§ 21-153. Insurance and indemnity requirements.

(a)

Insurance. Any person required under this article to obtain the city's consent to make use of the public right-of-way or any person required by this chapter to obtain a permit to perform construction in the public right-of-way must, during the period of the use or work, obtain and keep in effect insurance against claims for injuries to persons or damages to property arising from or in connection with the performance of the work, comprehensive general liability and property damage insurance with minimum limits of $500,000.00 for the injury or the death of any one person, $1,000,000.00 for each occurrence, and $100,000.00 for each occurrence of damage to or destruction of property.

(b)

Indemnity.

(1)

Certificated telecommunications providers. The indemnity provisions of V.T.C.A., Local Government Code § 283.057(a) and (b), apply to certificated telecommunications providers using or accessing public rights-of-way; provided that the following definitions will be applicable to such section:

a.

Municipality shall mean the city; and

b.

Parties shall mean the city and the certificate telecommunications provider.

(2)

Cable service providers and video service providers. The indemnity provisions of V.T.C.A., Utilities Code § 66.012(a) and (b) apply to cable service providers and video service providers using or accessing public rights-of-way, provided that the following definitions will be applicable to such section:

a.

Municipality shall mean the city;

b.

Holder of state-issued certificate of franchise authority shall mean a cable service provider or a video service provider; and

c.

Parties shall mean and refer to the city and cable service provider or cable video service provider, as applicable.

(3)

Network providers. Pursuant to V.T.C.A., Local Government Code § 284.302, the indemnification provisions of V.T.C.A., Local Government Code § 283.057(a) and (b) apply to network providers using or accessing public rights-of-way, provided that the following definitions will be applicable to such section:

a.

Municipality shall mean the city;

b.

Certificated telecommunications provider shall mean a network provider.

c.

Parties shall mean the city and the network provider.

(4)

Electric and gas franchises. The indemnity provisions of the franchise ordinance applicable to each utility shall apply.

(5)

Other water, wastewater, electrical, natural gas, or other services not authorized by city ordinance. The contract shall contain the following indemnify language:

The user of the public right-of-way must indemnify and hold the city and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the user of the public right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the user of the public right-of-way, or its respective officers, agents, employees, directors, or representatives, while installing, repairing, or maintaining facilities in a public right-of-way. The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the city, its officers, employees, contractors, or subcontractors. If a user of the public right-of-way and the city are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the city under state law and without waiving any defenses of the city and user of the public right-of-way under state law. This section is solely for the benefit of the city and the user of the public right-of-way and does not create or grant any rights, contractual or otherwise, to any other person or entity.

( Ord. No. 13,558 , § 3, 8-24-17)