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HomeMy WebLinkAbout248-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 248-20 File Number: 2020-0690 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - AMBASSADOR TAXI COMPANY: A RESOLUTION GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO AMBASSADOR TAXI FOR THE OPERATION OF UP TO SIX (6) TAXICABS IN THE CITY OF FAYETTEVILLE 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 Ambassador Taxi for the operation of up to six (6) taxicabs in the City of Fayetteville, in accordance with Chapter 1 17.32 of the Fayetteville Code of Ordinances. PASSED and APPROVED on 10/6/2020 Attest: Kara Paxton, City Clerk' Page 1 Printed on 1019120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0690 Agenda Date: 10/6/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C. 1 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - AMBASSADOR TAXI COMPANY: A RESOLUTION GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO AMBASSADOR TAXI FOR THE OPERATION OF UP TO SIX (6) TAXICABS IN THE CITY OF FAYETTEVILLE 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 Ambassador Taxi for the operation of up to six (6) taxicabs in the City of Fayetteville, in accordance with Chapter 1 17.32 of the Fayetteville Code of Ordinances. City of Fayetteville, Arkansas Page 1 Printed on 101712020 City of Fayetteville Staff Review Form 2020-0690 Legistar File ID 10/6/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Mike Reynolds 9/8/2020 Police (200) Submitted By Submitted Date Division / Department Action Recommendation: Staff requests hearing for Certificate of Public Convenience and necessity regarding taxi application files by Ambassador Taxi Company. Ambassador Taxi allowed their license to lapse in 2018. This request is pursuant to City Ordinance 117.32 regarding "Public Hearing for Certificate". Budget Impact: Account Number Fund Project Number Budgeted Item? Does Item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title Purchase Order Number: V20180321 Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: P4dMmVI CITY COUNCIL AGENDA MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 6, 2020 TO: Mayor and City Council FROM: Mike Reynolds, Chief of Police DATE: September 8, 2020 SUBJECT: 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. Dane Zimmerman owned Ambassador Taxi Company and was approved for a certificate of public convenience and necessity on March 17, 2015. Bill Deatherage purchased the company on July 29, 2016. City Attorney Kit Williams was made aware of the sale of the company and stated the new buyers needed to seek approval of the City Council for the assignment of the Certificate of Public Convenience. An application for Certificate of Public Convenience and Necessity was presented to the City Council on March 21, 2017 and approved. The certificate was vacated in 2018. DISCUSSION: Attached is the application for Ambassador Taxi Company. The application contains all information needed as listed in City Ordinance 117.32. The City of Fayetteville currently has three taxi companies: Fayetteville Taxi, Payless Taxi and Dynasty Taxi Service. Fayetteville Taxi has a minimum of only one vehicle and one permitted driver. Payless Taxi currently has two vehicles permitted, but one permitted driver. Dynasty Taxi has not had any vehicles permitted in 2020 and have not had any drivers permitted in 2020. Their insurance is still current, but they are no longer taking calls for service in our city. BUDGET/STAFF IMPACT: None Attachments: - Certificate of Public Convenience and Necessity Application from Ambassador Taxi Company. - Statement of Financial Status. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 - Certificate of Insurance. - Arkansas Department of Transportation Intrastate Renewal Compliance Letter. - Fleet Information. - Ambassador Taxi Logo. 2 Certificate of Public Convenience & Necessity Page I 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 Christina D Osbourn 2070 White Oak Drive NE Gravette AR 72736 479.787.3197 Applicant Name Address Phone Number Oestirty Limousines LLCMeatherage Transportation LLC dba Ambassador Transportation Services 479.250.1594 Name of Business Phone Number 1105 West Linda Lane Rogers PR 727M Business Location 1105 West Linda Lane Rogers AR 72758 Mailing Address Sole Proprieter Type of Business (Sole Proprietor, Corporation, LLC) .Name and address of all owners, officers and stockholders: Billy Deatherage. Owner 1105 West Linda Lane Rogers AR 72758 Christina D Osbourn 2070 White Oak Drive NE Gravette AR 72736 Name of person to whom complaints should be directed: Christina D Osbourn Main: 419.2550.1594 Cell: 479.787,3197 Type of Permit Requested: Taxicab X 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 outstanding debt, judgements or liens 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: lunbresador has been in business in NVW% since 2of I. our c%l—I omlerwerked as a driver under the previous owner before purchasing Me business in 2015. % operale In Sentonvik. Rogers, Siloam Springs & S aingdala and hold licenses in all those titles VVe accept the city Iasi mupons in Untairvile, Rogers & Springdale. Give any facts you believe tend to prove the necessity of granting a certificate: Wa receive rrnl4le cats daily requesting service in Fayetteville. We have cordmete pending w ith 7Hills Center, Northwest Medical and Wash' �glon Regional, all in Fayetteville. We have been in laud) tM01 ll ose that are in charge ci your city taxi voucher program and know that there is a need for laris wdlinn lire tiny. ' List the number of vehicles that will be under your operation or control: 6 Minimum and Maximum number of vehicles to be permitted: 2 6 Minimum Maximum List the location of proposed depots and terminals: We are based in Rogers and will eonrnue, to opwane from them- Hav mer. rm plan to send a couple of vehHea down 6rto Fayedavile daily towook the area, which world enable us to raspord mare glyddy amd effidn dly to catls. Describe the color scheme or insignia to be used to designate your vehicle: Black, white, red. gold List your days and hours of operation: Mon thru Fri 4 am to midnight / Sat & Sun 7 am to 10 pm We are available 24/7 with advanced notice .We are also available 2417 by special arrangement on a per customer basis for emergency after hour service. List any days you do not.propose to provide taxicab service to the general public: None List your proposed passenger rate schedule: $20 minimum fare OR $3/mile - $5 extra stop/extra passenger Certificate of Public Convenience & Necessity Page 3 of 3 Updated 02l26(14 Signature of Applicant Date State of f ii 1LCt+�I S a s County of�,.n-�-Url On this the 5� day of 2& \ , � before me, personally appeared C k yl <s-k rt 0. 5 bo L., r-' 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. MY Commission expires: I / ! Ct.�1 �: Nota Public JEANETTE WESTMOK BENTON COUNTY NOTARY PUBLIC ARKANSAS My Commission EV1,88 " 18. 2028 Comffiuion No, 12704367 I& 4YtV&.? u Police Department Represents a Date 1105 W Lit MBASSADOR M Fax: (479) 372-6054 Email: wei TRANSPORTATION SERVICES 'rtransportationl1c.com STATEMENT OF OVERALL FINANCIAL STATUS To Whom It May Concem: Destiny Limousines LLC/Deatherage Transportation LLC dba Ambassador Transportation Services, is a disable service veteran owned and Rogers AR based Taxi/Hired Car Service and Airport Shuttle service. We are licensed as an intrastate contract carrier in the State of Arkansas, and holding licenses in the cities of Rogers, Springdale, and Siloam Springs. We also operate within the City of Bentonville, which does not require taxi licenses currently. We are authorized accept city taxi vouchers/coupons in the cities of Bentonville, Rogers, and Springdale. Our fleet consists of 6 vehicles (one minivan, one SLIV, one Station Wagon/Crossover-Type vehicle, two sedans and one 8-passenger coach van). One sedan and the 8-passenger vehicle are currently inactive due to reduced business volume in recent months. All vehicles are fully paid for with clear titles in hand. All vehicles undergo pre -shift and post -shift inspections, monthly in-depth inspections done by a certified mechanic who also performs all routine maintenance and any repairs noted during the inspection. We operate on a balanced budget, with no outstanding judgements, liens, or debt of any kind. We look forward to expanding our service to include the City of Fayetteville. Please direct any and all questions or comments to our Company Administrator as noted below. Thank you for your consideration, Billy Deatherage, Owner (Retired) Christina Osbourn, Company Administrator Cell Phone: (479) 787-3197 f 0-140-d- Date Date "`;"C C>RD� CERTIFICATE OF LIABILITY INSURAN CE E DATE (M�Yp°ryyyyl IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 512020 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTEA CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHOp1ZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the cIVEDD, ,CatO subject to the terms and holder If SUBROGATION IS WAIVED, is an ADDITIONAL INSURED, the poFiry11 XI must have ADDITIONAL INSURED Provisions or be this certificate endorsed. conditions of the policy, certain policies may require an endorsement. A statement on PRODUCER does not center rights m the cartlficcoate holder In lieu of such endorsoment(s). 8 Associates 71-- McNairSharon Davis P O Box B+9 '• {4(9)521.7800 AX SS r rXr'CdssoCidff ern AIC Nol: {479) 521 -0617 Fayetteville I IN AR 72702-0819 INSUREaA: Nasonal INSURED NAIC 0 Ambassedcr Transportation Services INSURER a: 1105 W Linda Lane INSURERC: INSURER D: Rogers INSRCRE: ) AR i2:58 COVERAGES ImmmeRr. I CERTIFICATE NUMBER: C1.2051106173 THIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVEREVFOR ON HE MOLIC INDICATED.VOT PERIOD -VJITHSTANDING ANY RFOUIREMENT, TE4Mt OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RES r.CT rO WHiCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE iNSJRANCE AFFORDED BY THE POLICIES DESCRBED HEREIN IS St191FCT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES _IMITS SFOVYN MAY HAVE BEEN RFJLIC F0 By ?AID CLAIMS. A LTR TYPE OF INSURANCE — ZY E$W COM�NL aElIERA WL�aflJTY NSD YI1Ve ----- POLICY NUMBER fNMVODlYY (YYJpDrryyyy UI/TS CIAIMSJIWOEOCCUR EAf,7¢:iC„^t,rye Rrc S 3IXI QOL FRENtSESrEaohxasrc S A Tan Servhcet:/Ahrpon Shuttle _ -ED EXP (Arrr ona r>trsonl S OP00000745 02/2012020 07./2012021GENLAGGR£GAT_LIMI rAPFUESPER: ERSONAL BADV INJURY S POLICYEEC LDC ENERALAWREGATE 3 100,O0D AU'roaI ELIAM rY ^' -- 5 ANYAUTO denii ; 300,000 SCHECI BODILY;NJURY;Fer person) S A AA OS ONLY X AUTOS OP00000145 HIRED NON-0NNED 02/20/2020 02120/202t B001I Y INJURY (Pe aocdaul AUTOS ONLY AUTOS ONLY ;'R Rra Per accoeml S UMBRELLA LIAB UndennSured moloriS1 ; 100.000• OCCUR AND EMPLOYERS, LIABILITY AHY PP.OPRIETORIPARTNERIEXECUTI4E YIN OFF. CFRA1EueE R EY,CLUDEO, N/A (Mandatory In NMI DESCRIPTION OF OPERATIONS I LOCATIONSIVEHICLE8 (ACORD i0l, Additional Remarks Schedule. may be attached If more spun Ia requlretll City of Fayetteville 125 W Mountain Fayetteville AR 72701 FL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAMCELL ED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED ACORD 25 (2018103) L� ©1988-201SACORD CORPORATION, AM rights reserved The ACORD name and logo are registered marks of ACORD Vehicle Schedule Summary Named Insured: AMBASSADOR TRANSPORTATION SERV Effective Date: 07/06/2020 Veh No Year Type AR-003 Y005 TAXICAB/CAR SERVICE AR-004 2005 TAXICAB/GAR Make VIN ease Code MERCURY MOON- 4M2ZU86K25UJ 547800 TAINEER 1.4451 :HRYSLER 2C8GP64L55R2 3WN BAMP• ageoa 547800 ADM-1070 (1-17) Vwtkia rivar Stredu* Copy ROGERS,AR 103 ROGERS,AR 103 Expiration Date: 02/20/2021 - Radius Zone :100 0-100 . . ARKANSAS DEPARTMENT OF TRANSPORTATION / ARDOT.Sov I IDriveArkansas con Lorie H. Tudor, P.E., Director ARKANSAS DEPARTMENT 10324 Interstate 30 1 P.O. Box 2261 I Little Rock,AR 72203-2261 U!OF TRANSPORTATION Phone: 501.S69.2000 I Voice/TTY 7111 fax: S01.569.2400 June 5, 2020 TO: M-58461 Destiny Limousines, LLC/Deatherage Transportation, LLC dba Ambassador Transportation 1105 W. Linda Lane Rogers, AR 72758 FROM: LEGAL DIVISION RE: 2020 ARKANSAS INTRASTATE RENEWAL This will confirm that your 2020 Arkansas intrastate renewal has been completed and processed in our office. As of this date, according to information on file in this office, your company is in compliance with the rules and regulations of the Arkansas Department of Transportation regarding proof of public liability insurance. Should your insurance lapse or be cancelled, this notice is in no way proof that adequate coverage exists. You should make every effort to ensure that there is no lapse of insurance coverage and that proper insurance renewals are filed with the Legal Division, Arkansas Department of Transportation, P. O. Box 2261, Little Rock, AR 72203-2261. Questions should be directed to Lakeysha Walker at (501) 569-2355. BEFORE THE ARKANSAS STATE HIGHWAY COMMISSION IN THE MATTER OF APPLICATION OF DESTINY LIMOUSINES, LLC/DEATHERAGE ) PERMIT NO. M-58461 TRANSPORTATION, LLC, DBA ) AMBASSADOR TRANSPORTATION ) FOR AUTHORITY AS A CONTRACT ) CARRIER, INTRASTATE ) REPORT AND ORDER Application filed June 21, 2018 with the Arkansas State Highway Commission by Destiny Limousines, LLC/Deatherage Transportation, LLC, an Arkansas corporation doing business as Ambassador Transportation, seeking authority to operate as a contract carrier by motor vehicle in intrastate commerce transporting passengers, under continuing contract(s) between all points and places in the State of Arkansas, over irregular routes, as set forth in the application and notice of hearing. A protest was filed by Stewart Larrabee to the application, and after due notice the matter was heard by the Commission's duly -appointed Hearing Officer on July 23, 2018. The hearing was held pursuant to the Commission's rules and regulations at its hearing offices, Arkansas Department of Transportation, Little Rock, Arkansas. FINDINGS Upon full consideration of the evidence and all matters and things involved herein, and being well and sufficiently advised in the premises, we find the requested service to be in the public interest and in furtherance of the state transportation policy. The applicant is fit, willing and able properly to perform the proposed service and to conform to the requirements of the Motor Carrier Act and rules and regulations thereunder. We further find that no valid basis to deny the granting of authority was presented by the protestant We further find that the application should be granted. ORDER IT IS, THEREFORE, ORDERED, that the application of Destiny Limousines, LLC/Deatherage Transportation, LLC, an Arkansas corporation doing business as Ambassador Transportation, for authority to operate as a contract carrier motor vehicle, in intrastate commerce, be, and is hereby granted, subject to such conditions and limitations as are now or may hereafter be attached to the exercise of the privileges herein granted. IT IS FURTHER ORDERED that the transportation service to be performed by said carrier in intrastate commerce shall be as specified below: IRREGULAR ROUTES: Passengers and their belongings, under continuing contract(s), Between all points and places in the State of Arkansas, over irregular routes. IT IS FURTHER ORDERED, and made a condition of this certificate, that the holder hereof shall comply with all rules and regulations of the State of Arkansas concerning the operation of a motor vehicle over the highways of this State. IT IS FURTHER ORDERED, and is made a condition of this authority, that the holder thereof shall render reasonably continuous and adequate service to the public in pursuance of the authority herein granted, and that failure to do so shall constitute sufficient grounds for change, revocation, or suspension of this authority. l Entered this 0k' day of ) It.( , 2018. BY ORDER OF THE COMIv1ISSION: ATTES IV 4yS=4HAjW5LfCER AD STRATIVE AWE V Ap ed annified on behalf on the Arkansas State Highway Commission thii,Veday of 2018. BY ORDER OF THE COMMISSION i/d' �J►i��� , �!�� m4i; • 618t .t� rd ASSAD-OR TRANSPORTATION SERVICES Search Incorporations, Cooperatives, Banks and Insurance Companies -'nnter=renc!ly Version LLC Member information is now confidential per Act 865 of 2007 Use your browsel's back button to return to the Search Results BegtNew Search For service of process contact the 5ecretary at �t�te -oil I Corporation Name DESTINY LIMOUSINES, LLC Fictitious Names AMBASSADOR TRANSPORTATION SERVICES NWA LAST CALL Filing # 800191456 Filing Type Limited Liability Company Filed under Act Domestic LLC; 1003 of 1993 Status Good Standing Principal Address 1105 W LINDA LN ROGERS, AR 72758 Reg- Age BILLY DEATHERAGE Agent Address 1105 W LINDA LN ROGERS, AR 72758 Date Filed 01/06/2011 Officers CHRISTINA: DELAYNE OSBOURN , Manager JODY ZIMMERMAN , Incorporator/Jrganiier BILL`! JACK DEATHERAGE , Tar. Preparer DANE ZIMAIERMAN , Incoroorator/Organizer BILLY JACK DEATHERAGE , Manager Foreign Name NIA Foreign Address State of Origin N/A Purthasg a Cerdficato of Good. p�y�ranctiise Ta'x for this cor+�oration Standing for this Entity, The undersigned, pursuant to Act 1003 of 1993, sets forth the following: 1, The name of the Limited Liability Company is: DESTINY LIMOUSINES, LLC and is duly organized, created and existing under and by virtue of the laws of the State of Arkansas. 2, The Articles of Organization were filed on: I day of, JUNE, 2011. 3, The amendment to the Articles of Organization was adopted on: 4 day of, OCTOBER, 2016. and is: PRINCIPAL ADDRESS 1,105 W LINDA LN. REG. AGENT BILLY DEATNERAGE 1.105 W LIND.A LN. .ROGE.RS A.R 72758 OFFICER. BILLY DEATFIERAGE 4. If this is a restatement of Articles of Organization, pfease write in the words "Restatement of Articles of (present name of your company) THIS FILING HAS A DELAYED EFFECTIVE DATE OF OCTOBER 4TH, 2016.&LT;BR&GT; Signature BILLY DEATHERAGE Title INGORPORATO/ORGANIZER JOIN V)A- - -- - -- - - ---- - -- -- - Search Incorporations, Cooperatives, Banks and Insurance Companies Pinter Fnendly version ' LLC Member information is now confidential per Act 866 of 2007 Use your browser's back button to return to the Search Results i fegin New Search For service of process contact the Sev---,aN or 5i ai t s ot?rce Corporation Name DEATHERAGE TRANSPORTATION, LLC Fictitious Names AMBASSADOR TRANSPORTATION SERVICES ROGERS LLC Filing # 811085586 Filing Type Limited Liability Company Filed under Act Domestic LLC; 1003 of 1993 ,+ Status Good Standing Principal Address 1105 W LINDA L ANNE ROGERS, AR 72758 Reg. Agent BILLY JACK DEATHERAGE Agent Address 1105 W LINDA LANE ROGERSRS, AR 72758 Date Fled 09/162015 Officers SILLY JACK DEATHERAGE,, Manager BILLY JACK CEATHERAGE , IncorporatodOrganrer CHRISTINA DELAYNE OSBOURN , Manager BILVf JACK D ATHEPAGE , Tax Preparer Foreign Name NIA Foreign Address State of Origin NIA ;Ufchasea Certfffcate of Good En y Franchise Tax for this cofnoration. tdi g rut t tls Entity