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 ,
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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,
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not less than $100,000 property damage. This
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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.
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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.
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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.
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Mayor -
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