§ 34-33. Insurance and indemnification of city required.

(a)

Indemnification of city required. A person who places, installs, or maintains a newsrack on a right-of-way shall execute a written agreement on a form provided by the director that provides that the permittee will defend, indemnify, and hold harmless the city and its officers, agents, or employees against any and all claims, lawsuits, judgments, costs, or expenses including attorney's fees for bodily injury, wrongful death, property damage, or other harm arising out of or in any way related to the permittee's occupancy, maintenance, or use of the permitted area or the placement, installation, operation, or maintenance of any newsrack.

(b)

Insurance required.

(1)

A person who places, installs, or maintains a newsrack on a right-of-way shall maintain a policy of general liability in an amount of not less than five hundred thousand dollars ($500,000) for each occurrence and five hundred thousand dollars ($500,000) in annual aggregate that names the city and its officers, agents, or employees as additional insureds for the specific purpose of defending, indemnifying, and holding harmless the city and its officers, agents, or employees against any and all claims, lawsuits, judgments, costs, or expenses including attorney's fees for bodily injury, wrongful death, property damage, or other harm arising out of or in any way related to the permittee's occupancy, maintenance, or use of the permitted area or the placement, installation, operation, or maintenance of any newsrack.

(2)

The insurance policy shall require notice to the director within thirty (30) days of the policy's lapse, cancellation, or change in coverage.

(3)

The insurance policy shall be maintained in full force and effect by the permittee at all times during the period for which there is a permit and in the original amount of insurance.

(4)

The insurance policy must be written by an insurance company approved by the State of Texas and issued in a standard form approved by the Texas Department of Insurance.

(5)

The applicant or permittee shall provide a current certificate of insurance upon application or renewal of the permit. Upon a reasonable request by the director, the applicant or permittee shall provide the director such additional information and documents as are necessary to ensure compliance with this section.

(Ord. No. 2009-9129, § 2, 10-22-09)