(a) It is a condition of a license that the installation, operation, and maintenance of each newsrack be in accordance with this division.
(b) Prior to the issuance of a license, the licensee shall execute a written agreement providing all of the following:
(1) The licensee will defend, indemnify, and hold whole and harmless the city of Dallas and its officers, agents, representatives, or employees against any and all claims, lawsuits, judgments, costs, or expenses (including attorney’s fees) for bodily injury, property damage, or other harm arising out of, or in any way related to, the licensee’s occupancy, maintenance, or use of the licensed area or the licensee’s placement, installation, operation, or maintenance of any newsrack. The indemnity must include claims for damages that any publicly or privately owned utility or communication company sustains arising from the licensee’s occupancy, maintenance, or use of the licensed area or the licensee’s placement, installation, operation, or maintenance of any newsrack.
(2) If the city of Dallas is ever made a defendant in any cause of action, directly or indirectly, based upon the licensee’s occupancy, maintenance, or use of the licensed area, or the licensee’s placement, installation, operation, or maintenance of any newsrack, the city shall have the right, at its option, to implead the licensee and its successors and assigns.
(3) The licensee will procure, prior to the issuance of a license, and keep in full force and effect at all times during the license term, commercial general liability insurance coverage (including, but not limited to, premises/operations, independent contractors, and contractual liability) protecting the city of Dallas against any and all claims for damages to persons or property as a result of, or arising out of, the licensee’s occupancy, maintenance, or use of the licensed area or the licensee’s placement, installation, operation, or maintenance of any newsrack, with minimum combined bodily injury (including death) and property damage limits of not less than $500,000 for each occurrence and $500,000 annual aggregate. The insurance policy must be written by an insurance company approved by the State of Texas and acceptable to the city and issued in a standard form approved by the Texas Department of Insurance. All provisions of the policy must be acceptable to the city and must name the city and its officers and employees as additional insureds and provide for 30 days written notice to the director of cancellation, non-renewal, or material change to the insurance policy.
(4) The license is subject to the rights of the city, public utilities, and franchisees in and to the public right-of-way and the rights of the city to make changes to the grade of any street, sidewalk, or parkway, and the licensee will never make a claim against the city for damages it might suffer by reason of the installation, construction, reconstruction, operation, or maintenance of any public improvement, utility, or communication facility on the licensed area.
(c) The annual license fee for a newsrack license is:
(1) $15 for each freestanding newsrack located within a public right-of-way of the city; and
(2) $60 for each newsrack space operated in a multiple newsrack unit, which amount includes $45 for rental of the newsrack space from the city or the city contractor.
(d) A licensee shall pay the annual license fee for a newsrack license to the director. The payment must be made on or before the issuance of a license. All sums due under this section must be deposited by the city controller and are subject to a $25 fee for each dishonored check. Except as specifically provided otherwise in this division, no license fees will be prorated upon termination of any license. (Ord. Nos. 26809; 27201)