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Home My WebLink About80-17 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 80-17 File Number: 2017-0089 AMBASSADOR TRANSPORTATION SERVICES, LLC: A RESOLUTION TO TRANSFER A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM DESTINY LIMOUSINES, LLC TO AMBASSADOR TRANSPORTATION SERVICES, LLC FOR THE OPERATION OF THREE (3) TO SIX (6) TAXICABS IN THE CITY OF FAYETTEVILLE WHEREAS, Ambassador Transportation Services, LLC has purchased all of the assets of Destiny Limousines, LLC, which currently holds a Certificate of Public Convenience and Necessity as required to operate in the City of Fayetteville; and WHEREAS, § 117.35 of the Fayetteville City Code requires City Council approval for the Certificate of Public Convenience and Necessity to be transferred from Destiny Limousines, LLC to Ambassador Transportation Services, LLC; and WHEREAS, the City Council of the City of Fayetteville, Arkansas, taking into consideration the number of taxicabs and limousines 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, finds the applicant, Ambassador Transportation Services, LLC is fit, willing, and able to perform such public transportation and to conform to the provisions of Article IV of Chapter 117 of the Fayetteville Code of Ordinances. 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 approves the transfer of a Certificate of Public Convenience and Necessity from Destiny Limousines, LLC to Ambassador Transportation Services, LLC for the operation of three (3) to six (6) taxicabs in the City of Fayetteville, in accordance with Article IV of Chapter 117 of the Fayetteville Code of Ordinances. Page 1 Printed on 3/22/17 Resolution: 80-17 File Number 2017-0089 PASSED and APPROVED on 3/21/2017 Approved: Attest: Sondra E. Smith, City Clerk Treasurer FAYETTEVILLEl J %9�.• h"A NSP• r� i 0 N,► ►►�� Page 2 Printed on 3122117 City of Fayetteville, Arkansas 113 West Mountain Street y c Fayetteville, AR 72701 (479) 575-8323 i i 3 " Text File -- " File Number: 2017-0089 Agenda Date: 3/21/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 2 AMBASSADOR TRANSPORTATION SERVICES, LLC: A RESOLUTION TO TRANSFER A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FROM DESTINY LIMOUSINES, LLC TO AMBASSADOR TRANSPORTATION SERVICES, LLC FOR THE OPERATION OF THREE (3) TO SIX (6) TAXICABS IN THE CITY OF FAYETTEVILLE WHEREAS, Ambassador Transportation Services, LLC has purchased all of the assets of Destiny Limousines, LLC, which currently holds a Certificate of Public Convenience and Necessity as required to operate in the City of Fayetteville; and WHEREAS, § 117.35 of the Fayetteville City Code requires City Council approval for the Certificate of Public Convenience and Necessity to be transferred from Destiny Limousines, LLC to Ambassador Transportation Services, LLC; and WHEREAS, the City Council of the City of Fayetteville, Arkansas, taking into consideration the number of taxicabs and limousines 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, finds the applicant, Ambassador Transportation Services, LLC is fit, willing, and able to perform such public transportation and to conform to the provisions of Article IV of Chapter 117 of the Fayetteville Code of Ordinances. 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 approves the transfer of a Certificate of Public Convenience and Necessity from Destiny Limousines, LLC to Ambassador Transportation Services, LLC for the operation of three (3) to six (6) taxicabs in the City of Fayetteville, in accordance with Article IV of Chapter 117 of the Fayetteville Code of Ordinances. City of Fayetteville, Arkansas Page 1 Printed on 312212017 Greg Tabor Submitted By City of Fayetteville Staff Review Form 2017-0089 Legistar File ID 3/21/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/9/2017 Police / Police Department Submitted Date Division / Department Action Recommendation: Staff, requests hearing for Certificate of Public Convenience and Necessity regarding taxi application filed by Ambassador Taxi Company. Ambassador is under new ownership. This request is pursuant to City Ordinance 117.32 regarding "Public Hearing for Certificate." - Account Number Project Number Budgeted Item? Budget Impact: Current Budget Funds Obligated Current Balance Fund Project Title $ Does item have a cost? Item Cost Budget Adjustment Attached? Budget Adjustment Remaining Budget $ V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: Zaytevlle TO: FROM: DATE: RE: Mayor Lioneld Jordan and Members of the City Council Greg Tabor, Deputy Chief of Police" -,_,X_' February 9, 2017 THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT 100-A West Rock Street Fayetteville, AR 72701 P(479)587-3555 F(479)587-3522 Request for Public Hearing on a Certificate of Public Convenience and Necessity for Ambassador Taxi Company. Recommendation: The council should schedule a public hearing to determine if a Certificate of Public Convenience and Necessity should be issued to Ambassador Taxi Company. Background: City Ordinance 117 article IV governs taxicabs and requires a public hearing to determine if there exists the further need for taxicab service. Discussion: Attached is the application for Ambassador Taxi Company. The application contains all information needed as listed in City Ordinance 117.32. Budget Impact: None. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701 Certificate of Public Convenience & Necessity Page 1 of 3 Updated 02/26/14 Certificate of Public Convenience & Necessity Application/Renewal As required to comply with Chapter 117 of the Fayetteville Code of Ordinances Applica 1t Nameddress Phone Number �r7CL��=--�k-Y.Ld1�� C � f �.� 4 � �C � . 4K _ � L S C� •`f J O y Name of Business Phone Number L nJ L,� _ rQ ., 41- % Z 7r `) Business Location • p � 4 U +�z 2 Mailing Address , % %S* _LL � Type of Business (Sole Proprietor, Corporation,. LLC) Name and address of all owners, officers and stockholders: r Name of person to whom complaints should be directed: Type of Permit Requested: Taxicab >.�` Limousine_._._ Financial status of applicant (Attach financial statement or profit and loss statement) List any unpaid judgments against any of the owners, officers and stockholders and the nature or acts giving rise to said judgments: NO N4 I Certificate of Public Convenience & Necessity Page 2 of 3 Updated 02/26/14 Describe the experience of all owners, officers and stockholders in the transportation of passengers: Give any facts you believe tend to prove the necessity of granting a certificate: List the number of vehicles that will be under your operation or control: Minimum and Maximum number of vehicles to be permitted: 3 Minimum Maximum List the location of proposed depots and terminals: Describe the color scheme or insignia to be used to designate your vehicle: tAj L,14 List your days and hours of operation: aV17 List any days you do not propose to provide taxicab service to the general public: List your proposed passenger rate schedule: -- -1/),,\ -Ablej Signature of pplicant State of C`, i t x e/S County of ° Certificate of Public Convenience & Necessity Page 3 of 3 Updated 02/26/1.4 D� -®& Date On tthis the day of ____,___ ti.w-"—t' u—� _ , 20 before me, rrr •` personally appeared known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and affirms that the statements in this document are true and complete. In witness whereof I hereunto set my hand and official seal. No ry Publir, My Commission expires: KIMBERLY ANN ROBERTS WASHINGTON COUNTY NOTARY PUSLIC -- ARKAN$AS My �Commis�ion ExplreoAprii,'tf, M3 Commission No. 12393613 Police Department Representative D'at I O-N_qe *92-�a r 3p AGREEMENT FOR SALE OF BUSINESS AGREEMENT MADE between Dane Zimmerman and Darren Warren, hereinafter "Seller" and Bill ].Deatherage, hereinafter "Buyer". The parties recite and declare: 1. Sellers own and conduct 100% of a business known as Destiny Limousines, LLC at 8200 SW Regional Airport Drive, Suite 2 City of Bentonville, County of Benton, State of Arkansas. 2. Sellers desire to sell 100% of said business and Buyer desires to buy 100% of such business for the price and on the terms and conditions hereinafter set forth. FOR THE REASONS set forth above, and in consideration of the mutual covenants and promises of the parties hereto, Seller and Buyer covenant and agree: - 1. Sale of Business. Sellers agree to sell and Buyer agrees to purchase, free from all liabilities and encumbrances, the above-described business, including the lease to such premises, the goodwill of the business as a going concern, all of Seller's rights under its contracts, licenses, and agreements, and all assets and property owned and used by Seller in such business as specified in Appendix A, other than property specifically excluded. 2. Consideration. In consideration for the transfer of 100% of the above described business from Seller to Buyer, Buyer shall pay to Seller the sum of $50,000.00 (fifty -thousand dollars), which Seller shall accept from Buyer in full payment therefore, subject to the terms and conditions herein contained. 3. Terms of payment. The purchase price shall be paid by Buyer to Sellers as follows: (a)The sum of $10,000.00 upon closing; (b)The remaining balance of $40,000.00 shall be owner financed by the sellers (c) The buyer agrees to make two separate monthly payments in the amount of $750.00 per month ($1500.00 total) to Dane Zimmerman and Darren Warren; (d) The first payment is due beginning on September 1, 2016, and will continue for 25 successive months with a final payment of $500.00 each to Dane Zimmerman & Darren Warren due on November 1,2018; (e) If payment is not received by thelOth of each month, a 10%late fee will be assessed; (f) If the full payment is not made in 45 days, the buyer defaults on the loan and the business will automatically revert back to the sellers with no repayment.due form the sellers; (g) In the event of a default, the buyer agrees that the sellers may sue him for the remaining payment; (h) In the event the buyer wishes to sell the company before it is paid off, the sellers have a right of first refusal; (i) If the sellers decline to exercise their right of first refusal, all remaining balances due on the finance agreement shall come due at the time of the business is sold. 4. Adjustments at Closing. Sellers will be solely responsible at the time of the closing for all expenses contained in Appendix B. 5. Accounts Receivable. After the sale of the Business, sellers will continue to receive all accounts receivable earned through July 31,- 2016.- 6, 1;2016.- 6. Time of Closing. The closing shall take place at the office of Seller's attorney, on August 1, 2016 at 1 o'clock . Upon payment of the portion of the purchase price then due to Sellers, Sellers shall deliver to Buyer such instruments of transfer as are necessary to transfer to Buyer the business and property referred to herein. Such instruments of transfer shall effectively transfer to Buyer full title to the business and property free of all liens and encumbrances. 7. Representations of Seller. Sellers represents and warrant that: (a) They are duly qualified under the laws of the State of Arkansas to carry on the business as now owned and operated. (b) They are the owners of and have good and marketable title to the property involved in this sale, free of all restrictions on transfer or assignment and all encumbrances, judgments, or liens are now pending or threatened against him or against the business. (d) Sellers have complied with, and Is not in violation of, all applicable federal, state, and local statutes, laws, and regulations affecting Seller's properties or the operation of Seller's business. (e) They will, up to the date of closing, operate his business in the usual and ordinary manner and will not enter into any contract except as may be required in the regular course of business. 8. Assumption of Liabilities. Buyer agrees to assume 100% of those contracts listed in the attached schedule of property, Appendix 1 '0 A, and those liabilities that arise in the ordinary course of Seller's business after the signing of this Agreement but before closing. Buyer shall not be liable for any of the obligations or liabilities of Seller of any kind and nature other than those specifically mentioned herein. Buyer will indemnify Seller against any and all (lability under the contracts and obligations assumed hereunder, provided that Seller is not in default under any of such contracts or obligations at the date of closing, 9. Modification. No alteration or other modification of this Agreement shall be effective unless such modification shall be in writing and signed by the parties. 10. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their successors and assigns. IN WiTNESS WHEREOF, the parties have executed this Agreement at the law office of Nolan, Caddell & Reynolds, 211 N 2nd St, Rogers, AR 72756. Seiler Buy Subscribed a is orn before me on thisto�day oFJ, 2016. �•MwMla„e,r� Notary a"'r�EyFl A Publi --V — (seal) 5, Attachments: Appendix A: Schedule of Assets Included A ,N•'``!� Appendix B: Schedule of Liabilities to Be Pal d` fellers Ott>rr ass 1141s�r ttl;ir�urltttie�n !fie)►%' "fi) X Item Additional Info (VI'+Serial Numbcr) QTY 2004 Lincoln Town Car VIN: 1LNH1w18IWl4Y634977 1 2007 Lincoln Town Car VIN: 1 LNIIMS I V47Y607459 1 2008 Dodge Grand Caravan VM, 11781-N, 44112813184581 l Office Desk 3 Callice Cli(iirs 21 Reception Chairs 2 Filing Cabinet 2 black Filing Cabinets 2 Dcskiop Computrr HP Tower and Flat Monilor I I)cmvp Printer Epson Wireless Printcr 1 Cisco IP 11Iwncs %longe VO1P Dcsktop Phones 3 C'ordlcss Phone Vonage VO1P Cordless Phone 1 Misc. Shop Equipment A 41 � Appendix B Sellers will be responsible for the following debts at the time of closing, 1. $6000.00 to Butler Broadcasting 2. $1900.00 to Verizon Wireless 3. All remaining invoices owed to owner operators as of july 31, 2016 MCGHEE INS NWA 2894 W WALNUT STE A ROGERS, AR 72756 538762 33735 1 AB 0.399 PGULS01 M 114 033735 Named insured DESTINY LIMOUSINES LLC AMBASSADOR TRANSPORTATION PO BOX 41 LOWELL, AR 72745 ��11111111'��11��111�1111"�'I�1111'�111111�1�1'I'I'�III��'lll'I Commercial Auto Insurance Coverage Summary This is your Declarations Page Your coverage has changed RM76RE111 E' CGIMMEirC141 Policy number: 02831369-0 NAIC Number: 11770 Underwritten by: United Financial Casualty Company November 19, 2016 Policy Period: Jan R, 2016 - Jan 8, 2017 Page 1 of 3 prog ressiveagent.co m Online Service Make payments, check billing activity, print policy documents, or check the status of a claim. 1-479-633-0505 MCGHEE INS NWA Contact your agent for personalized service. 1-800-444-4487 For customer service if your agent is unavailable or to report a claim. Your coverage began the later of January 8, 2016 at 12:01 a.m. or at the time your application is executed on the first day of the policy period. This policy period ends on January 8, 2017 at 12:01 am, This coverage summary replaces your prior one, Your insurance policy and any policy endorsements contain a full explanation of your coverage, The policy limits shown for an auto may not be combined with the limits for the same coverage on another auto, unless the policy contract allows the stacking of limits. The policy contract is form 6912 (06/10). The contract is modified by forms 2852AR (12/11), 1652AR (12/11), 1198(01/04),4852AR (05/07),4881AR (12/11)andZ228(01/11), The named insured organization type is a corporation. Policy changes effective November 18, 2016 ..................................................................... ...... .... ......................................... ...................... ......... Premium change: -$149,00 ............................................................................................................................................. Changes: The driver information has changed, The changes shown above will not be effective prior to the time the changes were requested. cong19 nu Form 6489 AR (12111) Policy number: oms136y-0 DESTINY LIMOUSINES Uc Page of] Outline of coverage Description Limits oedomm Premium ........... ............'......'...''.....'......'................................ ....�.....^..^... ......,~......^.. ...'.........' Liability To Others $6,090 _Bodily �|n�ry�d P �mpe�Damage L ��bN�____*0-0-6,60-0 $3O0�0Ommh�o s�ybUmh__._._~____^__,,___ Stated Amount: ^$2O,0OO(including Permanently Attached Equip) Uo�mmd.�n�h�________________$] 0O�OO �� mm��ddng��hmh_'___~__,_____^_.��U4 D2 ............. ................... ...... ... .............. -............................................... Uninsured Motorist Property Damage ---.- $25,000 each�@en ........ ~-........... ----......... Personal Injury Protection ... _,_,_,_,____.�$280,_______77 JD Medical Expense $5,080each person Income Disability Rejected -- Accidental Death Azidento|Death .... I .........'...'......................... ........ I ...'.'... Knjec1ed ....... ........... ............ .....��.^�.��.�....�� Comprehensive' .............'.. 179 See Auto Coverage Schedule Limit of|iobi|kv|eadodu��o '�''r^^^---^--''~^^~^` 3008 Cheorm|ouUplan6en 340 See Auto Coverage Schedule Limit o/liability less deductible Subtotal policy premium' .... ................................................. Radius: 50 $7,324 -................... Fees ....................... .----.-......................... .^-............. 40 -----------------------'~'--^~'-'--'-^------~~----^-`-^^-^--'~-' Premium . -w� 33 Rated drivers '----'--------`~^`''^`'~^~~'~~'~-^^^^~~'~^'~-~^'~-^^'-~^-`~'^~~~^~-~'^-'~ 1. 0LLY0FATH[RAG[ ---------~^-~'~-'----'^---~------^----~--^-----'~^''~-^-''^----' l 80NN�HAMMOND ` --.------~-....._...-^---^._..--..----~._---_--------_----- 3. VALERIE- HE�NER --_------_......-^.~.-..^..----.-----'`----.---------_----'----- 4. BRADLEY MARS ---------.-.--^--~--_~-.--..�.-.~-.----------.----'_-'_.------.- 5. JANET [RY0ER � ..~''----......... ........... ....... '-~............ .............. .^....................... ~.~...... --_'.---~...... 6. Auto coverage schedule l 2015 Dodge Grand Caravan Stated Amount: ^$2O,0OO(including Permanently Attached Equip) NN: 2[4KD6D64FK750479 Garaging Zip Code: 72712 Radius: 50 Liability liability Ulm 01 Premium ----um�m' --� */01 �� _--�wm--''m,-�_--.---�'-'__-__-'__�--.'~ $47$17 �� Physical Damage Comp comp ��m�_._w�m�___��uWm�___�y��._____^,__�___.^_________�_~~^m�w� Collision Collision Premium 'i 1"'o-60, �17U ---' �1�O0 �34O ' -' Z 3008 Cheorm|ouUplan6en VIN: 1GNDV23168D126815 Garaging Zip Code: 72758 Radius: 50 Liability V�m- m--_�-.._---~-----^.---^~-~----. LU PD ��-- Premium . -w� 33 $55 Fomi 6489 AR (12111) Liability Premium Liability Premium 3. 2008 Dodge Grand Caravan VIN: 2D8HN54P38R731825 Garaging Zip Code: 72758 Liability UM Bi UIM BI Um PI) PIP $1,533...........53 $55 $20 $56.,...... 4. 2008 Dodge Grand Caravan VIN: 2D8HN54P38R138854 U ility ......... UM BI UIM BI $1,533 $53 $55 Garaging Zip Code: 72758 Policy number: 02831369-0 DESTINY LIMOUSINES LLC Page 3 of 3 Radius: 50 Auto Total ............. ...........$1,797 Radius: 50 UM PD PIPAuto Total ...... ........ .... ............ ........... ................ ........................................... $20 $56 $1,717 *A vehicle's stated amount should indicate its current retail value, including any special or'permanently attached equipment. In the event of a total loss, the maximum amount payable is the lesser of the Stated Amount or %dual Cash Value, less deductible. Be sure to check stated amount at every renewal in order to receive the best value from your Progressive Commercial Auto policy. Premium discount Policy ............................ .... ..._.................. ............... .I ....... ,........... ,.,.... .......,................ 02831369-0 Business Experience Loss Payee information .................................................................................................................................................... 1 , Loss Payee Auto 1 WILLIAM HOLLINGSWORT 2182 SHUMATE LN SPRINGDALE, AR 72762 2015 Dodge Grand Caravan (2C4RDGBG4FR750479) Additional Insured information 1 . Additional Insured NW AR RGNL ARPRT 1 AIRPORT DR BENTONVILLE, AR 72712 ...... ............................. ...... ...... ............... .............,..,............ ....,.... 2 . Additional Insured WILLIAM HOLLINGSWOR 2182 SHUMATE LN SPRINGDALE, AR 72762 Important Address and Telephone Information Arkansas Insurance Department Consumer Services Division 1200 West Third Street Little Rock, AR 72201 (800) 852-5494 Customer Service Office Information You may contact Customer Service at 1-800-444-4487 or by mail at PO Box 94739, Cleveland, OH 44101. Company officers Secretary Form 6489 AR (12/11)