Ord 2006-020 - Laserfiche WebLink

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SECTION 5. Fee: For the granting of this franchise an annual fee of $250.00 shall be paid by the Service to the City to help defray the costs of administration and enforcement of the terms of the franchise, and costs associated with traffic and river patrol. I SECTION 6. Nonexclusivity: The granting of this franchise shall in no way imply that this franchise is exclusive; and the City reserves the right at any time to grant an additional franchise or franchises to qualified applicants if and when the City Council determines that the public would best be served by an additional franchise or franchises. SECTION 7. Public Convenience and Necessity: The Service has established by clear, cogent and convincing evidence, and the San Marcos City Council has found and determined that the present and future public convenience and necessity require that the operations here authorized be performed by the Service, and that the public convenience and necessity will he served by the granting of this franchise. SECTION 8. Non-discrimination: The Service will offer its services on a nondiscriminatory basis to all persons and shall not discriminate upon the basis of religion, race, sex, age, national origin or physical handicap in its operation. SECTION 9. Insurance: The Service will maintain in full force and effect a policy of insurance against liability arising out of injury or death to any person or property damage caused by the negligent or willful misconduct of the Service's servants, agents or employees or by the unsafe condition or operation of the Services' vehicles, trailers or any motor vehicles pulling a trailers. The policy of insurance shall be issued by a company authorized to do business in the State of Texas and the policy shall cover each and every vehicle operated by the Service in a minimum amount of one hundred thousand dollars ($100,000.00) for anyone person; three hundred thousand dollars ($300,000.00) for each single occurrence of bodily injury or death; and one hundred thousand dollars ($100,000.00) for any single occurrence of injury to or destruction of property. The insurance policy must also contain an endorsement that such insurance may not be suspended, canceled or amended with respect to the Service without ten days prior written notice sent to the City by the insurance company using registered mail. A copy of the policy of insurance will be delivered by the Service to the City within ten days of the inception of such policy by the insurance company. The minimum limits of any insurance coverage required herein will not limit the Service's liability under Section 11 of this Ordinance. I SECTION 10. Indemnity: The Service agrees to indemnify, hold harmless and defend the City and all officers, agents and employees of the City from and against all damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, arising out of or resulting from the conduct or operation of the Service's business. It is the intention of the Service that such indemnity will apply whether or not the damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses arise from the negligence of the City. I 2