HomeMy WebLinkAboutOrdinance 20747-05-2013 ORDINANCE NO.20747-05-2013
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY
TO DOTSON RAY NELSON d/b/a TEXAS STAGE LINE FOR THE USE OF THE
STREETS, ALLEYS, AND PUBLIC THOROUGHFARES OF THE CITY IN THE
CONDUCT OF' ITS HORSE-DRAWN CARRIAGE BUSINESS, WHICH SHALL
CONSIST OF THE OPERATION OF SEVEN (7) HORSE-DRAWN CARRIAGE
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 DOTSON RAY NELSON d/b/a TEXAS STAGE LINE;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Fort Worth previously granted DOTSON RAY NELSON dJb/a TEXAS
STAGE LINE the authority to operate a horse-drawn carriage service on the public streets, alleys, and
thoroughfares of the City; and,
WHEREAS, DOTSON RAY NELSON d/b/a TEXAS STAGE LINE has applied for renewal of
its operating authority to furnish horse-drawn carriage service on the public streets, alleys, and thoroughfares
of the City; arid,
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
DOTSON RAY NELSON d/b/a TEXAS STAGE LINE; arid,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts
made available to it, the City Council finds:
I That DOTSON RAY NELSON d/b/a TEXAS STAGE LINE has performed satisfactorily
under the terms of its operating authority;
2. That the service provided continues to meet the public necessity and convenience as defined
by Chapter 34 of the Code of the City of Fort Worth,Texas (1986), as amended;
3. That DOTSON RAY NELSON d/b/a TEXAS STAGE LINE is qualified and financially
able to efficiently conduct such business to render such service to the public, consisting of
the operation of SEVEN (7) HORSE-DRAWN CARRIAGES upon the public streets,
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Operating Authority Ordinance(Renewal) Page 1 of 6
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;
4. That DOTSON RAY NELSON d/b/a TEXAS STAGE LINE continues to comply with the
requirements of Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as
amended, and any violations thereof will result in the imposition of penalties as provided by
Section 34-228 of the City Code of Ordinances; and,
5. That the general welfare of the citizens of Fort Worth will best be served by the continued
operation of SEVEN (7)HORSE-DRAWN CARRIAGES by TEXAS STAGE LINE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS:
SECTION 1.
That DOTSON RAY NELSON d/b/a TEXAS STAGE LINE, a SOLE PROPRITORSHIP with
its principal local place of business and its headquarters in FORT WORTH, 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 horse-drawn carriage service within the said City's municipal limits with SEVEN (7) HORSE-
DRAWN CARRIAGEs 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.
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Operating Authority Ordinance(Renewal) Page 2 of 6
SECTION 3.
That the Company, as holder of the gmnt, and the Company's operations hereunder, o6xD be
governed u\ all times 6y the provisions of state and federal laws and regulations and Chapter 34of the Code
of the City of Fort Worth,Texas(1986). aoamended.
SECTION 4.
That the authority herein granted shall be and o:muiumu6jeot to said Company's fuii, coogp|ntn, and
satisfactory continuing coozp\iuoon with all 5:derai, atuto. and local laws and ordinances, including but not
liodtodto the Charter mf the City of Fort Worth, and all relevant provisions o[Chapter 34' Code of the City
of Fort Worth, Texas (1986), as amended, and such other ordiriarices is may be adopted from time to time by
the City Council governing arid regulating the operation of horse-drawn carriages in the City of Fort Worth.
SECTION 5'
That the Company acknowledges that the City ofFort Worth assumes uu liability oc responsibility iu
making this grant, and that by acceptance ofthis ordinance and grant, Company hereby agrees to indemnify,
hold hunn|evxarid defend the City of Foil Worth, its officers, agents, arid employees, 6o/n arid against any
and all o)uimu or suits, cxpuomo or liability, for any and all property damage or 1omm and/or personal injury'
including death, to any and all persons, of whatsoever kind or character, arising out of or in connection with
any uotu or oodsxioom by Company, its officers, agents, employees, ddv*o` \icunoeeo, invitees and
puuanogora, in the oucrmiau of the authority granted herein; and Company ubu|| umuuroc all liability and
responsibility for somc.
SECTION 6.
That the Company acknowledges that its drivers' property, and operations uboU be and remain
subject ut all times to such reasonable regulation hy the City uu ioor may bo necessary Lo protect the interests
of the gnocro} public. As such, the Company understands and uokoop/)odgeo that during the Lemo of this
Dotson Ray Nelson n/exa Texas Stage Line Ordinance No.2074h-05-2V|s
Operating Authority Ordinance(nevrwo|) Page Jvfh
ordinance and grant, the City n[Fort Worth omy 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 incoog |iuuco 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 t6iu ondbmuze and issue o new grant of operating authority, as long as Company is not in
violation of any provision of Chapter 34ofthe Code of the City of Fort Worth, Texas (}986), uaamended.
In the event the tcooa and conditions of this ordinance are in 000flio1 with the provisions of any such
ordinance adopted by the City, the provisions ofsuch later-adopted ordinance shall supersede the terms and
conditions of this ordinance to the extent they are iuconflict.
SECTION 7.
That the Company acknowledges that payment of required teoo, as specified in Chapter 34 of the
Code of the City of Fort Worth, Texas (1986), as aniended, is a requisite to exercising the privileges granted
herein.
82C7[IWN 0,
That the Company shall 6e obligated to discharge any claim orjod8mnor against kfinaOyestablished
by law, and the failure to do so for a period of one hundred eighty (180) days shall, ipsofiacto, terminate all
authority under tbisgrant.
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 1}-�u grant of operating authority \o any other person, firm, or
corporation without the prior formal consent and approval of the City Council of the City of Fort Worth, nor
ov/yvo Ray Nelson u/y/a Texas Stage Uoe Ordinance No,zV746'05'zV|s
Operating Authority Ordinance(R,^e*u0 Page 4vf6
shall the Company sell, transfer, assign, or otherwise encumber its horse-drawn carriage 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 11.
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 1 of the Code of the City of Fort Worth,Texas(1.986), as amended.
SECTION 13.
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 horse-drawn carriage 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.
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Operating Authority Ordinance(Renewal) Page 5 of 6
SECTION 15.
That after adoption of this ordinance, Company shall pay all required fees and the 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 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 DOTSON RAY NELSON d/b/a TEXAS STAGE LINE and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
Charlene Sanders,Assistiant City Attorney
ADOPTED: M ly 4. 2013,
EFFECTIVE:
ACCEPTED BY:
DOTSON RAY NELSON d/b/a
TEXAS ST,.. �.�LINE �
a
DATE.:
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Operating Authority Ordinance(Renewal) Page 6 of 6
Ground Transportation Coordinator Finding Factors
Under Section 34-311, subsection(b)in determining whether or not to recommend the renewal of
granting operating authority, the Ground Transportation Coordinator shall consider, among other things,
the following items:
(1) The holder has perfon-ned satisfactorily under the terms of the operating authority;
(2) The service provided continues to be necessary and desirable; and
(3) The holder continues to comply with all requirements of this chapter.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL.ACTION: Approved on 5/14/2013 - Ordinance No. 20747-05-2013
DATE: Tuesday, May 14, 2013 REFERENCE NO.: **G-17891
LOG NAME: 20TEXAS STAGELINE
SUBJECT:
Approve Findings of Ground Transportation Coordinator Regarding Renewal Application of Texas Stage
Line to Operate Seven Horse-Drawn Carriages Within the City of Fort Worth and Adopt Ordinance
Granting Such Authority (COUNCIL DISTRICTS 2 and 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Consider and adopt the following findings of the Ground Transportation Coordinator:
a. Dotson Ray Nelson d/b/a Texas Stage Line has performed satisfactorily under the terms of its
operating authority;
b. The service provided continues to meet the public necessity and convenience, as defined by
Chapter 34 of the City Code;
c. Dotson Ray Nelson d/b/a Texas Stage Line is qualified to conduct its business and continues to
comply with the requirements of Chapter 34 of the City Code;
d. The general welfare of the citizens of the City will best be served by the continued operation of
seven horse-drawn carriages upon City streets, alleys and thoroughfares; and
2. Adopt the attached ordinance granting Texas Stage Line operating authority for seven horse-drawn
carriages on City streets for a one-year period subject to and conditioned on Texas Stage Line complying
with all requirements of Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
DISCUSSION:
On March 2, 2010, Dotson Ray Nelson d/b/a Texas Stage Line, was granted authority to operate five
horse-drawn carriages on City streets, alleys and thoroughfares. On April 22, 2013, Texas Stage Line
submitted a renewal application seeking to operate seven horse-drawn carriages 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 34-311, the Ground Transportation Coordinator used the
attached Ground Transportation criteria to determine whether to recommend the renewal 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.
The one-year period shall commence on the effective date, which shall be upon acceptance by the
Logname: 20TEXAS STAGELI1E Page 1 of 2
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$1,575.00.
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/C enters FROM Fund/Account/Centers
GG01 421352 0201002 $1,575.00
CERTIFICATIONS:
Submitted for City Manager's Office bK; Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
Lognarne: 20TEXAS STAGELINE Page 2 of 2