(A) The grantee shall maintain and by its acceptance of a franchise specifically agrees that it will maintain throughout the term of the franchise, liability insurance insuring the grantee and the municipality and the municipality's officers, boards, commissions, elected and appointed officials, agents, and employees, in the minimum amounts of:
(1) $2,000,000 for bodily injury or death to each person;
(2) $3,000,000 for bodily injury or death from any one accident;
(3) $3,000,000 for property damage from any one accident;
(4) $5,000,000 for general liability coverage, along with umbrella policy coverage;
(5) $2,000,000 for all other types of liability.
(B) The grantee shall carry and maintain in its own name automobile liability insurance with a limit of $2,000,000 for each person and $2,000,000 for each accident for property damage with respect to owned and non-owned automobiles for the operation of which the grantee is responsible.
(C) The certificate of insurance obtained by the grantee in compliance with this section must be approved by the municipality's attorney, and such insurance policy certificate of insurance shall be filed and maintained with the municipality during the term of the franchise. The grantee shall immediately advise the municipality's attorney of any litigation that may develop that would affect this insurance.
(D) Neither the provisions of this section, nor any damages recovered by the municipality thereunder, shall be construed to or limit the liability of the grantee under any franchise issued hereunder, or for damages.
(E) Such insurance policies provided for herein shall name the municipality, its officers, boards, commissions, agents and employees as an additional insured, and shall be primary to any insurance carried by the municipality. The insurance policies required by this section shall be carried and maintained by the grantee throughout the term of the franchise and such other period of time during which the grantee operates or is engaged in the removal of its cable system. Each policy shall contain a provision providing that the insurance policy may not be canceled by the surety nor the intention not to renew be stated by the surety until 30 days after receipt by the municipality, by registered mail, of written notice of such intention to cancel or not to renew.
(Ord. 2000-10, passed 4-10-00)
Penalty, see § 110.999