Ord 1980-014 - Laserfiche WebLink

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117 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 presentl 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 up@n the basis of religion, race, sex or national origin in its operations. 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 th~usand ($300,000.00) for each occurrence; and one hundred thousand dollars ($100,000.00) for property damage; 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. Any insurance policy herein required or procured by Service shall contain an express waiver of any rights of subrogation by the insurance company against City. The original policy of all such insurance shall be delivered I 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 any and all suits, actions or claims for damages of any character name and description to any person, including personal injuries result- ing in death, or to any property occasioned by or arising out of the conduct of Service's business. Service shall be required to pay any judgment, with cost, which may be obtained against City growing out of any such injury or damages. It is specifically provided that the provisions of this section shall not apply to any suit, actions or claims for injury, damages or otherwise, occasioned by or arising out of the negligent or willful conduct of any officer, agent or employee 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 I 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 Penalty: 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 purposes herein more fully set out. City may at any time declare a forfeiture of this franchise for the violation or default by Service