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Legislation #: 910171 Introduction Date: 2/14/1991
Type: Ordinance Effective Date: 3/24/1991
Sponsor: COUNCILMEMBER COFRAN
Title: Granting a temporary permit to M-J Surreys, Ltd. for the operation of a horse-drawn sight-seeing business from a public street location on the Country Club Plaza.

Legislation History
DateMinutesDescription
2/14/1991

Referred Plans And Zoning Committee

2/20/1991

Hold On Agenda

2/27/1991

Hold On Agenda

3/6/1991

Hold On Agenda

3/13/1991

Advance and Do Pass as a Committee Substitute

3/14/1991

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910171

 

Granting a temporary permit to M-J Surreys, Ltd. for the operation of a horse-drawn sight-seeing business from a public street location on the Country Club Plaza.

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WHEREAS, Article VII of Chapter 33 of the Code of General Ordinances of Kansas City (the Taxicab Code) provides for the issuance of no more than thirty (30) permits for the operation of horse-drawn sight-seeing vehicles (carriages) on approved routes within the area bounded by 47th Street, Ward Parkway, Jefferson and J. C. Nichols Parkway in the Country Club Plaza in the City; and

 

WHEREAS, the Department of Public Works has designated the north side of Nichols Road between Pennsylvania and Jefferson Streets in the Plaza as points of origin (Origination Points) from which a limited number of carriages can operate over approved Plaza routes; and

 

WHEREAS, M-J Surreys, LTD. has applied for the non-exclusive authority to operate a horse-drawn sight-seeing business from one of the Origination Points; and

 

WHEREAS, Kansas City, under its police powers, has the authority to prohibit or regulate the commercial use of its public streets and, under Section 410 of the City Charter, has the power to grant temporary permits, unconditionally revocable at the will of the Council, for the exercise of privileges in the streets, public ways and public places of the City; and

 

WHEREAS, the City Council is willing to grant a temporary permit to M-J Surreys, LTD. (the Permittee) to operate its horse-drawn sight-seeing business from an Origination Point in the Plaza; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Permittee is hereby granted, subject to compliance with all of the terms and conditions hereof, the temporary non-exclusive right and privilege to operate a horse-drawn sight-seeing business from an Origination Point designated by the Director of Public Works. The Origination Point is subject to temporary or permanent change by the Director of Public Works due to emergency or changed traffic conditions or by agreement with the Permittee.

 

Section 2. That the Permittee shall obtain and maintain in effect at all times during the term hereof, without lapse, interruption or suspension, fifteen (15) horse-drawn sight-seeing permits issued pursuant to Chapter 33 of the Code of General Ordinances (the Taxicab Code). The Permittee shall have its horses certified every three months by a licensed veterinarian who specializes in equine medicine, as specified in Section 33.107 of the Taxicab Code. The final certification shall occur between November 1 and November 15 of each calendar year.

 

Section 3. That the Permittee is hereby authorized to operate thirteen (13) carriages and two (2) sight-seeing sleighs over approved Plaza routes between November 16 and January 31 of each calendar year and twelve (12) carriages and sleighs, provided that in no event shall there be more than two (2) sight-seeing sleighs, during the remainder thereof.

 

Section 4. That, for the rights and privileges granted herein, the Permittee shall pay an annual permit fee for each of the fifteen (15) vehicles authorized to operate hereunder. The permit fee for each vehicle shall be as follows:

 

$500.00 for the period March 15, 1991 to March 14, 1992. $550.00 for the period March 15, 1992 to March 14, 1993 and $600.00 for the period March 15, 1993 to March 14, 1994.

 

The permit fee shall be payable on the effective date of this permit and on or before the fifteenth day of March of each year of the term hereof.

 

Section 5. That the Permittee shall display in plain view in each carriage operated hereunder a card provided by the City which shall state all restrictions and requirements established by the veterinarian on the use of the horse(s) drawing the carriage and shall also state a phone number for reporting any observed violations or abuse. A duplicate of each card shall be posted in plain view of the public at the Permittee's ticket booth.

 

Section 6. That the Permittee shall abide by all driver certification criteria established by the City Council.

 

Section 7. That the Permittee shall allow representatives of the City to have access to all horses used hereunder for the purpose of examining them to determine the safety and well-being of the animals. Such access shall not be denied or restricted either within or outside the city limits of Kansas City.

 

Section 8. That the Permittee shall abide by the maximum rated passenger capacity limit of each carriage. If no rating is available, the capacity limit shall be established by the Finance Department at the time of the inspection of the carriage. The capacity of each carriage shall be posted in plain view on the carriage.

 

Section 9. That the Permittee shall agree to defend, indemnify and hold the City, its officers, agents and employees, harmless from all liability, loss or damage resulting to any persons or property caused by or arising out of the Permittee's operations hereunder.

 

Section 10. That the rights and privileges granted herein may not be assigned or otherwise transferred by the Permittee. No property right is conveyed in the grant of the rights and privileges herein, or in their renewal.

 

Section 11. That the rights and privileges granted herein shall begin on the effective date hereof and shall automatically terminate upon the failure of the Permittee to comply, or continue to comply, with any of the conditions hereof. All such rights and privileges shall expire on March 14, 1994.

 

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Approved as the form and legality:

 

 

 

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Assistant City Attorney