Loading...
HomeMy WebLinkAbout2261 Franchise to Operate a Tour Service - Peninsula Tours ORDINANCE NO. ;ZZ~OI AN ORDINANCE GRANTING TO PENINSULA TOURS A FRANCHISE TO OPERATE A TOUR SERVICE THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DOES ORDAIN AS FOLLOWS: 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 PENINSULA TOURS and its lawful successors and assigns; and (c) The word "Council" or "City Council" 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 the Grant. The authority, right, priv- ilege and franchise is hereby granted to Grantee for a period of five years from and after the date of acceptance by Grantee of this Ordinance, to establish, maintain and operate tour service in and about the City. Section3. Competition. This franchise shall not be con- strued 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. Routes and Loadin~ Zones Routes and loading zones shall be determined for the services herein authorized and from time to time designated by the Grantee, provided that the establishment or alteration of said routes and loading zones shall be first ap- proved by the Mayor, Chief of Police and Chairman of the Council Street Committee acting in concert. Temporary routes and loading zones for special occasions, not to exceed one day, shall be ap- proved by the Chief of Police. Section 5. Insurance The Grantee shall secure and at all times have in full for~e and effect such insurance coverage for ORDINANCE - 1-- protection of the oublic as may be required by the laws of the State of Washington and by the City. Such znsurance shall be with companies and with coverage and limits approved by the City, and proof of such insurance shall be filed with the City Clerk at all times during the exercise of these rights hereunder by the Grantee. Section 6. Compensation and Tax As compensation for the rights granted by the City to Grantee under this Ordinance, the Grantee shall pay to the City annyally on or before the first day of September of each year during the continuance of this Ordinance and beginning 1991 the sum of $100 per year. Section 7. Equipment Sound amplification equipment is pro- hibited except for 'that' which is used to only amplify the voice of a tour guide aboard the tour vehicle so long as the amplified sound cannot be heard from outside the tour vehicle. Ail other equipment and vehicles shall be properly maintained and kept in a safe and dependable condition, shall conform to all requirements of State and local laws and regulations, and be properly licensed at all times as required by State law. Section 8. Extension by Annexation Upon the annexation of any territory by the City, such annexed territory shall thereafter be subject to all the terms of this Ordinance as though it were an extension made hereunder. Section 9. Assignment This franchise shall not be sold, as- signed or transferred without the prior written consent of the City Council. Section 10. Forfeiture The City Council may at any time de- clare 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 60 days after delivery or mailing to the Grantee of such writ- ten notice, all of the rights and privileges had by-the Grantee un- der the provisions of this OrdinanCe may ~e forthwith declared for- feited and revoked. Section 11. Termination bM Grantee This franchise may be terminated by the~Grantee upon giving'30 days written notice to the City of its desire to terminate said contract, and upon the ex- piration of the period of 30 days from the date of service of writ- ten 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. ORDINANCE - 2 - Section 12. IndemnitM The Grantee, by acceptance of the franchise pursuant to Section 15 of this Ordinance, Shall hold harmless and indemnify the City, its officers, agents and em- ployees from and against any and all claims, liability or damages, including attorney's fees, costs and expenses for personal injury or property damage suffered or incurred by any person or entity caused in whole or in part by the acts or omissions of Grantee hereunder or in the conduct of its business or operations. Section 13. Validity Each Section of this Ordinance and each part 'of each Section hereof is hereby declared to be an inde- pendent Section or a part of a Section, and the holding of any Sec- tion or part thereof to be unconstitutional, void, illegal, inef- fective or contrary to the laws of the City of Port Townsend or the laws or Constitution of the State of Washington for any reason shall not affect any other Section or part of this Ordinance. Section 14. Conflicts~ Ail previous ordinances, parts of or- dinances or franchises in conflict herewith are hereby repealed. Section 15. Acceptance Grantee shall, within 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 take effect upon its passage, approval and publication in the manner provided by law. Read for the first, second and third times, passed by the City Council for the City of Port Townsend and signed by the Mayor this day of , 1991. ayor Brent Shirley Attest: David A. Grove, City Clerk Approved as to form: Keith C. Harper, City Attorney Passed by the City Council: Signed by the Mayor: , Published: , 1991 Effective date: , 1991 ORDINANCE 3 - 199i 1991