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HomeMy WebLinkAbout2252 Franchise to Operate a Historical Tour Service - Guided Historical ToursORDINANCE NO. 2252 AN ORDINANCE GRANTING TO GUIDED HISTORICAL TOURS A FRANCHISE TO OPERATE A HISTORICAL TOUR SERVICE THE CITY COUNCIL OF THE CITY OF PORT TOk~SEND, 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 Guided Histori- cal 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 hereinafter 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 a walking his- torical tour service in and about the City. Section 3. 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. Routes shall be determined by the service herein authorized and from time to time designated by the Grantee, provided that the e,stablishment or alteration of said routes shall be approved by the Mayor, Chief of Police and Chairman of the Council Street Committee acting in concert. Temporary routes for special occasions, not to exceed one day, shall be approved by the Chief of Police. Section 5. Insurance. The Grantee shall secure and at all ORDINANCE 2252 - 1 - times have in full force and effect such insurance coverage for protection of the public as may be required by the laws of the State of Washington and by the City. Such insurance shall be with companies and with coverages 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 ~o Grantee under this Ordinance, the Grantee shall pay to the City annually on or before the 1st day of September of each year during the continuance of this Ordinance, and beginning September 1, 1991, the sum of $100.00. Section 7. Equipment. Sound amplification equipment is pro- hibited except for pr~Lapproved civic occasions. 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, assigned or transferred without the prior written consent of the City Council. Section 10. 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 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 11. Termination by 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 expiration of the period of 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 not longer be liable to comply with the terms and conditions of this franchise. Section 12. Indemnity. 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, ORDINANCE 2252 - 2 - 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 section or part thereof to be unconstitutional, void, illegal, in- effective or contrary to the laws of the City of Port Townsend or the laws or constitution of the State of Washington, for any rea- son, shall not affect any other section or part of this Ordinance. Section 14. Conflicts. Ail previous ordinances, parts of ordinances 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 ef- fect upon its passage, approval and publication in the manner pro- vided by law. Read for the first time July 16, 1991, second and third times August 6, 1991, passed by the City Council this 6th day of August, 1991, and approved by the Mayor this 6th day of August, 1991. Attest: Mayor B'rent Shirley ~ Keith C. Harper, City Attorney Passed by the City Council: August 6, 1991 Signed by the Mayor: , 1991 Published: , 1991 Effective date: , 1991 ORDINANCE 2252 - 3 -