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HomeMy WebLinkAboutORD 84-49 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FRANCHISE HERETOFORE GRANTED TO REM WASTE CONTROL, INC. ; BROWNING FERRIS INDUSTRIES, INC. ; AND WASTE EXPRESS, INC. , THE SAME BEING ORDINANCES 83-155 , 83-156 , and 83-157 WHICH GRANTED THE RIGHT TO OPERATE COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION SERVICE IN THE CITY OF BEAUMONT; TO AMEND THE BOND REQUIREMENT IN THE INDEMNITY AGREEMENT AND PROVIDING FOR SEVERABILITY. WHEREAS, by Ordinances 83-155, 83-156 , and 83-157 the City of Beaumont granted franchises to operate commercial closed container garbage collection service in the City of Beaumont to REM Waste Control, Inc. , Browning Ferris Industries, Inc. , and Waste Express, Inc. ; and, WHEREAS , the City desires to amend such franchises ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Section 5 as the same appears in Ordinances 83-155, 83-156 and 83-157 heretofore passed by the City of Beaumont be, and the same is hereby amended to read as follows: Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents , employees , and any member of the public against any and all injuries, damages , i claims , causes of action or loss of compensation arising or resulting from Company' s operations at the City landfill under this franchise, whether or not such loss was caused by the negligence of the City , its agents, servants or employees. Upon notice given Company by City , Company must defend, at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company , its agents, servants or employees, and Company will pay all damages occurring to any person or property , public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1 ) Workers Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers compensation coverage as required by the State of Texas. 2 ) Automobile Liability Insurance The Company shall carry in its own name , a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than $1 ,000 ,000 per occurrence for bodily injury and, in addition, - 2 - not less than $100,000 property damage. This z policy shall name City as an additional insured and provide for thirty ( 30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3 ) General Liability The Company shall carry , in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than $1 ,000 ,000 per occurrence for bodily injury , and $100 ,000 per occurrence for property damage. The policy shall name the City as a named insured and provide for thirty ( 30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. 3 - -p�- 71 4 ) Performance Bond The Company shall furnish a performance bond for the faithful performance of all provisions of this franchise, said performance bond to be executed by a responsible surety company authorized to do business in the State of Texas and be in the amount of *250 ,000. Said performance bond, payable to the City , shall be furnished by the Company and remain in force during the entire term of the franchise, and shall indemnify the City against any loss resulting from any failure of performance by the Company under this franchise. Said bond shall be approved by the City Attorney and filed with the City Clerk before the et-fective date of this franchise. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont on f irst reading this the -_- day of _117 1984. 4 - PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the / day of G 1984 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14-.�_ day of 1984. -7 Mayor - 5 -