HomeMy WebLinkAbout2149 Franchise to Operate a Passenger Transportation Service - Victorian Carriage Rides, Randy and Janice AndrusORDINANCE NO. 2149
AN ORDINANCE GRkNTiNG TO RANDY AND JANICE ANDRUS, dba
VICTORIAN CARRIAGE RIDES, A SOLE PROPRIETORSHIP, A
FRANCHISE TO OPERATE A PASSENGER TRANSPORTATION SERV-
ICE FOR ONE YEAR
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 Randy and Janice Andrus,
dba Victorian Carriage Rides, 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
or franchise is hereby granted to Grantee for a period of one (1)
year from and after the date of acceptance by Grantee of this Or-
dinance, to establish, maintain and operate a passenger transporta-
tion service over and upon the streets of the City, and for a dis-
tance 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 reon.
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 serv-
ice 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 o~the Council Street Com-
mittee actlng in concert. /~t~F?~F~.~ £ot~l~ 'l~tt~Cgc'C.~~ Ceo/--
Section 6. Insurance. The Grantee shall secure and at all
times have in. full force and, effect such insurance coverage for pro-
tection of passengers and the public as may be required by the laws
of the State of Washington, provided that such insurance shall have
minimum limits as follows:
Personal Injury:
Property Damage:
Occurrence
Aggregate
$ ~00,000
$ 500,000
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. 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 be-
ginning June 1, 1989, the sum of. ~;0~- ~6~ ~0~&~ ($ ~D~,~ );
t%,~-~=~.o c~= one percen
_. . ...... . ~ = .... · pr~-
c~d~nq y~ar frn~rar, tec's passcngcr transportation opera~4~n~; ~n
~ ....... ~ is~ day o~ Junc o~dch year beginnin~
witk the firs~ p~yman~_ d,~a on or before .7~3n¢ ], 199~.
Section 8. Equipment. Vehicles operated by Gran~e 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
and applicable ordinances of the City.
Section 9. Extension by ~nexation. 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. Assignment. 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 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 ~or a period of more
than sixty (60) days after delivery or mailing to the Gran~e of
such written notice, all of the rights and privileges had by the
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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 declared 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. Ail 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.
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 16r~ day of ~ , 1989, and approved
by the Mayor this /~T~'~ day of ~. , 1989.
DAVID GROVE, City Clerk
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A.p_pr/~ed as t~~ form,