Ord 1985-114 - Laserfiche WebLink

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-2- SECTION 5. Limitations on Route: Service shall not operate or sell its products on any City street, right-of-way, or property that is within 300 feet of any public school or public school property without the express written permission of an authorized public school official. SECTION 6. Compliance with Laws: Service agrees to faithfully follow and comply with the laws of the United States, the State of Texas, the County of Hays and the City of San Marcos, including but not limited to, collecting and rendering the State sales tax. Serv ice shall provide to City a true and correct copy of all sales tax reports filed with the State Comptroller within 10 days of each such filing. SECTION 7. Nonexclusivity: The granting of this franchise shall in no way imply that said franchise is exclusive; and City reserves the right at any time to grant an additional franchise or franchises to qualified applicants if and when the City Council shall determine that the public convenience and necessity would best be served by such additional franchise or franchises. SECTION 8. Public Convenience and Necessity: Service has established by clear, cogent and convincing evidence, and the San Marcos City Council has so found and determined, that the present and future public convenience and necessity require the operations here authorized to be performed by Service, and that the public convenience and necessity will be served by the granting of this franchise. SECTION 9. Nondiscrimination: Serv ice shall offer its services on a non-discriminatory 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 10. Insurance: Service shall procure insurance against liability arising out of injury or death to any person or property damage caused by the negligent or willful misconduct of Service, Service's agents or employees or by the unsafe condition or operation of its motor vehicle, and said insurance shall be in a minimum amount of fifteen thousand dollars ($15,000.00) for any one person, and thirty thousand dollars ($30,000.00) for each single occurrence of bodily injury or death; and fifteen thousand dollars ($15,000.00) for any single occurrence of injury to or destruction of property; and such insurance policy shall contain the endorsement that such insurance may not be cancelled or amended with respect to Service without ten (10) days' written notice by registered mail to City by the insurance company. A certified copy of the original policy of all such insurance shall be delivered by Service to City within ten (10) days of the inception of such policy by the insurance company. The minimum limits of any insurance coverage required herein shall not limit Service's liability under Section 11 of this Ordinance. SECTION 11. Indemnity: Service shall indemnify, save and hold harmless City and all officers, agents and employees of City from and against all damages, claims, losses, demands, suits, judgments and costs, including attorneys' fees and expenses arising out of or resulting from the conduct or operation of Service's business. It is the intention of Service that such indemnity shall apply whether or not the damages, claims, losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses arise from the negligence of City. SECTION 12. Changes in Franchise: City expressly reserves the right, after due notice to Service, to modify, amend, alter, change or eliminate any of the provisions of this franchise which may become obsolete or impractical and to impose such additional conditions upon Service as may be just and reasonable, such conditions to be those deemed necessary for the purpose of insuring adequate service to the public. Provided, however, City shall not modify, amend, alter, change or eliminate any of said provisions until after a public hearing.