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HomeMy WebLinkAboutOrdinances_2288_CCv0001.pdf i 4 ORDINANCE NO. 2288 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 5.80 OF THE REDLANDS MUNICIPAL CODE RELATING TO TOW TRUCK FRANCHISE REGULATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. Section 5.80.010 of the Redlands Municipal Code is hereby amended to read as follows: "5.080.010 Establishment The rules and regulations set out in this Chapter are established for the granting of City franchises for the operation of tow truck vehicles in the City's Police Department rotational tow program over, upon, and along the streets of the City and to operate authorized storage garages for impounded vehicles in the City. No person, firm, entity,partnership, business or corporation shall be entitled to more than one franchise for purposes of participating in the City's rotational tow program. Each grantee of a franchise shall provide, in addition to tow truck service, a storage garage as specified in this Chapter. Such storage yard shall be owned or under the exclusive control of the grantee unless otherwise approved by the City." Section 2. Section 5.80.150 of the Redlands Municipal Code is hereby deleted in its entirety_ and rewritten to read as follows: "5.80.150 Insurance The grantee of a franchise shall obtain and maintain during the term of its franchise, all insurance required by this section and shall annually submit to the City certificates of insurance representing that such insurance is in force. Acceptance of the certificates by the City shall not relieve the grantee of any of the insurance requirements contained herein, nor decrease liability of the grantee. (a) The grantee shall obtain and maintain during the term of its franchise, workers compensation and employer's liability insurance in amounts required by the City for all its employees performing services. (b) The grantee shall obtain and maintain during the term of its franchise, comprehensive automobile and general liability insurance that provides protection from claims which may arise from the grantee's and its employees' operations, performance or omissions under the terms of its franchise. The amounts of insurance shall not be less than$500,000 for comprehensive automobile DIM53OLE I and$1,400,040 for general liability insurance and shall not be canceled or reduced unless thirty(30) days prior written notice of the same is provided the City. In such event, the City may, within its sole discretion, terminate the franchise. (c) The City shall be named as an additional insured in all insurance policies required by this section and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by the City." Section 3. Section 5.84.050 of the Redlands Municipal Code is hereby deleted in its entirety and rewritten to read as follows: "5.80.054 Acceptance of Franchise/Indemnity A. The grantee of a franchise, by acceptance of the same, shall charge rates for tow truck service and/or storage service and comply with tow truck operating procedures as may from time to time be prescribed by the City. B. The grantee of a franchisee shall defend, indemnify and hold harmless the City, and its elected officials, officers and employees, from and against any and all liability, claims, suits, loss, damages,costs and expenses, including attorney's fees,arising out of or resulting from any negligent acts, errors or omissions of the grantee, its officers, employees, agents or subcontractors in the performance or omission of their services under its franchise." Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands Daily Facts, a newspaper of general circulation within the City and thereafter, this ordinance shall take effect as provided by law. Mayor of the City of Redlands AT'T`EST: City C rk DJM530LE 2 1, Lorrie Power,City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 20thday of June _1995 by the following vote: AYES: Councilmembers Foster, Gilbreath, Gil NOES: Mayor Larson; Councilmember Cunningham ABSTAIN: None ABSENT: None �City ?erk of the f Redlands DJM530LE 3