HomeMy WebLinkAboutOrdinance 1694ORDINANCE; NO. ~_(p~
AN ORDINANCE GRANTING TO BIOMASS ONE, L.P., A NON-
EXCLUSIVE FRANCHISE IN THE CITX OF CEN'PRAh POINT, OREGON
THE PEOPLE OF THE CITY OF CENTRAL PO.T.NT, OREGON, DO ORDAIN
AS FOLLOWS:
Sectiozz 1. There :i.s her.eby granted to Bi.ornass One, I.P.,
hereinafter called "Grantee", the non-exclusive right, privilege
and. f_rancktise to use the streets; highways and/or alleys, or_
other publ:i.c ways in. the City of Cent.r.al Point, Oregon, hereafter
referred to as "Ci.ty", for the purpose of collecting and removing
wood waste products within the corporate li.mii.s of the City of.
Centr_aJ. Point, Oregon.
Section 2. In consideration of the privilege and franchise
granted by this ordinance, C,rantec. shall. assume all liability and
risk for damage to persons or property which may arise from its
operations within the City, and Grantee shall save i:he City
harmless from and indemnify the City against any and all
liabili.t.i.es, claims, ar.tions, suits, losses, expenses or damage
that. may arise or be incurred therefrom. Grantee shall. provi_cle
and keep in force and effect a policy of liability insurance i.n
the amow.it. of $].,000,000, with City added as a named insured, and
shal]. make such policy available for City inspection upon
request. Grantee covenants and. agrees with City that i. n.
consideration of the granting to i.t of the rights anal privilE:ges
contained in this ordinance, and for all business or_ occupati.ona].
taxes, license, fr_anrhise or construction permit fees, it will
pay to the City 60 of Grantee's gross annual revenues, as defined
below, derived from service to its pa'cr.ons hereafter. located
within the City.
Said percentage shall be paid in quarterly installments n.o
later than ].5 days after the end of the period covered by the
payment, and Gr.an.i:ee shall furnish the City at the end of each
suciz period a verified statement af. its gross revenues. Grantee
shall allow :i.nspection of i.ts books at: al.l 'reasonable hours upon
request by City. Except as otherwise provided herein, "gross
revenues" shall mean all revenues received by Grantee from
C,rantee's operations within the City of Central Point.
Section_3. The franchise hereby granted shall be in effect
for a period of ten (].0) years.
Sectiorr.4_. In case of_ suit or action to enforce any rights
arising under. this franchise, the prevailing party i.n any such.
suit or ar..tion shall be entitled to reasonable attorney fees as
set by t:he Court therein, including any appeals.
1 - ORDINANCE NO. (g y (102293)
Section 5. This os:d_nance shall be effective 30 days from
its passage; however, it shall be inoperat:.ive uailess endow..sed
below by Grantee, and filed with the City Admi.ni.sk_rator wi.tk~in 30
days from its passage.
Passed by the Couno:i.l and signed by me i_n autl~ient~,aation of
its passage this A1~ day of =~~7tC~.,,(~jLi _, 1993.
-..7
/' /. /
Mayoi~ oger Westen~ee
ATTEST:
r~ -
City _presentative
Approved by me this _a~„_ day of ~iP~n~./~eA ~ ; 7.99 3.
May~r Roger Westensee
The terms of this ordinance are hereby accepted by Biomass
One, L.P.
i
__-~ <.
Marc. R. Rappapoa't}~' J
Managing Partner
2 - ORDINANCE N0. 1f~Q`f (102293}