(a) A person installing a streetlight pole banner shall procure and keep in full force and effect insurance written by an insurance company approved by the State of Texas and acceptable to the city and issued in the standard form approved by the Texas Department of Insurance. All provisions of each policy must be acceptable to the city. Each policy must name the city and its officers, employees, and appointed representatives as additional insureds. The coverage provisions of each policy must provide coverage for any loss or damage that may arise to any person or property by reason of the installation of the streetlight pole banner by the applicant.
(b) Insurance required under this article must include a cancellation provision in which the insurance company is required to notify the director in writing not fewer than 30 days before cancelling the insurance policy or before making a reduction in coverage.
(c) Insurance is required in the following types and amounts:
(1) Commercial general liability insurance must be provided with combined single limits of liability for bodily injury and property damage of not less than $1,000,000 for each occurrence with a $2,000,000 annual aggregate.
(2) Business automotive liability insurance covering owned, hired, and non-owned vehicles, with a combined single limit for bodily injury (including death) and property damage of $1,000,000 per occurrence.
(3) Worker's compensation insurance with statutory limits.
(4) Employer's liability insurance with the following minimum limits for bodily injury by:
(A) accident, $1,000,000 per each accident; and
(B) disease, $1,000,000 per employee with a per policy aggregate of $1,000,000.
(5) Umbrella liability insurance following the form of the primary liability coverage described in Subsection (a) and providing coverage with minimum combined bodily injury (including death) and property damage limit of $1,000,000 per occurrence and $1,000,000 annual aggregate.
(d) In addition to the insurance requirements of Subsection (c) of this section, the director may require additional insurance for a streetlight pole banner if such additional insurance is recommended by the city's risk manager as being necessary for the protection of the city or the public health, safety, and welfare.
(e) If a facility or other property owned or managed by the city is subject to both the insurance requirements of this chapter and insurance requirements established by another city ordinance, an official city action, a city lease or use agreement, or other applicable law, then the insurance requirements with the greater limits and coverages must be met to erect a streetlight pole banner at the facility or property.
(f) A streetlight pole banner permit will not be issued until the insurance requirements have been verified by the city's designated third-party provider. (Ord. 31144)