HomeMy WebLinkAboutOrdinance 21018-11-2013 ORDINANCE NO.21018-11-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO MOHAMMAD JAN QAZI d/b/a 7 STAR D.F.W. LIMOUSINE,
FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC
THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS LIMOUSINE
BUSINESS, WHICH SHALL CONSIST OF THE OPERATION OF FIVE (5)
LIMOUSINES, FOR A ONE (1) YEAR PERIOD BEGINNING ON THE
EFFECTIVE DATE; SPECIFYING THE TERMS AND CONDITIONS OF THE
GRANT; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS
ORDINANCE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A
PENALTY; PROVIDING FOR WRITTEN ACCEPTANCE BY MOHAMMAD
JAN QAZI d/b/a 7 STAR D.F.W. LIMOUSINE; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, MOHAMMAD JAN QAZI d/b/a 7 STAR D.F.W. LIMOUSINE, has applied for
operating authority to furnish LIMOUSINE service on the public streets, alleys, and thoroughfares of the
City; and,
WHEREAS, the City of Fort. Worth, pursuant to Section 34-204 of the Code of the City of Fort
Worth (1986), as amended, has made inquiry and investigation into the application of MOHAMMAD
JAN QAZI d/b/a 7 STAR D.F.W. LIMOUSINE; arid,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds that:
I The public necessity and convenience require the operation of FIVE (5) LIMOUSINES
in the City of Fort Worth;
2. MOHAMMAD JAN QAZI d/b/a 7 STAR D.F.W. LIMOUSINE is qualified and
financially able to efficiently conduct such business to render such service to the public,
consisting of the operation of FIVE (5) LIMOUSINES upon the public streets, alleys
and thoroughfares of the City of Fort Worth for a one (1) year period; beginning on the
effective date, which shall be upon acceptance by the grantee and completion of the
publication requirement as determined by Chapter XXV, Section 2 of the Charter of the
City of Fort Worth and Section 34-205 of the City Code of Ordinances;
3. The general welfare of the citizens of Fort Worth will best be served by the operation of
FIVE (5) LIMOUSINES by MOHAMMAD JAN QAZI d/b/a 7 STAR D.F.W.
LIMOUSINE; arid,
4. All other requirements of Chapter 34 of the Code of the City of Fort Worth (1986), as
amended, have been complied with by MOHAMMAD JAN QAZI d/b/a 7 STAR
D.F.W. LIMOUSINE and any violations thereof will result in the Imposition of
penalties as provided by Section 34-228 of the City Code of Ordinances.
Ordinance No. 21 01 8-1 1-20 1 3
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NOW, THEREFORE, BEKTORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS THAT:
SECTION 1.
MOHAMMAD JAN QAZI d/h/u 7 STAR D.F.W. ]C0MO08IN8I, a SOLE
PROPRIETORSHIP, with its pduoipo| place of business and its headquarters in ARLINGTON,
1[ARRAN1[ COUNTY, TEXAS hereinafter referred to as ^^Compauy." is hereby granted operating
authority touse the present and future streets, alleys and public thoroughfares o[the City of Fort Worth,
Texas, in its business of providing public |irnwuoioe service n/i\bio the said City's municipal 1iodto with
FIVE (5) LIMOUSINES for u one year period beginning oo the effective date.
SECTION 2.
The fiodio8m and recitations contained in the preamble hereof are expressly incorporated into and
made a part of this ordinance au the fiodiogaof the City Council.
SECTION 3.
The Company, as holder o[the grant, and the Company's operations hereunder, obuU he governed
at all times by the provisions o[state and federal laws and regulations and Chapter 34ofthe Code nfthe
City of Fort Worth (\986)' auamended.
SECTION 4.
The uu1budty herein granted yba|| be arid remain subject to said Cnnopaoy,o [o|\, complete and
satisfactory continuing compliance with all federal, state and Louu) |avvu and ordinances, including but not
limited to the Charter of the City of Fort VVnrtb, and all relevant provisions of Chapter 34, Code of the
City o[Fort Worth (l9O6), an amended, and such other ordinances as may be adopted from time to time
by the City Council governing and regulating the operation of limousines in the City of Fort Worth.
SECTION 5.
The Company acknowledges that the City of Fort Worth assumes no liability or responsibility in
noallog this grant, and that by acceptance of this ordinance and grant, Company hereby u&rceo to
indemnify, hold harm-less and defend the City of Fort Worth, its officers, agents, and employees, from and
against any and all u|aioua or suits, expense orliability, for any and all property damage nr \ouu and/or
personal injury, including death, to any and all persons, ofwhatsoever kind or character, arising out of or
Ordinance No. 2}0l8'll'20l3
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ioconnection with any acts oron�iuxiunu by Company, its officers, o&erto, employees, drivers, Uceuucea`
invitees and passengers, in the exercise of the authority granted herein; and Company shall assume all
liability and n:apooaibi|dv for same.
SECTION 6.
The Company acknowledges that its drivers, property and operations shall he and reruain subject
at all times to such n:a0000blo regulation by the City ae is or may be necessary inprotect the interests of
the general public. As yuob' the Company understands and acknowledges that during the t000 of this
ordinance and grant, the City of Fort Worth may adopt such ordinances that tbrtkoc regulate the operation
of the Company's service wittdu the City ofFort Worth, including the amount of fees to be paid; and that
upon the adoption tbcreof, the Company shall begin conducting its operations in compliance with the
provisions of such ooji000coo. Further, should the City later adopt an ordinance that would change the
nature of the rights granted under this ordinance, the city reserves the right \o cancel or otherwise modify
any and all rights granted under this ordinance and issue a new grant of operating authority, as long as
Company iu not bo violation of any provision of Chapter ]4of the Code of the City of Fort Worth, Texas
(1980), as amended. In the event the terms and conditions of this ovdiouuou are in conflict with the
provisions of any Such ordinance adopted by the City, the provisions of such later-adopted ordinance shall
supersede the terms and conditions oftbiyordinance to the extent they are in conflict.
SECTION 7'
The Company acknowledges that payment of required fees, as specified in Chapter 34 of the
Code of the City of Fort Worth, Texas (1986)' as amended, is u requisite to exercising the privileges
granted herein.
SECTION 8.
The Company abaU be obligated io discharge any claim o,judgment against kfivaUyestablished
by law, and the failure k/ do xn for period of one hundred eighty (180) days aba)\, ipso facto, teonjnuto
all authority under this grant.
SECTION 9.
Pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (l986), as amended, the
Company oba|| not anU, convey or transfer this grant of operating authority to any other person, fion or
corporation without the prior formal consent and approval of the City Council of the City of Fort Worth,
Ordinance No. 2)0}8-)l-2U\3
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nor shall the Company sell, transfer,� assign orotherwise encumber its limousine operation without the
consent of the Fort Worth City Council.
SECTION tO.
Nothing herein contained shall be held or construed to confer upon the Company exclusive rights
or privileges of any nature whatsoever.
SECT ION 11'
Any aoup*omioo or revocation of the privileges granted herein may be accomplished under the
applicable provisions of Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 12.
The terms and provisions of tNs ordinance are severable and shall be governed by Section t-5 of
Chapter of the Code of the City of Fort Worth,Texas(i986). anamended.
SECTION 13.
The provisions of this ordinance shall be and are hereby declared to be cumulative of all
provisions of the Code of the City of Fort Worth, Texas (1980), as amended, with respect to the
regulation and npucudoo of public limousine service n/kbio the City's municipal Uo-its, and, in the event
of conflict between the provisions of this ordinance and such Code, the provisions of the City Code shall
gpvcnm and prevail.
SECTION 14.
& penalty may be imposed for vin\m8iooa of this ordinance in an amnouL not to exceed five
hundred dollars ($500.00). Each day that a vio\odno exists sboU oouudtu(c u separate offense. Any
violation of this ordinance shall beo class Cmisdemeanor.
SECTION 15.
After adoption of th=is ordinance, Company shall pay all required focu and fi10 with the City
Secretary written acceptance of the terms and provisions hereof. Such acceptance of and agreement tothe
provisions of this ordinance and grant shall be evidenced by the signature of the Company's authorized
representative nu the final page o[this ordinance.
Ordinance No. 2l0l8-l|'2Ul3
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SECTION 16.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and
penalty of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by Section 52.013 of the Texas Local Government Code; Chapter XXV of the Char-ter of the
City of Fort Worth; and section 34-205 of the City Code of Ordinances.
SECTION 17.
This ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee by
MOHNIVIMAD JAN QAZI d/b/a 7 STAR D.F.W.LIMOUSINE,and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
ASSIS A T CITY ATTORNEY Mary J. Kay e
CITY SECRET Y
ADOPTED: November 5, 2013
EFFECTIVE
4
ACCEPTED BY:
MOHAMMAD JAN QAZI d/b/a 7 STAR
D.F.W. LIMOUSINE
Mohammad Jan Qazi
Signatu ---- 7 ......
fe - (t!,
DATE: t I
Ordinance No. 21018-11-2013
Page 5 of 5
MARY LOUISE GARCl/\
C{}UNTYCLERK
` 2OO Taylor St. Suite 3O1 Fort Worth, TX7O1O2
PHONE(817) 8Q4-15SD
�
Certificate of Assumed Name
File#A213012289
`
1, MARY 0U|SEOARC|A, County Clerk of the County of TARRANT COUNTY, dn hereby certify that
K0OHAKUMADJAN CAZ|
has filed in the office of the County Clerk unthe 09123X2013 a certificate setting forth the name of
T STARD.F�� LIMOUSINE
'
22DSBFU\NCHVVO[>D DRIVE,ARLINGTON TK7GOO1
'
under which business is to be conducted or transacted, together with the true full name of each person conducting such
business:
�-\
\ � ' .
MOHAMMAD JAN QAZI
Witness my hand and seal of office, this the
MARY LOU\SEGARC|A
(Seal) County Clerk COUWY,TX
BY . Deputy
(�
°r
`
/
._/
Ground Transportation Coordinator FiudiuE�Factors
Under Suudoo 34-204 in deteonioiug whether or not to re000uocod the granting of operating
authority, the Ground Transportation Coordinator shall consider, among other things, the following iiorou:
l. Probable permanency and quality of the service offered by the applicant, the applicant's
czpcdeooe in rendering such service in the City or similar service elsewhere and the uppbcuur'x
pmt record and experience in adjusting claims and paying judgments, if any,to claimants;
2. The applicant's fioanubJability to provide the described service and ability to respond toclaims
or j udAoeots arising by zeuoou of business operations, injury to puomoa' or damage to property
resulting from operation ofu limousine service;
3 Tb�u6�xut�raod000didoo *ft6nv�bidooN�oux�d'
,
4. If the applicant isu corporation o,other business entity, the qualification of the offioccs,directors,
members and poramoo with 00000roiu interest making such application and each of the above-
numbered items au applied to each nf the stockholders,officers,members and directors;
5. The applicant's character and past record aod, if the applicant in u corporation or ndznr business
entity, that wf its officers,members and stockholders; and
6. Such other iofbrnou,iou as presented during any public buu6og that may heuc on the public
necessity and convenience.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1111512013 . Ordinance No. 21018-11-2013
DATE: Tuesday, November 05, 2013 REFERENCE NO.: **G-18055
LOG NAME: 207 STAR DFW LIMO
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Application of Mohammad Jan Qazi
d/b/a 7 Star D.F.W. Limousine to Operate Five Limousines Within the City of Fort Worth and Adopt
Ordinance Granting Such Authority (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the following findings of the Ground Transportation Coordinator:
a. The public necessity and convenience require the operation of Five limousines upon the
City streets, alleys and thoroughfares;
b. Mohammad Jan Qazi d/b/a 7 Star D.F.W. Limousine is qualified and financially able to
conduct a limousine service within the City;
c. Mohammad Jan Qazi d/b/a 7 Star D.F.W. Limousine has complied with the requirements
of Chapter 34 of the City Code;
d. Mohammad Jan Qazi d/b/a 7 Star D.F.W. Limousine presented facts in support of compelling
demand and necessity for five limousines;
e. The general welfare of the citizens of the City will best be served by the addition of five limousines
upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Mohammad Jan Qazi d/b/a 7 Star D.F.W. Limousine operating
authority for five limousines on City streets for a one-year period subject to and conditioned on
Mohammad Jan Qazi d/b/a 7 Star D.F.W. Limousine complying with all requirements of Chapter 34,
Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On October 8, 2013, Mohammad Jan Qazi d/b/a 7 Star D.F.W. Limousine (Company) submitted an
application requesting authority to operate five limousines within the City of Fort Worth.
Pursuant to Section 34-205 of the City Code, when considering the Company's application, the City
Council must determine whether or not to adopt, approve or confirm the findings of the Ground
Transportation Coordinator. Under Section 34-204, the Ground Transportation Coordinator used the
attached Ground Transportation criteria to determine whether or not to recommend the granting of
operating authority. The Ground Transportation Coordinator Finding Factors are attached to this Mayor
and Council Communication (M&C) and are incorporated into this M&C for all purposes.
Lognarne: 207 STAR DFW LIMO Page 1 of 2
The one-year period shall commence on the effective date, which shall be upon acceptance by the
grantee and completion of the publication requirement, in accordance with Chapter XXV, Section 2 of the
City Charter and Section 34-205 of the Code of Ordinances.
The potential annual revenues from the collection of applicable fees under Chapter 34 is estimated to be
in the amount of$400.00.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of fees due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 421352 0201002 $400.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Logname: 207 STAR DFW LIMO Page 2 of 2