AN ORDINANCE GRANTING NISLY BROTHERS, INC. A KANSAS CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE AND THE RIGHT TO OPERATE, MAINTAIN AND EXTEND A REFUSE AND RECYCLABLES OPERATION IN THE CITY OF MEDICINE LODGE, KANSAS, PRESCRIBING THE TERMS OF SAID GRANT AND RELATING THERETO.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MEDICINE LODGE, KANSAS:

SECTION 1: That in consideration of the benefits to be derived by the City of Medicine Lodge, Kansas, and its inhabitants, there is hereby granted Nisly Brothers, Inc., a Kansas Corporation, hereinafter sometimes designated as “Contractor,” said Contractor being a corporation operating a service for Refuse and Recyclables, the right, privilege, and authority for a period of five (5) years from the 1st day of April, 2013, to occupy and use the streets, avenues, alleys, and public places of said City, for the placing and maintaining of equipment and property necessary to carry on the business of Refuse and Recyclables collection within the City of Medicine Lodge, Kansas, its inhabitants and additions thereto, and through said City limits thereof; to obtain said Refuse and Recyclables from; and to do all things necessary or proper to carry on said business in the City of Medicine Lodge, Kansas. The City provides that the term of the franchise is five (5) years with the option to continue for three (3) additional years upon agreement by both parties. Additional details and scope of service included in the “Contract/Franchise Agreement For Refuse and Recyclables Collection” are hereby incorporated by reference upon approval by the Governing Body.

SECTION 2: As further consideration for the granting of this franchise, and in lieu of any city occupation, license or revenue taxes, the Contractor shall pay to the City during the term of this franchise five percent (5%) of its gross revenue from all sales of the Refuse and Recyclables within the corporate limits of said City.

SECTION 3: That the Contractor, its successors and assigns, shall use all reasonable and proper precaution to avoid damage or injury to persons or property, and shall hold and save harmless the City, it’s officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys’ fees) occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the franchise agreement, and from any and all claims, liabilities and losses occurring or resulting to any person or firm, or corporation for damage, injury, or death arising out of or connected with the Contractor’s performance of the franchise agreement, unless such claims, liabilities, or losses arise out of negligence or willful misconduct of the City. “Contractor’s performance” includes acts and omissions of the Contractor and Contractor’s officers, employees, agents and subcontractors.

(02-18-2013)