HomeMy WebLinkAboutOrdinance 21279-06-2014 I
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ORDINANCE NO.21279-06-2014
AN ORDINANCE GRANTING THE PRIVILEGE OF OPERATING AUTHORITY j
TO RAY NELSON DOTSON 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 i
ORDINANCES; PROVIDING FOR A PENALTY; PROVIDING FOR WRITTEN
ACCEPTANCE BY RAY NELSON DOTSON d/b/a TEXAS STAGE LINE;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
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WHEREAS, the City of Fort Worth previously granted RAY NELSON DOTSON d/b/a TEXAS
STAGE LINE the authority to operate a horse-drawn carriage service on the public streets, alleys, and k
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thoroughfares of the City; and,
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WHEREAS, RAY NELSON DOTSON d/b/a TEXAS STAGE LINE has applied for renewal of
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its operating authority to furnish horse-drawn carriage 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 RAY
NELSON DOTSON d/b/a TEXAS STAGE LINE; and,
WHEREAS, upon such inquiry and investigation and after thorough consideration of all the facts �
made available to it,the City Council finds:
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1. That RAY NELSON DOTSON d/b/a TEXAS STAGE LINE has performed satisfactorily
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under the terms of its operating authority; i
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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; I
3. That RAY NELSON DOTSON d/b/a TEXAS STAGE LINE is qualified and financially j
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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alleys and thoroughfares of the City of Fort Worth for a one(1)year period beginning on the
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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
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of Fort Worth and Section 34-205 of the City Code of Ordinances;
4. That RAY NELSON DOTSON 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
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amended, and any violations thereof will result in the imposition of penalties as provided by j
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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.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS: i
SECTION 1.
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That RAY NELSON DOTSON d/b/a TEXAS STAGE LINE, a SOLE PROPRITORSHIP with
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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
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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.
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SECTION 2. i
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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SECTION 3.
That the Company, as holder of the grant, and the Company's operations hereunder, shall be r
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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. R
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SECTION 4. I
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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 j
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 I
the City Council governing and regulating the operation of horse-drawn carriages in the City of Fort Worth.
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SECTION 5.
That the Company acknowledges that the City of Fort Worth assumes no liability or responsibility in
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making this grant, and that by acceptance of this ordinance and grant, Company hereby agrees to indemnify,
hold harmless and defend the City of Fort Worth, its officers, agents, and employees, from and against any
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and all claims or suits, expense or liability, for any and all property damage or loss and/or personal injury,
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including death, to any and all persons, of whatsoever kind or character, arising out of or in connection with I
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any acts or omissions by Company, its officers, agents, employees, drivers, licensees, invitees and f
passengers, in the exercise of the authority granted herein; and Company shall assume all liability and
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responsibility for same.
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SECTION 6.
That the Company acknowledges that its drivers, property, and operations shall be and remain
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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 '
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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
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granted under this ordinance and issue a new grant of operating authority, as long as Company is not in
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violation of any provision of Chapter 34 of the Code of the City of Fort Worth, Texas (1986), as amended. i
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 j
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conditions of this ordinance to the extent they are in conflict. j
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SECTION 7.
That the Company acknowledges that payment of required fees, as specified in Chapter 34 of the 1
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Code of the City of Fort Worth, Texas (1986), as amended, is a requisite to exercising the privileges granted
herein.
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SECTION 8. j
That the Company shall be obligated to discharge any claim or judgment against it finally established i
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b law, and the failure to do so for period of one hundred eighty 180 days shall ipso facto, terminate all I
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authority under this grant.
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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 other person, firm, or
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corporation without the prior formal consent and approval of the City Council of the City of Fort Worth, nor '
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shall the Company sell, transfer, assign, or otherwise encumber its horse-drawn carriage operation without j
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 1
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rights or privileges of any nature whatsoever.
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SECTION 11.
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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. I
That the terms and provisions of this ordinance are severable and shall be governed by Section 1-5 of k
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Chapter 1 of the Code of the City of Fort Worth, Texas(1986), as amended.
SECTION 13.
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That the provisions of this ordinance shall be and are hereby declared to be cumulative of all C
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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 r
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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SECTION 15.
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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
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representative on the final page of this ordinance. i
SECTION 16.
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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.
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SECTION 17.
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That this ordinance shall take effect upon adoption; acceptance of the grant and payment of the fee
by RAY NELSON DOTSON d/b/a TEXAS STAGE LINE and publication as required by law.
APPROVED AS TO FORM AND LEGALITY: ,
Charlene Sanders ary J. r
ASSISTANT CITY ATTORNEY CITY S TARY
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ADOPTED: June 10, 2014
EFFECTIVE: a,4 O D�
ACCEPTED BY: f
RAY NELSON DOTSON /b/a
TEXAS A E L
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DATE: L
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City of Fort Worth, Texas
Mayor and Council Communication
. COUNCIL ACTION .,.;Approved on 6/10%201'4 Ordinance No 21279-06-2014
DATE: Tuesday, June 10, 2014 REFERENCE NO.: **G-18232
LOG NAME: 20TEXAS STAGE
SUBJECT:
Approve Findings of the Ground Transportation Coordinator Regarding Renewal Application of Ray Nelson
Dotson d/b/a 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) f
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RECOMMENDATION:
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It is recommended that the City Council: !
1. Consider and adopt the following findings of the Ground Transportation Coordinator: i
a. The public necessity and convenience require the operation of seven horse drawn carriages i
upon the City streets; j
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b. Ray Nelson Dotson d/b/a Texas Stage Line is qualified and financially able to conduct a horse
drawn carriage service within the City;
c. Ray Nelson Dotson d/b/a Texas Stage Line has complied with the requirements of Chapter 34
of 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 by Ray Nelson Dotson d/b/a Texas Stage Line; and
2. Adopt the attached ordinance granting Ray Nelson Dotson d/b/a Texas Stage Line authority to operate
alleys thoroughfares for a one-year period subject to
seven horse drawn carriages on City streets, y and t g y p � ,
and conditioned on Ray Nelson Dotson d/b/a Texas Stage Line complying with all requirements of
Chapter 34, Article VI of the Code of the City of Fort Worth (1986), as amended.
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DISCUSSION:
On May 20, 2014, Ray Nelson Dotson d/b/a Texas Stage Line (Company) submitted a renewal application
seeking to operate seven horse drawn carriages within the City of Fort Worth.
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Pursuant to Section 34-205 of the City Code, when considering the Company's application, the City I
Council must determine whether or not to adopt, approve or confirm the findings of the Ground
Transportation Coordinator. Under Section 34-271, the Ground Transportation Coordinator used the !
attached Ground Transportation criteria to determine whether or not 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.
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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
Logname: 20TEXAS STAGE Page 1 of 2
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City Charter and Section 34-205 of the Code of Ordinances.
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The potential annual revenues from the collection of applicable fees, under Chapter 34, is estimated to be
in the amount of$1,400.00. j
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.
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FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers !
GG01 421352 0201002 $1,400.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig (7801)
Additional Information Contact: Gerald Taylor (6987)
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Logname: 20TEXAS STAGE Page 2 of 2
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Ground Transportation Coordinator Finding Factors
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Under Section 34-271, subsection(b) in determining whether or not to recommend the renewal of
granting operating authority, the Ground Transportation Coordinator shall consider, among other things, I
the following items:
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(1) The holder has performed satisfactorily under the terms of the operating authority;
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(2) The service provided continues to be necessary and desirable; and
(3) The holder continues to comply with all requirements of this chapter.
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SUZANNE kiENDERSON ' .�•��
COUNTY CLERK
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200 Taylor St., Suite 301 Fort Worth,TX 76102
PHONE(817) 884-1550 I
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Certificate of Assumed Name
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File#A210001854
I, SUZANNE HENDERSON, County Clerk of the County of TARRANT COUNTY, do hereby certify that
RAY NELSON DOTSON (�
has filed in the office of the County Clerk on the 02106/2010 a certificate setting forth the name of
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TEXAS STAGE LINE
307 DAVIS DRIVE, BANDERA TX 78003.
under which business is to be conducted or transacted, together with the true full name of each person conducting such
business:
Names : i
RAY NELSON DOTSON
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FEB 0 5 2010
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Witness my hand and seal of office, this the
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Eounty HENDERSON
CI k of�TT C A UNTY, TX
p
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CO�N('�\��.
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