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HomeMy WebLinkAbout36-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 36-19 File Number: 2018-0774 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - PAYLESS TAXI: A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO KYLE EMPSALL D/B/A PAYLESS TAXI FOR THE OPERATION OF TWO (2) TAXICABS IN THE CITY OF FAYETTEVILLE WHEREAS, the City Council of the City of Fayetteville, Arkansas finds that further taxicab service in - the City is required by the public convenience and necessity; and WHEREAS, the City Council of the City of Fayetteville, Arkansas, taking 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, finds the applicant, Kyle Empsall d/b/a Payless Taxi, 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 grants a Certificate of Public Convenience and Necessity to Kyle Empsall d/b/a Payless Taxi for the operation of a total of two (2) taxicabs in the City of Fayetteville, in accordance with Article IV of Chapter 117 of the Fayetteville Code of Ordinances. PASSED and APPROVED on 2/5/2019 Attest: Lisa Branson, Deputy Cicx rR�°ice Page 7 PItt�tfoh 21FF18 r xy . • S V. .,��f.,�►►iiii�s �► t�1,' - -: City of Fayetteville, Arkansas 113 West Mountain Street ;. Fayetteville, AR 72701 (479) 575-8323 + i Text File 64 - File Number: 2018-0774 Agenda Date: 2/5/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 1 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - PAYLESS TAXI: A RESOLUTION TO GRANT A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO KYLE EMPSALL D/B/A PAYLESS TAXI FOR THE OPERATION OF TWO (2) TAXICABS IN THE CITY OF FAYETTEVILLE WHEREAS, the City Council of the City of Fayetteville, Arkansas finds that further taxicab service in the City is required by the public convenience and necessity; and WHEREAS, the City Council of the City of Fayetteville, Arkansas, taking 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, finds the applicant, Kyle Empsall d/b/a Payless Taxi, 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 grants a Certificate of Public Convenience and Necessity to Kyle Empsall d/b/a Payless Taxi for the operation of a total of two (2) 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 2!1/2019 Greg Tabor, Chief of Police Submitted By City of Fayetteville Staff Review Form 2018-0774 Legistar File ID 2/5/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/31/2018 Submitted Date Action Recommendation: POLICE (200) Division / Department Request for public hearing to determine if a Certificate of Public Convenience and Necessity should be issued to Payless Taxi. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Fund Project Title Current Budget $ Funds Obligated $ Current Balance Item Cost Budget Adjustment Remaining Budget $ V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF -j FAYETTEVIILLE wrARKANSAS MEETING OF FEBRUARY 5, 2019 TO: Lioneld Jordan, Mayor City Council FROM: Greg Tabor, Chief of Police DATE: December 26, 2018 CITY COUNCIL MEMO SUBJECT: Request for Public Hearing on a Certificate of Public Convenience and Necessity for Payless Taxi. RECOMMENDATION: The council should schedule a public hearing to determine if a Certificate of Public Convenience and Necessity should be issued to Payless Taxi. BACKGROUND: City Ordinance 117.32 governs taxicabs and requires a public hearing to determine if there exists the further need for taxicab service and the applicant is fit, willing, and able to perform public transportation. DISCUSSION: The City of Fayetteville currently has two (2) authorized taxi service companies, which operate 7 taxis. The ownerioperator of Payless Taxi, Kyle Empsall, was previously an Uber driver with over two years of experience. Empsail is authorized to operate Payless Taxi in Washington County. Currently, he can drop off riders in Fayetteville, but he is not authorized to pick up riders in Fayetteville without a Certificate of Convenience and Necessity. He also is a Lyft driver, which allows him to pick up in Fayetteville under the Transportation Network Company Service Act. On December 6, 2018, Empsall was operating as Payless Taxi in Fayetteville, and he received citations for Operating without Public Convenience and Necessity Certificate 117.32, Operating without a Taxi Inspection Decal 117.34, and Operating without a Taxi Driver Permit 117,37. Empsall is applying for certificate, so he can operate legally in the City of Fayetteville under his company Payless Taxi Service. BUDGET/STAFF IMPACT: These policies will not have any impact on budget or staff at this time. Attachments: Certificate of Public Convenience & Necessity Application with image of decal design Certificate of Liability Insurance Financial Statement Mailing Address: T 113 W. Mountain Street www.fayetteviIle-ar.gov 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 Applicant Name T Address. 4M �'�� �� Phone Number We:l � �f.'r Name of Business Phone Number Business Mailing Address 'TA xr c A r S t✓sLiI` Type of Business (Sole Proprietor, Q n, LLC) Name and address of all owners, officers and stockholders: t 4� � ,sem f -� S Iq S" CA'L 4 �rfvl' Wo rfalr"a ZP 2Q % 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: 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: r , .11 Li -30 cdje List the number of vehicles that will be under your operation or control: Minimum and Maximum number of vehicles to be permitted: 9 " -�R Minimum Maximum List the location of proposed depots and terminals: r - Describe the color scheme or insignia to be used to designate your vehicle: List your days and hours of operation: U 's seum cicxya _ U ,tr t! , t � .Se cy c.c' Sr List any days you do not propose to provide taxicab service to the general public: List your proposed passenger rate schedule: Signature of Applt n State of_ 4 rk-�a 2 a County of Certificate of Public Convenience & Necessity Page 3 of 3 Updated 02/26/14 Date On this the day of. Lam- 20, before me, �G _. _.�(. " •'?-1L1 �_.t /.� , 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. �. C� Notary My Commission exp ires' __._ ���� 711mitmm(u�ILNT). s �s�filtl GTON COUNTr At UC -ARKANSAS My Exree mairoh 8, 21 12�47r129 Police D artme t Kel6resentative /Z /�1l8 Date Financial Statement Payless Taxi,12258 South East Campbell Road, West Fork, Arkansas Jan.2018-October 24,2018 Assets Current Assets: Cash Jan. 2018 -Dec. 2018 Gross Sales 12,185.54 Returns (1.00) Net Sales 12,184.54 Tax $0.00 Tips $147.73 Total Collected 12,332.27 Fixed Assets Transport Cars 29,000 Office 60,000 Investment Assets Insurance Bond 25/50/25 Liabilities & Loans Car 16,282 Equity Loan 16,282 Total : L& E 89,000 AC(�KU CERTIFICATE OF LIABILITY INSURANCE 10/232018YIY) � � 10/2312018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED: REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:-If the cvrlificate tivldor is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, Certalh po)icles may require an endorsemant. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsbmight(s). - • - - PRODUCER - CONTACTNAm- Dylan Roberts American Business Insurance Services, Inc. PHONE: 6MEW-1950 27 FAX: 800-980-1960 J� 32107 W- Lipder4.Cyn .Rd, Ste 120 EMAIL ADDRESS: dylan@abweah.Com Westlake Vrlla0e, CA 01351 INSURERIS) AFFORDING COVERAGE NAIC # INSURER A', United Financial Casualty Company INSURED INSURER B: Kyle Empsall dbe Payless Taxi INSURER C: 12258 Cambell INSURER D: West Fork, AR 72774 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TI4E POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INS TYPE er INSURANCE ADDL SUBR LTR Ig50 W Ll POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURENCE CLAIMS-MAOE ❑ OCCUR DAMAG o .D 8 an: MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY PRO' JECT 'LOC 0PA OIDVC T$-COMi AGC. -E OTHER: AUTOMOBILE LIABILITY couRinEu 5PrWE L:Mii Ex aawmrrp ANY AUTO BODILY INJURY (Per Person) 125,000 ALL OWNEO SC1iF171JLEfJ A AUTOS X AUTOS 07351D97-0 04i2?J18 01724/19 BODILYINJURY(Per"enq 50,000 HIRED AUTOSLJ NON-OWNEO rnsP,;RrrDAWACE AUTOS ax 25,000 UMBRELLA LIAB OCCUR CUR oC ACH oLBteruce EXCESS LIAB CLAIMS-MADE Arr rxZ7p,TF DEO RETFNTION i WORKERS COMPENSATION ANDA�[trrEH• EMPLOYER' LIABILITY Y1N 1 AhT 4=3r.1+H'E iL`r'+rRP, TIti'�•7.:y,�tVTIVli NIA E.L EACH ACCIDENT W� rC'!'RAttEr4BER F�CLU�D% ImandAmy in N)11 E.L. DISEASE, EA EMPLOYEE ria, dobmse utrJar lTE3CRtI+TtCw SIF CYERAT100 gepx E L DISEASE-- POLICY LIMIT A Uninsured Motorist 07557097-0 �^ D/f/24118 04/24/19 25,000 parpersl 50,000 perace/200 prop dam A Underinsured Motorist 07557097-0 04124118 04/24/19 25,000 per person/ 50,000 per accident DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHidLES IACORD 101,-Additonel Remaiks Schedule, may be alt"hid it more space is required) 1. 2015 Mazda "aS JM1GJ1 W5XFW4495 *10 Jay notice of cancellation in the event of non-paymoni of prernlum. CERTIFICATE HOLDER CANCELLATION Evidence of insurattce - w SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE XXXXXXXXXXX)UL7S;XXXXXXXXXXXXXXXXXXXXX EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH XXXXXXXXXXXXXXXDSXXXXXXXXXXXXXXXXXX)( THE PGLICY PROVISIONS. XXXXXXXXXXXXXXXXXXXXXY.XXXXXXXXXXXXX ALITHUn12" fiEPRESENTATIVE ' XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ACORD 25 (2014!01) ©1888-21)14 ACORD C RPORATION. All rights reserved. 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