HomeMy WebLinkAboutOrdinance 21097-01-2014 ORDINANCE NO. 21.097-01-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING
AUTHORITY TO THE MAREDI CORPORATION dfb/a UNITED CAB
SERVICES FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC
THOROUGHFARES OF THE CITY IN THE CONDUCT OF ITS
TAXICAB BUSINESS, WHICH SHALL CONSIST OF THE OPERATION
OF EIGHTY (80) TAXICABS 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 THE MAREDI CORPORATION d/b/a
UNITED CAB SERVICES; PROVIDING FOR PUBLICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, THE MARF,DI CORPORATION d/b/a UNITED CAB SERVICES has
applied for operating authority to furnish TAXICAB service on the public streets, alleys, and
thoroughfares of the City; and,
WHEREAS, the City of Fort Worth, pursuant to Sections 34-204 and 34-221 of the Code
of the City of Fort Worth, Texas (1986), as amended, has made inquiry and investigation into the
application of THE MAREDI CORPORATION d/b/a UNITED CAB SERVICES; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all
the facts made available to it and the Order Regarding De Novo Review of The Maredi
Corporation d/b/a United Cab Services' Application for Taxicab Operating Authority in the City
of Fort Worth issued November 4, 2013, the City Council finds that:
1. THE MAREDI CORPORATION d/b/a UNITED CAB SERVICES has provided
to the Ground Transportation Coordinator a satisfactory application for operating
authority under the City Code of Ordinances Section 34-203;
2. THE MAREDI CORPORATION d/b/a UNITED CAB SERVICES has
demonstrated the probable permanency and quality of service, the experience in
rendering such services in neighboring areas, and the past record and experience in
claims handling to claimants relating to operations;
3. THE MAREDI CORPORATION d/b/a UNITED CAB SERVICES has
demonstrated the financial ability to provide the service described in the application,
THE MAREDI CORPORATION d/b/a UNITED CAB SERVICES Page I o16
Operating Authority Ordinance(Initial) Ordinance No.21097-01-2014
and respond to claims arising hereunder by reason of business operations, injury to
persons or damage to property resulting from operation of a vehicle for hire service;
4. The character and condition of THE MAREDI CORPORATION d/b/a
UNITED CAB SERVICES' vehicles satisfy all requirements of the city of Fort
Worth for taxicabs;
5. All of THE MAREDI CORPORATION d/b/a UNITED CAB SERVICES'
taxicabs are dedicated to servicing Fort Worth or neighboring areas;
6. The information presented during the hearing demonstrates that the public
necessity and convenience, as defined in the City Code of' Ordinances, will be
served by and requires the operation of EIGHTY (80) TAXICABS in the city of
Fort Worth;
7. The general welfare of the citizens of Fort Worth will best be served by the
operation of EIGHTY (80) TAXICABS by THE MAREDI CORPORATION
d/b/a UNITED CAB SERVICES upon City streets, alleys and thoroughfares;
and
8. THE MAREDI CORPORATION d/b/a UNITED CAB SERVICES is
qualified and financially able to efficiently conduct such business to render such
service to the public, consisting of the operation of EIGHTY (80) TAXICABS
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; and
9. All other requirements of Chapter 34 of the Code of the City of Fort Worth
(1986), as amended, have been complied with by THE MAREDI
CORPORATION d/b/a UNITED CAB SERVICES and any violations thereof
will result in the imposition of penalties as provided by Section 34-228 of the City
Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
THE MAREDI CORPORATION d/b/a UNITED CAB SERVICES Page 2 of 6
Operating Authority Ordinance(Initial) Ordinance No.21097-01-2014
SECTION L
That THE MAREDI CORPORATION d/b/a UNITED CAB SERVICES, a
CORPORATION with its principal place of business and its headquarters in ARLINGTON,
TARRANT COUNTY, TEXAS, hereinafter referred to as "Company," is hereby granted
operating authority to use the present and future streets, alleys and public thoroughfares of the
City of Fort Worth, Texas, in its business of providing public taxicab service within the said
City's municipal limits with EIGHTY (80) TAXICABS for a one year period beginning on the
effective date.
SECTION 2.
That the findings and recitations contained in the preamble hereof are expressly
incorporated into and made a part of this ordinance as the findings of the City Council.
SECTION 3.
That the Company, as holder of the grant, and the Company's operations hereunder, shall
be governed at all times by the provisions of state and federal laws and regulations and Chapter
34 of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 4.
That the authority herein granted shall be and remain subject to said Company's full,
complete, and satisfactory continuing compliance with all federal, state, and local laws and
ordinances, including but not limited to the Charter of the City of Fort Worth, and all relevant
provisions of Chapter 34, Code of the City of Fort Worth, Texas (1986), as amended, and such
other ordinances as may be adopted from time to time by the City Council governing and
regulating the operation of taxicabs in the City of Fort Worth.
SECTION 5.
That the Company acknowledges that the City of Fort Worth assumes no liability or
responsibility in king this grant, and that by acceptance of this ordinance and grant, Company
bility 1 making
hereby agrees to indemnify, hold harmless and defend the City of Fort Worth, its officers, agents,
and employees, from and against any and all claims or suits, expense or liability, for any and all
property damage or loss and/or personal injury, including death, to any and all persons, of
whatsoever kind or character, arising out of or in connection with any acts or omissions by
Company, its officers, agents, employees, drivers, licensees, invitees and passengers, in the
THE MAREDI CORPORATION d/b/a UNITED CAB SERVICES Page 3 of 6
Operating Authorit),Ordinance(Initial) Ordinance No, 21097-01-2014
exercise of the authority granted herein; and Company shall assume all liability and
responsibility for same.
SECTION 6.
That the Company acknowledges that its drivers, property, and operations shall be and
remain subject at all times to such reasonable regulation by the City as is or may be necessary to
protect the interests of the general public. As such, the Company understands and acknowledges
that during the term of this ordinance and grant, the City of Fort Worth may adopt such
ordinances that further regulate the operation of the Company's service within the City of Fort
Worth, including the amount of fees to be paid; and that upon the adoption thereof, the Company
shall begin conducting its operations in compliance with the provisions of such ordinances.
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 to cancel or otherwise modify any and
all rights granted under this ordinance and issue a new grant of operating authority, as long as
Company is not in violation of any provision of Chapter 34 of the Code of the City of Fort
Worth, Texas (1986), as amended. In the event the terms and conditions of this ordinance 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 of this ordinance to the extent
they are in conflict.
SECTION 7.
That 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 a requisite to exercising
the privileges granted herein.
SECTION 8.
That the Company shall be obligated to discharge any claim or judgment against it finally
established by law, and the failure to do so for a period of one hundred eighty (180) days shall,
ipso facto, terminate all authority under this grant.
SECTION 9.
That pursuant to Chapter 34 of the Code of the City of Fort Worth, Texas, (1986), as
amended, the Company shall not sell, convey, or transfer this grant of operating authority to any
Z=1
other person, firm, or corporation without the prior formal consent and approval of the City
THE MAR-ED) CORPORATION d/b/a UNITED CAB SERVICES Page 4 of 6
Operating Authority Ordinance(Initial) Ordinance No. 21097-01-2014
Council of the City of Fort Worth, nor shall the Company sell, transfer, assign, or otherwise
encumber its taxicab operation without the consent of the Fort Worth City Council.
SECTION 10.
That nothing herein contained shall be held or construed to confer upon the Company
exclusive rights or privileges of any nature whatsoever.
SECTION I1.
That any suspension 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.
That the terms and provisions of this ordinance are severable and shall be governed by
Section 1-5 of Chapter I of the Code of the City of Fort Worth, Texas (1986), as amended.
SECTION 1.3.
That 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 (1986), as amended, with respect to
the regulation and operation of public taxicab service within the City's municipal limits, and, in
the event of conflict between the provisions of this ordinance and such Code, the provisions of
the City Code shall govern and prevail.
SECTION 14.
A penalty may be imposed for violations of this ordinance in an amount not to exceed
five hundred dollars ($500.00). Each day that a violation exists shall constitute a separate
offense. Any violation of this ordinance shall be a class C misdemeanor.
SECTION 15.
That after adoption of this ordinance, Company shall pay all required fees and file with
the City Secretary written acceptance of the terms and provisions hereof. Such acceptance of
and agreement to the provisions of this ordinance and grant shall be evidenced by the signature
of the Company's authorized representative on the final page of this ordinance.
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
THE MAR-EDI CORPORATION d/b/a UNITED CAB SERVICES Page 5 of 6
Operating Authority Ordinance(Initial) Ordinance No.21097-01-2014
Worth, Texas, as authorized by Section 52.013 of the Texas Local Government Code; Chapter
XXV of the Charter of the City of Fort Worth; and section 34-205 of the City Code of Ordinances.
SECTION 17.
That this ordinance shall take effect upon adoption; acceptance of the grant and payment
of the fee by THE MAREDI CORPORATION d/b/a UNITED CAB SERVICES and
publication as required by law.
APPROVED AS TO FORMI AND LEGALITY: CITY
Mary J. Katy er
ASSISTANT CITY ATTORNEY
-
ADOPTED:
EFFECTIVE:
ACCEPTED BY:
THE MAREDI CORPORATION d/b/a
UNITED CAB SERVICES
By:
Printed Name
......... .........
Signature
Title
DATE:
THE MAREDI CORPORATION ION d/b/a UNITED CAB SERVICES Page 6 of 6
Operating Authority Ordinance(Initial) Ordinance No. 21097-01-2014
IN THE FORT WORTH MUNICIPAL COURT
IN MATTER OF THE APPLICATION §
OF MAREDI CORPORATION D/B/A §
UNITED CAB SERVICE, § Case No. 2013-CVH-000001
Applicant. §
ORDER REGARDING DE NOVO REVIEW OF MARL?DI CORPORATION D/B/A
]UNITED CAB SERVICE'S APPLICATION FOR TAXICAB OPERATING
AUTHORITY IN THE CITY OF FORT WORTH
By Resolution No. 4246-09-2013, (the "Resolution"), dated September 24, 2013, the Fort
Worth City Council appointed this Court to conduct a de novo hearing regarding the application
of Maredi Corporation d/b/a United Cab Service ("United") for grant of taxicab operating
authority within the city of Fort Worth. The City Council reviewed the hearing and appeal
processes related to United's application and expressly found in the Resolution"that the hearing
and appeal processes were not in accordance with the requirements as set forth in Chapter 34,
Article VI of the Fort Worth City Code."
The Court held a prehearing conference on October 17, 2013, during which the process
for conducting the October 28, 2013, hearing was agreed to by the Fort Worth City Attorney's
office and by United, through its counsel appearing on its behalf.
On October 28, 2013, this Court conducted a de novo hearing and review of United's
application referenced in the Resolution, following the agreed process. United appeared through
counsel and various corporate representatives and presented evidence supporting its application
and satisfaction of the relevant criteria for consideration of such applications as provided under
the Fort Worth City Code. Public conurient sign-up sheets, both for and against, or posted at the
hearing, and those signing in were provided with the opportunity to speak(with limitations for
duplication imposed at the discretion of the Court).
Order Regarding De Novo Review of Maredi Corporation d/b/a United Cab Service's
Application for Taxicab Operating Authorities in the City of Fort Worth Page 1
After considering United's application, the express provisions of the Fort Worth Code of
Ordinances relating to evaluation of such applications, the evidence presented in support thereof,
the arguments of counsel, and the public comments, this Court is of the opinion.and
recommendation of this Court that United's application for 80 taxicab operating authorities in the
City of Fort Worth should be GRANTED. On the basis of this opinion, the Court makes the
following recommendations to the Fort Worth City Council:
I That the City Council consider and adopt the following findings of the Court:
a. That Maredi Corporation has provided to the Ground Transportation Coordinator
a satisfactory application for operating authority under Fort Worth Code of
Ordinances §34-203.
b. That Maredi Corporation has demonstrated the probable permanency and quality
of service, the experience in Tendering such services in neighboring areas, and the
past record and experience in claims handling (there were no judgments) to
claimants relating to operations_
c. That Maredi Corporation has demonstrated the financial ability to provide the
service described in the application, and respond to claims arising thereunder by
reason of business operations, injury to persons or damage to property resulting
from operation of a vehicle for hire service.
d. The character and condition of Maredi Corporation's vehicles satisfy all
requirements of the city of Fort Worth for taxicabs.
e. That Maredi Corporation, and its officers, directors and persons with an economic
interest have the necessary character and past operating record to operate as
requested under the application.
f. That all taxicabs in Maredi Corporation's are dedicated to servicing Fort Worth or
neighboring areas;
9. The information presented during the hearing demonstrates that the public
necessity and convenience as defined in the Fort Worth Code of Ordinances will
be served by the granting of the application;
h. That the general welfare of the citizens of the City of Fort Worth will best be
served by authorizing Maredi Corporation to operate eighty taxicabs upon City
streets, alleys and thoroughfares; and
Order Regarding De Novo Review of Maredi Corporation d/b/a United Cab Se►•vice's
Application for Taxicab Operating Authorities in the City of Fort Worth Page 2
2. Adopt an ordinance, granting Maredi Corporation d/b/a United Cab Service
authority to operate eighty taxicabs on the city streets, alleys and thoroughfares
for one year. Subject to and conditioned on Maredi Corporation d/b/a United Cab
Service complying with all requirements of Chapter 34, Article VI of the Code of
the City of Fort Worth (1986), as amended.
Signed this day of November, 2013.
A 4�`G�pAL CpGX onor, e B i tW -per
'P� ,� Fort Worth Municipal Judge
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Order Regarding De Novo Review of Maredi Corporation d/b/a United Cab Service's page 3
Application for"taxicab Operating Authorities in the City of Fort Worth
Office of the Secretary of State Filed in the Office of the
Corporations Section Secretary of State of Texas
P.O.Box 13697 Filing M 800634574 7/18/2012
Document#-,431497480003
Austin,Texas 78711-3697 Image Generated Electronically
(Form 503) for Web Filing
ASSUMED NAME CERTIFICATE
FOR Fn;fNG WITH THE SECRETARY OF STATE
1. The assumed name under which the business or professional service is of is to be conducted or
rendered is:
United Cab Services
2. The name of the entity as stated in its certificate of formation, application for registration, or
comparable document is:
The Maredi Corporation
3. The state, country, or other jurisdiction under the laws of which it was incorporated, organized
or associated is TEXAS'and the address of its registered or similar office in that jurisdiction is:
4258 Reserve Way, # 3081, Irving, TX, USA 75038
4. The period, not to exceed 10 years, during which the assumed name will be used is : 10
Vear(s)
5. The entity is a: Domestic For-Profit Corporation
6. The entity's principal office address in Texas is:
1225 Corporate Drive E, Suite H, Arlington, TX, USA 76006-6109
7. The entity is not organized under the laws of Texas and is not required by law to maintain a
registered registered gent and office in Texas. Its office address outside the state is:
0 —
S. The county or counties where business or professional services are being or are to be conducted
or rendered under such assumed name are:
ALL COUNTIES
9. The undersigned, if acting in the capacity of an attorney-in-fact of the entity, certifies that the
entity has duty authorized the attorney-in-fact in writing to execute this document- The undersigned
signs this document subject to the penalties imposed by law for the submission of a materially false
C)
or fraudulent instrument.
The Maredi Corporation
Name of the entity
13y: Izzeldin A. Mohamed
Signature of officer,general partner,manager,
representative or attorney-In-fact of the entity
FILING OFFICE COPY
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 1/14/2014 -Ordinance No. 21097-01-2014
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CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, December 03, 2013 REFERENCE NO.: G-18068
LOG NAME: 20UNITED CAB
SUBJECT:
Approve Findings of City of Fort Worth Municipal Judge Benita F. Harper Regarding the Application of
Maredi Corporation d/b/a United Cab Service to Operate Eighty Taxicabs Within the City of Fort Worth and
Adopt Ordinance Granting Authority (ALL COUIVCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the following recommendations of City of Fort Worth Municipal Judge Benita F.
Harper:
a. That Maredi Corporation d/b/a United Cab Service has provided to the Ground Transportation
Coordinator a satisfactory application for operating authority under Fort Worth Code of Ordinances section
34-203;
b. That Maredi Corporation d/b/a United Cab Service has demonstrated the probable permanency
and quality of service, the experience in rendering such services in neighboring areas, and the past record
and experience in claims handing (there were no judgments) to claimants relating to operations;
c. That Maredi Corporation d/b/a United Cab Service has demonstrated the financial ability to provide
the service described in the application, and respond to claims arising thereunder by reason of business
operations, injury to persons or damage to property resulting from operation of a vehicle for hire service;
d. The character and condition of Maredi Corporation's d/b/a United Cab Service vehicles satisfy all
requirements of the City of Fort Worth for taxicabs;
e, That Maredi Corporation d/b/a United Cab Service and its officers, directors and persons with an
economic interest have the necessary character and past operating record to operate as requested under
the application;
f. That all taxicabs in Maredi Corporation's d/b/a United Cab Service [fleet] are dedicated to servicing
Fort Worth or neighboring areas;
g. The information presented during the hearing demonstrates that the public necessity and
convenience as defined in the Fort Worth Code of Ordinance will be served by the granting of the
application;
h. That the general welfare of the citizens of the City of Fort Worth will best be served by authorizing
Maredi Corporation d/b/a United Cab Service to operate eighty taxicabs upon City streets, alleys and
thoroughfares; and
Lognaine: 20LINIITED CAB Page I of 3
2. Adopt the attached ordinance granting Maredi Corporation d/b/a United Cab Service authority to
operate eighty taxicabs on city streets, alleys and thoroughfares for a one-year period subject to and
conditioned on Maredi Corporation d/b/a United Cab Service complying with all requirements of Chapter
34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On September 11, 2012, Maredi Corporation d/b/a United Cab Service (United Cab) submitted an
application seeking authority to operate 80 taxicabs within the City of Fort Worth. On December 12, 2012,
the Vehicle for Hire Review Board (Board) held a hearing to consider United Cab's application for
operating authority; the Board denied the application. Pursuant to City Code, United Cab filed an appeal
with the Municipal Court Hearing Officer (Hearing Officer), but due to problems with the recording device
at the initial hearing, the Hearing Officer remanded the case back to the Board for a re-hearing.
On May 8, 2013, the Board held a second hearing to consider United Cab's application for operating
authority; the application was denied. Pursuant to Clty Code, United Cab filed notice of appeal with the
Hearing Officer. On June 26, 2013, the Hearing Officer held a hearing to review and make
recommendations concerning United Cab's application for operating authority. The Hearing Officer denied
the application.
After being denied on appeal, United Cab filed a request with the City Council objecting to the denial of
operating authority. On September 24, 2013, the City Council approved a resolution authorizing a de novo
hearing regarding the application of United Cab for operating authority within the City of Fort Worth. The
City Council appointed Fort Worth Municipal Judge Benita F. Harper to preside over the hearing. The
Court held a prehearing conference on October 17, 2013, during which the process for conducting the
hearing was determined. On October 28, 2013, the Court conducted the de novo hearing on United Cab's
application for operating authority. After considering United Cab's application, the Court recommended
that United Cab's application for operating authority for 80 taxicabs in the City of Fort Worth should be
granted.
The Court's findings and recommendations are being forwarded to the City Council. If the City Council
adopts the findings, approves the application and adopts the attached ordinance, the Company will be
granted operating authority for a one-year period commencing 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 Order Regarding De Novo Review of Maredi Corporation d/b/a United Cab Service's Application for
Taxicab Operating authority in the City of Fort Worth is attached to this Mayor and Council Communication
and incorporated for all purposes.
The potential annual revenue from the collection of applicable fees under Chapter 34 is estimated to be
$28,000.00.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Transportation and Public Works
Department is responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
0001 421352 0201002 $28,000.00
Logname: 20tfNTITED CAB Page 2 of 3
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Lognarne: 20UNITED CAB Page 3 of 3