(A) A person commits an offense if the person owns or operates facilities within the right-of-way within the city without first having obtained a registration from the city.
(B) To obtain registration, a person must submit an application on a form provided by the city. The applicant must be the person who will own the facilities.
(C) The applicant for registration shall furnish the city the following information which shall be subscribed and sworn to before a notary public:
(1) Name and address of the applicant;
(2) Trade name under which the applicant does or proposes to do business;
(3) The name, address and telephone number of the person who will be the contact person for the user;
(4) The name, address and telephone number of any contractor or subcontractor, if known, who will be working in the right-of-way on behalf of the applicant;
(5) The name(s) and telephone number of an emergency contact who shall be available 24 hours a day;
(6) Proof of insurance and bonds, as follows:
(a) Worker's compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum limits of $100,000 for each accident.
(b) Commercial general liability insurance, or any combination of general liability and umbrella or excess insurance, with minimum limits of $5,000,000 as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. The insurance coverage must be written by a company or companies approved to conduct business in the State of Texas. The city must be named as an additional insured on the policy by using endorsement CG 20 26 or broader.
(c) Automobile liability insurance covering all owned, hired, and non-owned vehicles in use by applicant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of $2,000,000 as the combined single limit for each occurrence for bodily injury and property damage.
(d) The city will accept certificates of self-insurance which provide the same coverages as required herein, so long as the applicant demonstrates by written information to the city that it has adequate financial resources to be a self-insured entity.
(e) All policies other than those for worker's compensation shall be written on an occurrence and not on a claims made basis and shall name the city, its officers and employees as additional insureds by using endorsement CG 20 26 or broader. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company.
(f) Insurance policies must provide that the issuing company waives all right to recovery by way of subrogation against the city in connection with damage covered by the policy.
(g) All insurance policies shall contain the following endorsement: At least 30 days prior written notice shall be given to the City of Lindsay by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail.
(h) The applicant, and thereafter, the registration holder, without cost to the city, shall file a surety bond which will be valid each year construction will occur through two full years after the completion of the construction. The surety bond shall be issued by a surety company authorized to do business in the State of Texas. The amount of the bond shall be the estimated amount of the cost to restore the right-of-way for the work anticipated to be done in that year, in the event the registration holder leaves a job site in the right-of-way unfinished, incomplete or unsafe. If the applicant has no facilities existing in the city at the time of application, the city may postpone the requirement for filing a surety bond until the applicant submits an application for an excavation permit.
(i) A utility provider with a franchise in effect on the date of this chapter satisfies the requirements of this section if the provider's franchise adequately provides insurance and bonds.
(7) Such other information as the city may determine is reasonably necessary.
(Ord. 1018-2, passed 2-11-2019)