|
<br />franchise.
<br />
<br />SECTION 9. Non discrimination: The Service will offer its services on a nondiscriminatory basis
<br />to all persons and shall not discriminate upon the basis of religion, race, sex, age, national origin or
<br />physical handicap in its operation.
<br />
<br />SECTION 10. Insurance: The Service will maintain in full force and effect insurance against
<br />liability arising out of injury or death to any person or property damage caused by the negligent or
<br />willful misconduct of the Service's servants, agents or employees or by the unsafe condition or
<br />operation of its trailers or any motor vehicles pulling the trailers, and this insurance shall be in a
<br />minimum amount of one hundred thousand dollars ($100,000.00) for anyone person, and three
<br />hundred thousand dollars ($300,000.00) for each single occurrence of bodily injury or death; and one
<br />hundred thousand dollars ($100,000.00) for any single occurrence of injury to or destruction of
<br />property: and such insurance policy will contain an endorsement that such insurance may not be
<br />canceled or amended with respect to the Service without ten (10) days prior written notice, by
<br />registered mail, to the City by the insurance company. The original policy of all such insurance will
<br />be delivered by the Service to the City within ten (10) days of the inception of such policy by the
<br />insurance company. The minimum limits of any insurance coverage required herein will not limit
<br />the Service's liability under Section 11 ofthis Ordinance.
<br />
<br />SECTION 11. Indemnity: The Service will indemnify, hold harmless and defend the City and all
<br />officers, agents and employees of the City from and against all damages, claims, losses, demands,
<br />suits, judgments and costs, including reasonable attorneys' fees and expenses arising out of or
<br />resulting from the conduct or operation of the Service's business. It is the intention of the Service that
<br />such indemnity will apply whether or not the damages, claims, losses, demands, suits, judgments and
<br />costs, including reasonable attorneys' fees and expenses arise from the negligence of the City.
<br />
<br />SECTION 12. Changes in Franchise: The City expressly reserves the right, after due notice to the
<br />Service, to modify, amend, alter, change or eliminate any of the provisions of this franchise which
<br />may become obsolete or impractical and to impose such additional conditions upon the Service as
<br />may be just and reasonable, such conditions to be those deemed necessary for the purpose of insuring
<br />adequate service to the public. Provided however, the City will not modify, amend, alter, change or
<br />eliminate any of these provisions until after a public hearing.
<br />
<br />SECTION 13. Termination by City for Default by Service: The City will have the right to
<br />investigate the manner of operation of the Service at any time. The City may terminate this franchise
<br />for the violation or default by the Service of any of the terms thereof, provided that the Service will
<br />first be given notice of such violation or default and of the intent to terminate: and should such
<br />violation or default continue for a period of more than thirty (30) days, then all the rights and
<br />privileges ofthe Service under the provisions of this franchise may be forthwith terminated; provided
<br />however, that termination will not be invoked for any violation or default due to strikes,
<br />insurrections, acts of God or any other causes beyond the control of the Service.
<br />
<br />SECTION 14. Renewal: Voluntary Termination: The term ofthis franchise"will be renewed each
<br />year upon the anniversary of its effective date unless either party gives written notice to the other at
<br />least thirty (30) days in advance of such date of its intention to terminate this franchise on the
<br />respective anniversary date. It is not necessary for the party giving notice of intent to terminate to
<br />specify any cause in connection with the termination.
<br />
<br />SECTION 15. Severability: If any word, phrase, clause, sentence, or paragraph ofthis ordinance is
<br />held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of
<br />this ordinance will continue in force if they can be given effect without the invalid portion..
<br />
<br />SECTION 16. Effective Date: This Franchise Ordinance will take effect 30 days after the date of
<br />its final passage, and the City Secretary will publish notice of its adoption in a newspaper of general
<br />circulation in the City.
<br />
<br />PASSED AND APPROVED on first reading April 12, 1999.
<br />
<br />PASSED AND APPROVED on second reading April 19, 1999.
<br />
|