[CC 1985 §6.5-81; Ord. No. 2651 §5.1, 8-13-1992]
A.
When Filed, Amount. Within thirty (30) days after the granting
of this franchise and prior to the commencement of any construction
work by the grantee, the grantee shall file with the City a performance
and surety bond in the amount of fifty thousand dollars ($50,000.00)
in favor of the City of Ste. Genevieve and any other person who may
claim damages as a result of the breach of any duty by the grantee
assured by such bond. In the event the grantee shall faithfully comply
with all applicable Statutes, ordinances and regulations governing
the franchise and shall faithfully complete the construction of the
facilities contemplated herein and shall receive a certificate of
completion from the City of Ste. Genevieve, then the obligation under
such bond shall be void, otherwise it shall remain in full force and
effect.
B.
Form Approved By City Attorney. Such bond as contemplated
herein shall be in the form approved by the City Attorney and shall,
among other matters, cover the cost of removal of any properties installed
by the grantee in the event the grantee shall default in the performance
of its franchise obligation.
C.
No Limitation Of Liability. In no event shall the amount
of the bond be construed to limit the liability of the grantee for
damages.
D.
Bond Coverage If Delegated. If the City shall delegate the
enforcement of this Article under contract, the entity to which such
authority is delegated shall have authority to negotiate bond coverage
on behalf of the City as a member of a group of cities so as to have
one (1) bond for all cities mutually contracting.
[CC 1985 §6.5-82; Ord. No. 2651 §5.2, 8-13-1992]
A.
Extent. The grantee shall by acceptance of the franchise
granted herein indemnify, defend and hold harmless the City, its officers,
boards, commissions, agents and employees from any and all claims,
suits, judgments or damages in any way arising out of or through or
alleged to arise out of or through the act of the City in granting
a franchise and the acts or omissions of grantee, its servants, employees
or agents. Both such indemnifications shall cover such claims arising
in tort, regulations or from any source or on the basis of any theory
whatsoever.
B.
Tender Of Defense. In the event any such claims shall arise,
the City shall tender the defense thereof to the grantee; provided
however, that the City, in its sole discretion, may participate in
the defense of such claims at its expense.
[CC 1985 §6.5-83; Ord. No. 2651 §5.3, 8-13-1992]
A.
Kinds, Amounts. The grantee shall maintain throughout the
term of the franchise insurance in amounts at least as follows:
1.
Workers' Compensation insurance. In such coverage
as may be required by the Workers' Compensation insurance and safety
laws of the State of Missouri and amendments thereto.
2.
Comprehensive general liability. Bodily injury each
person one million dollars ($1,000,000.00) and each occurrence one
million dollars ($1,000,000.00). Property damage each accident one
hundred thousand dollars ($100,000.00). An additional "umbrella" liability
coverage of five million dollars ($5,000,000.00) is required.
3.
Comprehensive automobile liability. Including non-ownership
and hired car coverage as well as owned vehicles with minimum limits
as follows: bodily injury for each person one hundred thousand dollars
($100,000.00) and each occurrence three hundred thousand dollars ($300,000.00).
Property damage for each occurrence fifty thousand dollars ($50,000.00).
B.
Copies Furnished. The grantee shall furnish the City with
copies of such insurance policies and certificates of insurance.
C.
Endorsement. Such insurance policies provided for herein
shall name the City of Ste. Genevieve, its officers, boards, commissions,
agents and employees as additional insureds and shall contain the
following endorsement:
"It is hereby understood and agreed that this insurance policy
may not be cancelled by the surety, nor the intention not to renew
be stated by the surety, until thirty (30) days after receipt by the
City of Ste. Genevieve, Missouri, by registered mail of written notice
of such intention to cancel or not renew."
D.
No Limitation Of Liability. The minimum amounts set forth
herein for such insurance shall not be construed to limit the liability
of the grantee to the City under the franchise issued hereunder to
the amounts of such insurance.
[CC 1985 §6.5-84; Ord. No. 2651 §5.4, 8-13-1992]
The City has undertaken its study, preparation of proposal documents,
evaluation of all applications and processes of franchise documents
and ordinances. Costs incurred by the City shall be limited to ten
thousand dollars ($10,000.00) in total sum. Costs shall include, but
not be limited to, all costs of publication of notices, publication
of this Article, consultant's and attorney's fees and all incidental
costs, which the processing cost shall be paid by grantee upon award
of franchise and receipt of an itemized list of the costs.
[CC 1985 §6.5-85; Ord. No. 2651 §5.5, 8-13-1992]
The City shall have the power to periodically review the adequacy
of the amounts of performance and compliance bonds, the amount required
in the security fund and insurance coverage amounts. If, because of
changed circumstances, such as, but not limited to, inflation, costs
of materials and/or the record of performance of the grantee, the
City determines that any or all of the amounts set are inadequate,
the City shall notify the grantee by sending the grantee a document
detailing the proposed changes. The grantee shall have thirty (30)
days to reply. After consideration of grantee's reply, if any, the
City shall establish new amounts as it deems reasonable to protect
the public welfare and provide for the common good.
