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Longview, TX Code of Ordinances
City of Longview, Texas Code of Ordinances
Charter
Chapter 1 General Provisions
Chapters 2 - 3 Reserved
Chapter 4 Administration
Chapters 5 - 6 Reserved
Chapter 7 Aircraft
Chapters 8 - 9 Reserved
Chapter 10 Alcoholic Beverages
Chapter 11 Ambulances and Emergency Medical Services
Chapter 12 Reserved
Chapter 13 Animals and Fowl
Chapters 14 - 15 Reserved
Chapter 16 Bicycles
Chapters 17 - 18 Reserved
Chapter 19 Buildings and Structures
Chapter 20 Business Regulations
Chapter 21 Reserved
Chapter 22 Cemeteries
Chapters 23 - 24 Reserved
Chapter 25 City-Owned Facilities
Chapters 26 - 27 Reserved
Chapter 28 Court
Chapters 29 - 30 Reserved
Chapter 31 Discrimination
Chapter 32 Reserved
Chapter 33 Economic Development
Chapter 34 Elections
Chapters 35 - 36 Reserved
Chapter 37 Reserved
Chapters 38 - 39 Reserved
Chapter 40 Fire Prevention
Chapters 41 - 42 Reserved
Chapter 43 Reserved
Chapters 44 - 45 Reserved
Chapter 46 Food and Food Establishments
Chapters 47 - 48 Reserved
Chapter 49 Garbage, Trash and Weeds
Chapters 50 - 57 Reserved
Chapter 58 Offenses and Miscellaneous Provisions
Chapters 59 - 60 Reserved
Chapter 61 Oil and Gas Wells
Chapters 62 - 63 Reserved
Chapter 64 Repealed in its Entirety
Chapters 65 - 66 Reserved
Chapter 67 Outdoor Vendors and Solicitors
Chapters 68 - 69 Reserved
Chapter 70 Police
Chapters 71 - 72 Reserved
Chapter 73 Reserved
Chapters 74 - 75 Reserved
Chapter 76 Precious Metals and Gems
Chapters 77 - 78 Reserved
Chapter 79 Public Amusements
Chapters 80 Reserved
Chapter 81 Public Recreational Facilities
Chapter 82 Railroads
Chapters 83 - 84 Reserved
Chapter 85 Reserved
Chapters 86 - 87 Reserved
Chapter 88 Smoking
Chapters 89 - 90 Reserved
Chapter 91 Reserved
Chapter 92 Reserved
Chapter 93 Reserved
Chapter 94 Taxation
Chapter 95 Telecommunications and Cable Television Regulations
Chapter 96 Reserved
Chapter 97 Traffic
Chapters 98 - 99 Reserved
Chapter 100 Trailers, Mobile Homes and Trailer Parks
Chapters 101 - 102 Reserved
Chapter 103 Vehicles for Hire
Chapters 104 - 105 Reserved
Chapter 106 Reserved
UDC to Appendix A: Unified Development Code
Sec. 95-5. Liability and indemnification.
(a)   Indemnification of the city. The grantee shall save the city and its agents and employees harmless from and against all claims, damages, losses, and expenses, including attorney's fees sustained by the city on account of any suit, judgment, execution, claim or demand whatsoever arising out of but not limited to copyright infringements and all other damages arising out of the installation, operation, maintenance, or reconstruction of the cable television system authorized in a franchise agreement.
(b)   Reimbursement of costs. A grantee shall pay all expenses incurred by the city defending itself with regard to all damages and penalties mentioned in Section 95-5(a) above.
(c)   Public liability insurance. A grantee shall maintain throughout the term of the franchise or any renewal or extension thereof, a general comprehensive liability insurance policy issued by an insurer with an A- or better rating of insurance in Best's Key Rating Guide, Property/Casualty Edition, authorized to do business in the State of Texas, naming as the additional insured the city, its officers, boards, commissions, agents and employees, in a form satisfactory to the City Attorney protecting the city and all persons against liability for loss or damage for personal injury, death or property damage, occasioned by the operations of the grantee under any franchise granted hereinafter, in the amounts of (i) $500,000.00 for bodily injury or death to any one person, within the limit, however, of $1,000,000.00 for bodily injury or death resulting from any one accident, (ii) $250,000.00 for property damage resulting from any one accident, and (iii) workers compensation insurance in compliance with all workers compensation insurance and safety laws of the State of Texas, and amendments thereto.
(d)   Notice of cancellation or reduction of coverage. The insurance policies mentioned above shall state that the policies are extended to cover the liability assumed by the grantee under the terms of any franchise agreement and shall contain the following endorsement:
   "It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until 30 days after receipt by the city by registered mail of written notice of such intent to cancel or reduce the coverage."
(e)   Evidence of insurance filed with the city. All policies of insurance or certificates of insurance with a notice of cancellation provision shall be filed and maintained with the city during the term of this franchise or any renewal thereof.
(f)   No waiver of insurance, construction bond or letter of credit. Recovery by the city of any amounts under insurance, the construction bond (Section 95-5(g)) or letter of credit (Section 95-16), or otherwise does not limit a grantee's duty to indemnify the city in any way; nor shall such recovery relieve a grantee of its obligations under a franchise, limit the amounts owed to the city, or in any respect prevent the city from exercising any other right or remedy it may have.
(g)   Construction bond. Prior to any cable system construction, upgrade, or other work in the public rights-of-way, a grantee shall establish in the city's favor a performance bond in an amount specified in a franchise agreement or other authorization as necessary to ensure the grantee's faithful performance of the construction, upgrade, or other work.
   In the event a grantee subject to such a performance bond fails to complete the cable system construction, upgrade, or other work in the public rights-of-way in a safe, timely, and competent manner in accord with the provisions of a franchise agreement, there shall be recoverable, jointly and severally from the principal and surety of the bond, any damages or loss suffered by the city as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee, or the cost of completing or repairing the cable system construction, upgrade, or other work in the public rights-of-way, plus a reasonable allowance for attorney's fees, up to the full amount of the bond. The city may also recover against the bond any amount recoverable against the letter of credit where such amount exceeds that available under the letter of credit.
   Upon completion of the cable system construction, upgrade, or other work in the public rights-of-way and payment of all construction obligations of the cable system to the satisfaction of the city, the city may eliminate the bond or reduce its amount after a time appropriate to determine whether the work performed was satisfactory, which time shall be established considering the nature of the work performed. The city may subsequently require a new bond or an increase in the bond amount for any subsequent construction, upgrade, or other work in the public rights-of-way.
   The performance bond shall be issued by a surety with an A- or better rating of insurance in Best's Key Rating Guide, Property/Casualty Edition and shall be subject to the prior approval of the city.
   The construction bond shall contain the following endorsement:
   "It is hereby understood and agreed that this bond may not be canceled by the surety nor the intention not to renew be stated by the surety until 60 days after receipt by the city, by registered mail, of written notice of such intent to cancel or not to renew."
(Ord. No. 2801, § 3, 2-25-99)