Ord 1984-069 - Laserfiche WebLink

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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. Non discrimination: Service shall 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 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 servants, agents or employees or by the unsafe condition or operation of its trailer or any motor vehicle drawing said trailer, and said insurance shall be in a minimum amount of one hundred thousand dollars ($100,000.00) for anyone person, and 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; 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. 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. !~~em~ity. 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 reasonable 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. SECTION 13. Forfeiture and Penal~: City shall have the right to investigate the manner of operation of the service of Service for the purpose of securing to City efficient and economical service for the purpose herein more fully set out. City may at any time declare a forfeiture of this franchise for the violation or default by Service of any of the terms thereof, provided that none of the terms of this franchise shall be deemed to be violated so as to permit such forfeiture, unless Service shall first be given notice of such violation or default and of the intent to declare a forfeiture and thereafter such