HomeMy WebLinkAboutItem 09 - Horse and Carriage ServiceMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
ITEM 0 .�...9
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGERj,
SEPTEMBER 21, 2004
HORSE AND CARRIAGE SERVICE IN HISTORIC DISTRICT
City Council to consider approving a contract with Olde Tyme Carriage Company for horse
and carriage service in portions of the City.
BACKGROUND:
In 1998 City Council approved a contract with Anne Murray of Olde Tyme Carriage
Company to offer service to residents and tourists in the Historic District. The contract was
renewed in 2000. When the contract expired in 2001, the contractor decided not to request
renewal of the contract due to the rising cost of insurance and lack of business in the
historic district in the evenings.
Earlier this year, the Gaylord Texan contacted Olde Tyme Carriage Company to inquire
about providing tours on their property during the holiday season. In addition, Ms. Murray
feels that the increase in tourism has regenerated demand for the service downtown.
Ms. Murray would operate both the tour at Gaylord and a downtown tour. The Cross
Timbers Winery and Tasting Room has agreed to provide a base of operation for Ms.
Murray's horses and trailer while she is in town. The operating hours for the Gaylord Texan
tour would be from approximately 5:30 p.m. -10:30 p.m. during the holidays. She is
requesting that she be allowed to operate the downtown tour from 11:00 am to 2:00 pm on
weekdays.
Staff from the City Manager's Office, Convention and Visitors Bureau, Police Department
and Public Works have reviewed her planned routes. It is the request of staff that the
routes and hours of operation not be specified in the contract, but are to be reviewed and
approved by the City Manager. This will allow greater flexibility to adjust the routes and
hours due to traffic concerns, road construction, special events etc. This is especially
important on the downtown route where traffic volume may dictate the need to be off of
Main Street. Ms. Murray has contacted Gaylord to discuss sharing the space used by their
shuttle in front of Liberty Park. Since their Shuttle only stops there twice during her
operating hours, they are amenable to accomodating her.
Staff recommends approval.
AGREEMENT
STATE OF TEXAS
This agreement is made and entered into by and between the City of Grapevine,
a municipal corporation in Tarrant County, Denton County and Dallas County, Texas,
acting by and through Roger Nelson, its duly authorized City Manager, hereinafter
called "City", and Olde Tyme Carriage Company, d/b/a Anne Murray, herein called
"Licensee".
WITNESSETH
WHEREAS, Licensee has made application to operate a horse-drawn carriage service
in the City of Grapevine, Texas, upon and over city streets in said City; and
WHEREAS, the City Council, upon duly considering said application, has found a public
need and necessity for such service;
NOW, THEREFORE, in consideration of the mutual covenants hereafter set forth, the
parties do hereby agree as follows:
Licensee is hereby granted the PRIVILEDGE and LICENSE to use the present
and future streets in the City of Grapevine, Texas for a term of one year commencing
September 21, 2004, in its business of providing horse-drawn carriage service for hire
within the City's municipal limits. Such service shall be confined to an area and service
hours approved by the City Manager. This Agreement may be extended for up to three
(3) additional one (1) year terms, subject to the approval, mutual agreement, and
consent of the City Manager and Licensee
2.
A. Licensee acknowledges its property and operations shall be and remain subject to
such reasonable regulation by the City as it is or may be necessary to protect the
interests of the general public.
B. For and in consideration of the privilege and license granted herein to operate its
horse-drawn carriages upon the City's streets, Licensee shall pay the City an annual
licensing fee of $250.00.
C. The supervision and/or revocation of the privilege granted herein may be
accomplished under the applicable provisions of the ordinances and Charter of the
City of Grapevine and the laws of the State of Texas.
9
Licensee covenants and agrees that at all times during the operation of public
carriage service, it shall keep its equipment in neat, clean, operable and safe condition,
attractive to the general public. All drivers and operators of such equipment shall be
well-trained and capable of operating such equipment, and will operate same in a
courteous and safe manner in accordance with the laws and ordinances of the City of
Grapevine and the State of Texas. Licensee shall operate and conduct such operation
in a manner that will not be disturbing or annoying to the general public.
Licensee covenants and agrees that it shall take all reasonable measures to
keep all city streets and other property clean of animal excrement resulting from the
Licensee's operations hereunder. Such excrement shall be collected and disposed -of
on a daily basis, and failure by the Licensee to maintain said streets and property in a
manner described herein shall be grounds for termination of this license and agreement.
Licensee shall utilize "diapers" on its horses as a reasonable measure to keep city
streets and other property clean of equine fecal matter but the use of said diapers shall
not mitigate the Licensee's responsibility to remove all equine fecal matter from city
streets. The Licensee must make every effort possible to limit horse urination on the
right-of-way. If horse urination does occur, that area must be cleaned with water at the
end of each evening.
Licensee's service shall be available to all members of the general public who
pay for such service, and Licensee shall not discriminate against anyone in the
furnishing of its service, or the charges thereof, on account of race, color, religion, sex
or national origin.
4.
Licensee acknowledges that its property and operations shall be and remain
subject to such reasonable regulation by the City as is or may be necessary to protect
the interests of the general public. As such, Licensee understands and acknowledges
that during the term of this agreement the City of Grapevine may adopt such ordinances
which further regulate the operation of Licensee's service within the City of Grapevine,
and Licensee agrees that upon the adoption thereof, Licensee shall begin conduction its
operation in compliance with the provisions of such ordinances, regardless of the terms
and conditions of this agreement. In the event the terms and conditions of this
agreement are in conflict with the provisions of any such ordinance adopted by the City,
the parties hereto agree that the provisions of such ordinance shall supersede the terms
and conditions of this agreement to the extent they are in conflict.
91
Licensee covenants and agrees to comply with all laws, federal, state and local
and that the license and privilege herein granted shall be and remain subject Licensee's
full, complete and satisfactory continuing compliance with such law, including but not
limited to the Charter and ordinances of the City of Grapevine and all rules, regulations,
and requirements of any municipal authority of the City of Grapevine. It is further
agreed that Licensee will obtain and pay for all necessary permits, licenses and taxes
incurred or required in connection with the Licensee's exercise of the privileges granted
herein; Licensee will not do or suffer to be done anything in violation of such laws,
ordinances, rules or requirements during the term of this agreement; and that if City call
the attention of Licensee, the Licensee shall immediately desist and correct such
violation or terminate the exercise of the privilege granter herein. Failure by Licensee to
comply with all applicable laws, ordinances, rules or requirements governing the
operation of such service shall be grounds for revocation by City of the license and
privilege granted herein.
A
Licensee shall operate hereunder as an independent contractor and not as an
officer, agent, servant, or employee of the City. Licensee shall have exclusive control of
and the exclusive right to control the details of the operations hereunder, and all
persons performing same; and Licensee shall be solely responsible for the acts and
omissions of its officers, agents, servants and employees. The doctrine of respondent
superior shall not apply as between City and Licensee, its officers, agents, servants and
employees; and nothing herein shall be construed as creating a partnership or joint
enterprise between City and Licensee.
N
It is further understood and agreed between the Parties hereto that the legal title
to the City streets belongs to the State, and City of Grapevine exercises such powers
over the streets as have been delegated to it by the Constitution of the State of Texas or
by the Legislature; that the City of Grapevine holds the streets as trustee for the public
and that the City of Grapevine cannot contract away its duty and its legislative power to
control the streets for the use and benefit of the public. It is accordingly agreed that if
the governing body of the City of Grapevine, to wit, its City Council, should at anytime
during the term hereof close, vacate, and abandon all or any portion of said streets, or
use or cause permit the said portions of street to be used for any public purpose,
including but not limited to underground, surface or overhead communication, drainage,
sanitary sewerage, transmission of natural gas or electricity, or any other public
purpose, whether presently contemplated or not, then City may do so without any
liability under this Agreement.
8.
Licensee covenants and agrees to indemnify and hold harmless City, it's officers,
agents, servants and employees, from and against any and all claims or suits for
property damage and/or personal injury, including death to any and all persons, of
whatsoever kind of character, whether real or asserted, arising out of or in connection
with Licensee's exercise of the privilege granted herein. Licensee hereby assumes all
liability and responsibility for any and all claims or suits for property loss or damage
and/or personal injury, including death to any and all persons, of whatsoever kind or
character, whether real or asserted, arising out of or in connection with all acts or
omissions of Licensee, its officers, agents, employees, contractors, subcontractors,
licensees, invitees or patrons.
40
Licensee covenants and agrees that it will obtain and maintain in force
throughout the term of this agreement, a policy or policies of general liability insurance
in the amount of $500,000 per occurrence for bodily damage and $1,000,000 aggregate
for property damage pertaining to its services and operations hereunder; that said policy
or policies shall be with a reputable company licensed to do business in the State of
Texas; that a certificate evidencing the fact of current insurance coverage shall be
maintained on file with the City throughout the term of this agreement.
im
Licensee covenants and agrees it is obligated to discharge any claim or
judgement against it finally established by law, and that failure to do so for a period of
one hundred eighty (180) days thereafter shall, ipso facto, terminate all authority under
this agreement.
11.
It is specifically covenanted and agreed by and between the parties hereto that
nothing herein contained shall ever be held or construed to confer upon the Licensee
exclusive rights or privileges however, Licensee shall have right of first refusal for any
additional horse-drawn carriage or similar vehicle service within the City of Grapevine.
12.
Licensee agrees that it will not assign its rights or the privilege herein granted
without the prior written consent of the City, and any attempted assignment without such
prior written consent shall be null and void.
13.
Venue of any suit or cause of action of any nature whatsoever brought under this
agreement shall lie exclusively in Tarrant County, Texas.
EXECUTED in duplicate original in Grapevine, Tarrant County, Texas, on the
twenty-first day of September, A.D. 2004.
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
CITY OF GRAPEVINE
By:
Roger Nelson
City Manager
ATTEST:
By:
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