HomeMy WebLinkAbout1832 Franchise for Passenger Tranpsportation Services - David Cunningham, Water Street Transit Co.ORDINANCE NO. 1832
AN ORDINANCE granting to DAVID CUNNINGHAM d/b/a
WATER STREET TRANSIT COMPANY, INC. a franchise to operate
a passenger transportation service.
BE IT ORDAINED BY THE CITY COUNCIL OF PORT TOWNSEND,
WASHINGTON:
SECTION 1. DEFINITIONS. When used in this ordinance,
the following terms shall have the meaning herein specified:
(a) The word "City" shall mean the City of
Port Townsend, Washington in its present form,
or any reorganized, consolidated, or re-incorporated
form;
(b) The word "Grantee" shall mean Water Street
Transit Company, Inc., a Washington corporation,
and its lawful successors and assigns;
(c) The words "Council" or "City Councfl"
shall mean the present governing body of the
City or the incumbents of any office or board
hereafter created by law performing similar functions.
SECTION 2'.' NATURE OF 'GRANT. The authority, right,
privilege, and franchise is hereby granted to Grantee, for a
period of ten (10) years from and after the date of acceptance
by Grantee of this ordinance, to establish, maintain, and
operate a passenger transportation service over and upon the
streets of the City, and for a distance not exceeding three (3)
road miles beyond the corporate limits as defined in
R.C~W. 81.68.010.(3), by means'of motor bus, trolley~ streetcar,
or similar vehicle. · .....
'SECTION '3'.'' COMPETT~ION. This franchise shall not be
construed as an exclusive grant, provided, however, that at
any time a competitive franchise is requested by another, the
City will give Grantee reasonable notice in writing before
taking any action thereon.
SECTION 4. LOA~ING ZONES. Loading zones shall be
approved by the Mayor, Chief of Police, and Chairman of
the Council Street Committee, acting in concert, as provided
in Section 10.04.170 of the Port Townsend Municipal Code.
SECTION 5. ROUTES. Routes shall be determined for
the service herein authorized and from time to time designated
by the Grantee, provided that the establishment or alteration
of said routes shall be approved in the same manner as
Loading Zones by the Mayor, Chief of Police, and Chairman
of the Council Street Committee acting in concert.
SECTION 6. INSURANCE. The Grantee shall secure and
at all times have in full force and effect such insurance
coverage for protection of passengers and the public as may
be required by the laws of the State of Washington.
SECTION 7. COMPENSATION AND TAX. As compensation for
the rights granted by the City to Grantee under this ordinance,
the Grantee shall pay to the City. annually, on or before the
1St day of June of each year during the continuance of this
ordinance, and beginning June 1, 1979, twenty-five dollars
($25.00), together with an amount equal to two-tenths (2/10)
of one-percent (1%) of the gross revenues from fares derived
by the Grantee during the preceding year from Grantee's passen-
ger transportation operations.
SECTION 8. EQUIPMENT. Vehicles operated by Grantee
shall be properly maintained, and kept in a dependable and
sanitary condition. Equipment and vehicles, as well as operators
of said vehicles, shall be licensed consistent with laws of
the State of Washington.
SECTION 9. EXTENSION BY ANNEXATION. Upon the annexation
of any territory by the City,~ha ~o~ti~n
· icn ~ystcm .....v~__~ ~--~ ~rantc~~ ~ within~such annexed territory
shall thereafter be subject to all the terms of this grant
as though it were an extension made hereunder. Said extension
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shall include that area not exceeding three (3) road miles
beyond the corporate limits as defined in R.C.W. 81.68.010(3).
SECTION 10. ASSIGNMENT. This franchise shall not be
sold, assigned or transferred without the written consent
of the City Council, which consent will not be unreasonably
withheld.
SECTION 11. FORFEITURE. The City Council may at any
time declare a forfeiture of this grant for a violation or
a default by the Grantee of any of the terms herein; provided,
however, that none of the terms of this grant shall be deemed
to be a violation such as to permit forfeiture unless the
Grantee shall be first given written notice of such violation
or default, which notice shall state with particularity
wherein such violation or default consists, and of the intent
to declare a forfeiture. Thereafter, if such violation or
default shall continue for a period of more than sixty (60)
days after delivery or mailing to the Grantee of such written
notice, all of the rights and privileges had by the Grantee
under the provisions of~.this ordinance may be forthwith
declared forfeited and revoked.
~SECTION 12. TERMINATION BY GRANTEE. This franchise
may be terminated by the Grantee upon giving thirty (30) days
written notice to the City of its desire to terminate said
contract, and upon the expiration of the period of thirty (30)
days from the date of service of written notice by the Grantee
upon the City, the franchise shall be forthwith terminated
and the Grantee shall no longer be liable to comply with the
terms and conditions of this franchise.
..... ~'~'~ '~VAL~I~IT¥. Each section of this ordinance ~
and each part of each section hereof is hereby declared to
be an independent section or a part of a section, and the
holding of any section or part thereof to be unconstitutional,
void, illegal, ineffective, or contrary to the laws of the
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City of Port Townsend, or the laws or constitutions of the
State of Washington for any reason, shall not affect any
other section or part of this ordinance.
SECTION 14. CONFLICTS. All previous ordinances, parts
of ordinances, or franchises in conflict herewith are hereby
repealed.
SECTION 15. ACCEPTANCE. Grantee shall, within thirty
(30) days after the adoption and passage of this ordinance,
file with the City. Clerk its acceptance in writing of this
ordinance, otherwise this ordinance shall be void at the end
of such period.
SECTION 16. WHEN EFFECTIVE. This ordinance shall be
published once in the Port Townsend Leader to be in force
and take effect as provided by law.
Passed by the City Council this
Approved by the Mayor this /.,~,.da~y..~f.
Attest:
CITY f~LERK
day of ~~~, 1979.
~ , 1979.
Approved as to Form:
'.ITY
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