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HomeMy WebLinkAbout2151 Franchise to Operate a Passenger Transportation Service - Camelot Carriage Co. ORDINANCE NO. Rl~ AN ORDINANCE GRANTING TO CAMELOT CARRIAGE COMPANY~ INCORPORATED A FRkNCHISE TO OPERATE A PASSENGER TRANSPORTATION SERVICE THE CITY COUNCIL OF THE CITY OF PORT TO~NSEND, 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 Camelot Carriage Company, Incorporated and its lawful successors and assigns; (c) The word "Council" or "City Council" shall mean the pres- ent 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 one year 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 RCW 81.68.010 (3), by means of horse-drawn wagon or similar vehicle. 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 the reo n. Section 4. Loading 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 teM~Y~iCn~i~ ~of n Pc ~ lr ~c. e .~~~,i~f~e~~ 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 Washinqton, provided that such insurance shall have minimum limits as follows: Personal Injury: Property Damage: Oc cur re nce Aggregate $500,000 ..$ .5 0.0, .0 0 0 Such insurance shall be with companies 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 7. Compen. sation 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, 1989 , the sum of Section 8. Equipment. Vehicles operated by Grantee shall be properly maintained and kept in a dependable and sanitary condi- tion. Equipment and vehicles, as well as operators of said vehi- cles, shall be licensed consistent with laws of the State of Wash- ington and applicable ordinances of the City. Section 9. 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. Said extension shall include that area not exceeding three (3) road miles beyond the corporate limits as defined in RCW 81.68.010(3). Section 10. Assiqnment. This franchise shall not be sold, assigned or transferred without the prior written consent of the City Council. 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 h~rein; 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 - 2 - 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. Section 13. Indemnity. The Grantee, by acceptance of the franchise pursuant to Section 16 of the 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 per- sonal 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 14. Validity. Each section of this Ordinance and each part of each section hereof is hereby decl'ared to be an in- dependent 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 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 Or- dinance. Section 15. Conflicts. All previous ordinances, parts of ordinances or franchises in conflict herewith are hereby repealed. Section 16. 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. Attest: . [ c' ef, Section 17. 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. this /iz~ day of /~ . , 1989, and approved by the Mayor this /l ~ day of ~ ., 1989. BRENT SHIRLEY, Mayor/~. A~pr~?d as to