,400.00 -200.00 1,325.00 0.00% 27,200.00T- -600.00T 1,325.00 0.00 Total 527,925.00 PaymentslCredlts 5.27,925.00 Balance Due 50.00 Description of experience of all owners, officers and stockholders in the transportation of passengers. To whom it may concern. I have no experience in the transportation business. Driving a pedicab involves taking people for a bike ride at slow speeds. This is a bicycle based business. I have.35 years experience with bicycles. I have been on a bicycle in Fayetteville for over 20 years. I understand the dangers of the road from a cyclist perspective. This is critical to providing a fun and safe experience. My employee training is based on 35 years iri the world of cycling. I can run a safe operation with high quality operators. Best Reagrds, Jason R. Sexton Fayettevile Pedicab Co. Fayetteville Farmers' Market PO Box 3076 Fayetteville, AR 72702 July 13, 2010 To Whom It May Concern, As manager of the Fayetteville Farmers' Market, 1 am very pleased to welcome the Fayetteville Pedicab Company to downtown Fayetteville. After experiencing a pedicab ride in downtown Louisville, KY, it was obvious what a wonderful addition these would make to downtown Fayetteville for residents and visitors alike. in my presentations to the Farmers' Market board, I have been including pedicabs on a wish list for the future, with the integration of a pedicab stand and parcel pickup in my vision of a more customer friendly market layout. it has been my dream that someday pedicabs would be available to help customers loaded down with market produce or to help the elderly with a shuttle service. Imagine my delight to actually see a pedicab pull up to the market! The environmentally friendly nature of the business and the opportunity for job creation makes this such a positive addition to the Fayetteville community. Tourists will be enthralled with the concept and € would expect to see the pedicabs become a selling point as one of the reasons Fayetteville is such a great place to live and to visit. 1 offer my full support to the Fayetteville Pedicab Company. Sincerely, Peggy Maringer Market Manager, Fayetteville Farmers' Market 479-236-2910 fayettevillefm@gmail.com INSURANCE SUMMARY Razorbikes Transportation LLC Proposal Date- July 13`'', 2010 Company Maxum indemnity Company Effective: 07/15/10 Location: 517 Martin Luther King Blvd Fayetteville, AR 72701 General Liability Coverage: L mita General Aggregate Limit (other than products -completed operations) $2,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $3,000,000 Each Occurrence Limit $9,000,000 Damage to Premises Rented to You Limit $100,000 Medical Expense Limit $3,000 $25,000 Assault & Battery Deductible: Terms/Conditions: Policy Term: 12 Months Policy Form: Occurrence Rated to operate up to 8 Pedicabs rivers $1,000 BI/PD Leased to qualified, trained professional operators A valid US drivers license is required or a valid license accompanied by a city license is acceptable Pedicab Schedule Main Street Pedicab Serial #'s: MSPE609, MSPE610, MSPE611, MSPE613, MSPE614, MSPE616, MSPE620, MSPE622 Nie/sen Insurance Agency t 6.0,468,5647 flIVIC niayency com ?2587 SLY 68TH AVE Trgard OR 97223 iAPPM‘ INSURANCE SUMMARY Razorbikes Transportation LLC Proposal Date_ July, 13 2010 PREMIUM INDICATION Coverage _ Premium General Liability 1$$ ` 3,600.0© Taxes � 195.18 Fees $ 375A0 r Total Premium $ 4,170.18 The information contained in this proposal is for illustrative purposes only and is not an insurance contract. This proposal was prepared with information you provided. Premium is subject to modification pending underwriter review. Rates proposed are valid for 30 days. Accepted by: Presented by: Nielsen Insurance Agency Dan Robinson, Agent 12587 SW 68th Ave Tigard, OR 97223 For servicing issues, please call or contact Taira Stronach airs@niagency.com - Katie Stewart katie@niegepcy.cop Date: (503) 684-6598 - Office (503) 244-6881- Fax (503) 484-7757 - Cell dan@niagency.com - Email Licensed Commercial Service Rep. Licensed Commercial Service Rep., Accounting Nielsen Insurance Agency 4 800,468.56 7WWW,11iagencycam 12587 SW 68THAVE Tigard OR g7223 To All to Whom These Presents Shall Come, Greetings: 1, Charlie Daniels, Secretary of State of Arkansas, do hereby certify that the following and hereto attached instrument of writing is a true and perfect copy of In Testimony Whereof,1 have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 12th day of May 2010. Arkansas Secretary of State - Document No.: 13264720002 - Date Filed: 05-12-2010 04:29 PM - Total Pages: 2 The undersigned authorized manager or member or person forming this Limited Liability Company under the Small Business Entity Tax Pass Through Act, Act 1003 of 1993, adopts the following Articles of Organization of such Limited Liability Company: First: The Name of the Limited Liability Company is: FAYETTEVILLE PEDICAB L.L.C. Must contain the words "Limited Liability Company," "Limited Company," or the abbreviation "L.L.C:; "L.C.," "LLC," or "LC." The word "Limited" may be abbreviated as 'Ltd.", and the "Company" may be abbreviated as "Co," Companies which perform Professional Service MUST additionally contain the words 'Professional Limited Liability Company," "Professional Limited Company," or the abbreviations "P.L.L.C.," "P L.C.," '"$LLC," or "PLC" and may not contain the name oldie person who is not a member except that of a deceased member. The word "Limited" may be abbreviated as "Ltd." and the word "Company" may be abbreviated as "Co." Second: Address of registered office of the Limited Liability Company which may be, but need not be, the place of business shall be: Street Address: 64 W. COLT SQUARE City: FAYETTEVILLE State: AR ziP: 72703 - Third: The name of the registered agent and the physical business address of said agent shall be: Name: JASON SEXTON Street Address: 64 W. COLT SQUARE Clty: FAYETTEVILLE State: AR ZIP: 72703 - Fourth: IF THE MANAGEMENT OF THIS COMPANY IS VESTED IN A MANAGER OR MANAGERS, A STATEMENT TO THAT EFFECT MUST BE INCLUDED IN THE SPACE PROVIDED OR BY ATTACHMENT: The Name of the person(,) authorized to execute this document: Name 1: JASON SEXTON Name 2: TODD GILMOUR Name 3: THIS FILING HAS A DELAYED EFFECTIVE DATE OF MAY 12TH, 2010.c$Ra Signature of authorized manager. member or person forming this Company: JASON SEXTON STATE OAlt!KANSAS Charlie Daniels SECRETARY OF STATE To All to Whom These Presents Shall Come, Greetings: 1, Charlie Daniels, Secretary of State of Arkansas, do hereby certify that the following and hereto attached instrument of writing is a true and perfect copy of Articles of Organization of RAZORBIRES TRANSPORTATION LLC filed in this office April 9, 2010 In Testimony Whereof, T have hereunto set my hand and affixed my official Seal. Done at my office in the City of Little Rock, this 9th day of April 2010. Secretary of State Arkansas Secretary of State - Document No.: 12813840002 - Date Filed: 04-09-2010 07:25 AM • Total Pages: 2 The undersigned authorized manager or member or person forming this Limited Liability Company under the Small Business Entity Tax Pass Through Act, Act 1003 of 1993, adopts the following Articles of Organization of such Limited Liability Company: First: The Name of the Limited Liability Company is: RAZORBIKES TRANSPORTATION LLC Must contain the words "Limited Liability Company; "Limited Company," or the abbreviation "L.L.C.," "LC.," "LLC," or "LC." The word "Limited" may be abbreviated as "Ltd", and the "Company" may be abbreviated as "Co." Companies which perform Professional Service MUST additionally contain the words "professional Limited Liability Company," "Professional Limited Company," or the abbreviations "P.L.L_C.," "P.L.C.," "PLLC," or "PLC" and may not contain the name of tate parson who is not a member except that of a deceased member. The word "Limited" may be abbreviated as "Ltd" and the word "Company" may be abbreviated as "Co." Second: Address of registered office of the Limited Liability Company which may be, but need not be, the place of business shall be: Street Address: 8600 PALMER CT. city: MCKINNEY State: TX ZIP: 75070 - Third: The name of the registered agent and the physical business address of said agent shall be: Name: JASON SEXTON Street Address: 3424 REMINGTON ST. City: SPRINGDALE State: AR ZIP: 72764 - Fourth: IF THE MANAGEMENT OF THIS COMPANY IS VESTED IN A MANAGER OR MANAGERS, A STATEMENT TO THAT EFFECT MUST BE INCLUDED IN THE SPACE PROVIDED OR BY ATTACHMENT; The Name of the person(s) authorized to execute this document Name 1: JASON SEXTON Name 2: TODD GILMOUR Name 3: Signature of authorized manager, member or person forming this Company: JASON SEXTON 8 A !0 gig o o ti g� i 1 N -4 O afi N o o GG C 00 0o S N 4. O O 8 88 wa 49 g S�8 N N0 Lel 8 8 O 8 ot4. N 88 88 o o 0 44 49 88 49 44 S 88 M 49 88 44 4E9 S8 44 44 O S o e 144 49 8 S N 41 h0 O 0 0 H 4/ S M M 8 8 W 8 M M A t Y 4144 M 8 S O 888 ! S 44 44 40 gggl 888 4a S N N M H N N N, 8 O O 8I 0 0 0 I _O 44.44 44 10p t S 8 0 S pO 8 8 I_ O «.«w Iggg .� 88S• t 8 nN 0001, e6 D I e: M 41 411 41 888 Iiia 8 N 40 Y I 44 p pp p4 8 8 1, 41 49 49 N 888 ! 8 N .40 µ M SSS. 8 N h 41 : 44 O 888' 4/ 44 41' 00 888 u.� N M M N Opw�w 8 8 S I S kled TO: Dynasty Taxi NWA Taxi Down Under Taxi FROM: Todd Gilmour Fayetteville Pedicab Company DATE: August 17, 2010 RE: Public Hearing This is to inform you of a Public Hearing at the Fayetteville City Council meeting TONIGHT at 6 PM for the issuance of a Certificate of Public Convenience and Necessity to the Fayetteville Pedicab Company.