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HomeMy WebLinkAbout71.45 ORDINANCE NO. 71. ~5 AN ORDINANCE OF THE CITY Ol~ SARATOGA AMENDING VARIOUS PROVESIONS OF THE CITY CODE PERTAINING TO INDEMNII~ICATION OF THE CITY AND LIABILITY INSURANCE The City Council of the City of Saratoga hereby ordains as follows: SECTION h Section 4-25.190 in Article 4-25 of the City Code is amended to read as follows: u$4-25.190 Insurance requirements As a condition for the granting and continuation of a franchise hereunder, the grantee shall furnish to the City, at his own cost and expense, a policy or policies of liability and other insurance coverage as may be required under the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such policy or policies shah be maintained in full force and effect in accordance with said insurance standards du~ing the entire term of the franchise." SECTION 2: Section 4-40.050 in Article 4-40 of the City Code is amended to read as follows: "~:4-40.050 Liability insurance (a) No certificate shah be issued or continued in operation, and no person shall drive or cause or permit to be driven or operated, any taxieab in the City, unless and until there is in full force and effect a motor vehicle liability insurance policy or policies insuring such owner and covering each such taxicab and each driver thereof, and unless and until such owner shah file with the City Clerk a written certifieate or certifieates of insurance showing that such policy or policies are in full force and effect and that an endorsement has been issued to each such policy or policies therein cited that the same shall not be cancelled and no reduction in the amount of coverage shall be made except upon thirty days' prior written notice to the City. Such policies shall insure the owner and any other person using or responsible for the use of any such taxicab, against loss from the liability imposed on any of them by law for injury to, or death of, any person or damage to property, arising from or growing out of the maintenance, operation or ownership of any taxicab covered by the policy, with coverage limits in such amount as approved by the City Council. (b) In addition to the insuranee required under Paragraph (a) of this Section, the taxicab owner shall also furnish to the City, at his own cost and expense, a policy or policies of liability and other insuranee coverage as may be required under the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such policy or policies shah be maintained in full -1- force and effect in accordance with said insurance standards during the entire term of the certificate." SECTION 3: Section 7-05.110 in Article 7-05 of the City Code is amended to read as follows: "S7-05.110 Franchi~se agreement for garbage collection service The City Council may by resolution award a franchise to any person the Council believes is qualified and equipped to perform garbage collection service. Such franchise agreement shall require the Garbage Coilector to render service to all residential and commercial premises within the City in accordance with the provisions of this Article and in conformity with such regulations as may be adopted by the Director with the approval of the City Council. The Garbage Collector shall be required to furnish a surety bond in the penal sum of One Hundred Thousand Dollars, conditioned upon his faithful performance of the franchise agreement, and to maintain in full force and effect, during the entire term of the franchise, liability and other insurance coverage as required under the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Additional terms of such franchise agreement shah not conflict with any of the provisions of this Article." SECTION 4: Paragraph (g) of Section 9-40.080 in Article 9-40 of the City Code is amended to read as follows: "(g) Insurance. No permit shall be issued until the applicant has furnished to the City, at his own cost and expense, a policy or policies of liability and other insurance coverage as may be required under the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such policy or policies shall be maintained in full force and effect in accordance with said insurance standards during the entire term of the permit. With the approval of the City Engineer, the applicant may furnish such policy or policies on an annual or continuing basis to cover one or more permits for hauling in the same or different locations." SECTION 5: Section 10-10.080 in Article 10-10 of the City Code is amended to read as follows: nSl0-10.080 Insurance As a condition for issuance of a permit, the applicant shall furnish to the City, at the applicant's own cost and expense, a policy or policies of liability and other insurance coverage as may be required under the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such policy or policies shall be maintained in full force and effect in accordance with said insurance standards during the entire term of the permit." SECTION 6: Section 10-15.090 in Article 10-15 of the City Code is amended to read as follows: "S10-15.090 Miscellaneous requirements (a) Property owners shall be protected from any damage to property and dust nuisance. A water wagon shall be made available on demand of the Maintenance Director. (b) No work shall be deemed completed until final written approval thereof is issued by the Maintenance Director. (c) The permittee shall indemnify, defend and hold the City and its officers, officials, boards, commissions, employees and volunteers harmless from and against any and all claims, demands, actions, expenses or liabilities arising out of or in any manner relating to the excavation, construction or restoration activity conducted by the permittee or any failure by the permittee to comply with any terms or conditions of the permit or any provisions of this Article. (d) As a condition for the isusance and continuation of a permit, the permittee shall furnish to the City, at the permittee's own cost and expense, a policy or policies of liability and other insurance coverage as may be required under the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such policy or policies shall be maintained in full force and effect in accordance with said insurance standards for as long as the permit remains issued and outstanding. Notwithstanding the foregoing, the Maintenance Director may waive the requirement of a liability insurance policy where the permit is issued to a public agency or public utility corporation. (e) The Maintenance Director shall require the permittee to guaranty that all construction, installation and restoration work performed under the permit shall be free of defects in material or workmanship for a period of one year from the date of final approval by the City." SECTION 7: Section 10-20.090 in Article 10-20 of the City Code is amended to read as follows: "$10-20.090 Indemnification of the City; liability insurance (a) No encroachment permit shall be issued until the applicant has executed a written agreement to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees and volunteers harmless from and against any and all claims, demands, actions, expenses or liabilities arising or resulting from the doing or refraining from doing any act permitted by such permit, or the failure to comply with any terms or conditions of such permit, or arising or resulting in any manner from the erection or construction of such encroachment. (b) As a condition for the issuance and continuation of an encroachment permit, the City Engineer may require the applicant to furnish, at the applicant's own cost and expense, a policy of liability insurance providing coverage in accordance with the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such insurance coverage shall be maintained in full force and effect in accordance with said insurance standards for as long as the permit remains issued and outstanding." SECTION 8: Paragraph (a) of Section 11-10.040 in Article 11-10 of the City Code is amended to read as follows: "(a) In issuing any special permit, the Director may impose any conditions he deems necessary or appropriate to protect the public health, safety or welfare, including, without limitation, any or all of the following: (1) Restrictions on the requested use or uses set forth in the application. (2) Restriction on the hours within which the use or activity may be conducted. (3) A requirement that the applicant provide, at his own cost and expense, professional crowd-control monitors, such as sheriffs deputies or private licensed patrolmen, in such numbers as the Director reasonably anticipates may be necessary under all the circumstances. (4) A requirement that the applicant furnish to the City, at his own cost and expense, liability insurance coverage in accordance with the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such insurance coverage shall be maintained in full force and effect in accordance with said insurance standards for as long as the permit remains issued and outstanding." SECTION 9: A new Section 14-05.055 is added to Article 14-05 of the City Code, to read as follows: "S14-05.055 Indemnification of the City; liability insurance (a) The approval of any application pursuant to this Chapter shall be subject to a condition that the applicant shall, upon the City's request, defend, indemnify and hold the City and its officers, officials, boards, commissions, employees and volunteers harmless from and against any claim, action or proceeding to attack, set aside, void or annul the approval, or any of the proceedings, acts or determinations taken, done or made prior to such approval, which is brought within the time specified in Section 14-85.060 of this Chapter. If a defense is requested, the City shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing heroin shall prevent the City from participating in the defense, but in such event, the City shall pay its own attorney's fees and costs. (b) Whenever an approval granted pursuant to this Chapter authorizes or requires any construction, installation, alteration or grading work to be performed, whether on public or private property, the applicant shall furnish to the City: (1) A written agreement to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees and volunteers harmless from and against any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the applicant or by anyone acting on his behalf; and (2) When required as a condition of the approval, a policy or policies of liability and other insurance coverage in accordance with the applicable insurance standards of the City, as established from time to time by resolution of the City Council." SECTION 10: Subparagraph (a)(4) of Section 14-40.046 in Article 14-40 of the City Code is amended to read as follows: "(4) The indemnity agreement and insurance policy required by Section 14-05.055 of this Chapter." SECTION lh Section 14-45.010 in Article 14-45 of the City Code is amended to read as follows: "S14-45.1)10 Application for approval Prior to the expiration of the tentative building site approval or extension thereof pursuant to Section 14-20.080, the owner shah apply for final building site approval by filing with the City Engineer all of the documents listed in Subsections 14-40.020(a) and 14-40.040(a) of this Chapter as may be required under the conditions of the tentative building site approval. If a final parcel map of the building site is required, all of the provisions of Article 14-40 pertaining to the form, content, review, certification, approval and recordation of final maps shall be applicable thereto." SECTION 12: Subparagraph (c)(3) of Section 14-50.060 in Article 14-50 of the City Code is amended to read as follows: "(3) The applicant has furnished to the City the indemnity agreement and insurance policy required by Section 14-05.055 of this Chapter." SECTION 13: The title of Article 14-60 is changed from "Deferred Improvement Agreements" to "Improvement Agreements." SECTION 14: Section 14-60.010 in Article 14-60 of the City Code is amended to read as follows: "!H4-60.010 Improvement agreement Prior to the commencement of any improvement work, the owner of the subdivision or building site shall enter into a written agreement with the City, which shall contain the following provisions: (a) That all improvements will be constructed in accordance with the plans and specifications as previously approved by the City Engineer, and will be -5- satisfactorily completed within one year from the date of final subdivision or building site approval (or such other date as may be specified in the agreement). (b) That the owner shall maintain the improvements in good condition and repair and guaranty the same against any defects in material and workmanship for a period of one year from the date of final approval by the City. (c) That upon any failure by the owner to complete or maintain the improvements or to correct any defects therein, the City may perform any necessary construction, maintenance or corrective work and recover the full cost and expense thereof from the owner. (d) That the owner shall pay to the City the cost of inspecting the improvements. (e) That the owner shall furnish to the City the improvement security required by Section 14-60.020 of this Article. (f) That the owner shall furnish to the City the indemnity agreement and insurance policy required by Section 14-05.055 of this Chapter. (g) Such other terms, covenants, conditions or provisions as the City Council, the City Engineer or the Planning Director may deem necessary or appropriate ." SECTION 15: Section 14-60.030 in Article 14-60 of the City Code is repealed. SECTION 16: A new Section 15-05.080 is added to Article 15-05 of the City Code, to read as follows: "~15-05.080 Indemnification of the City; liability insurance (a) The approval of any application pursuant to this Chapter shah be subject to a condition that the applicant shall, upon the City's request, defend, indemnify and hold the City and its officers, officials, boards, commissions, employees and volunteers harmless from and against any claim, action or proceeding to attack, set aside, void or annul the approval, or any of the proceedings, acts or determinations taken, done or made prior to such approval, which is brought within the time prescribed in Section 15-90.080 of this Chapter. If a defense is requested, the City shall give prompt notice to the applicant of any such claim, action or proceeding, and shall cooperate fully in the defense thereof. Nothing herein shall prevent the City from participating in the defense, but in such event, the City shall pay its own attorney's fees and costs. (b) Whenever an approval granted pursuant to this Chapter authorizes or requires any construction, installation, alteration or grading work to be performed, whether on public or private property, the applicant shall furnish to the City: (1) A written agreement to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees and volunteers harmless from and against any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the -6- performance of such construction, installation, alteration or grading work by the applicant or by anyone acting on his behalf; and (2) When required as a condition of the approval, a policy or policies of liability and other insurance coverage in accordance with the applicable insurance standards of the City, as established from time to time by resolution of the City Council." SECTION 17: Section 16-50.110 in Article 16-50 of the City Code is amended to read as follows: "S16-50.110 Indemnifieation of the Cit~ liability insurance (a) No Class C, D, E or F permit shall be issued until the applicant has executed a written agreement to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees and volunteers harmless from and against any and all claims, demands, actions, expenses or liabilities arising or resulting from the doing or refraining from doing any act permitted by such permit, or the failure to comply with any terms or conditions of such permit. (b) As a condition for the issuance and continuation of a Class C, D, E or F permit, the applicant shall furnish to the City, at the applicant's own cost and expense, a policy of liability insurance providing coverage in accordance with the applicable insurance standards of the City, as established from time to time by resolution of the City Council. Such insurance coverage shall be maintained in full force and effect in accordance with said insurance standards for as long as the permit remains issued and outstanding." SECTION 18: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 19 This Ordinance shall be in full force and effect thirty days after its passage and adoption. The above and foregoing Ordinance was regularly introduced and after the Waiting time required by law, was thereafter passed and adopted at a regular -7- meeting of the City Council of the City of Saratoga held on the 18th day of .. May , 1988, by the following vote: AYES: Councilmembers Anderson, Clevenger, Hlava, and Moyles NOES: None ABSEN~4~yor Peterson /~/~f~-- · MAYOR ATTEST: CITY CLERK Copy of Ordinance 71,~,-~s a which has been pubti hed according to law. -8-