(a) The operator shall indemnify and save harmless the City, and all agents, officers, employees and representatives thereof from all claims, demands, causes of action, copyright action, liability, judgments, costs and expenses or losses for injury or death to persons or damage to property owned by, and Worker's Compensation claims against any parties indemnified herein, arising out of, caused by, or as a result of the operator's construction, erection, maintenance, use of, presence of, or removal of any poles or wires lines, cable, conduit, appurtenances thereto, or equipment or attachments thereto.
(1) The operator shall carry good and sufficient public liability and property damage insurance to fulfill the terms of subsection (a) hereof which insurance shall be in the amounts of not less than five hundred thousand dollars ($500,000) for property damage in any one occurrence, not less than one million dollars ($1,000,000) aggregate in any single policy year; and not less than five hundred thousand dollars ($500,000) bodily injury or death of any one person, with a minimum of one million dollars ($1,000,000) as to any one occurrence. Such policy shall be subject to the approval of the City Attorney as to its form and extent of coverage, as distinguished from dollar amount of coverage. Such policy shall specifically insure against claims arising as the result of underground excavation.
(2) The City of Reynoldsburg shall be named as an additional insured in any such policy or policies.
(3) The policy shall provide by endorsement that it may only be cancelled or amended by the insurance company after sixty days notice, in writing, to the Service Director.
(4) Such policy, or policies, must be in force before the operator commences any construction or installations.
(5) Either the original policy, or policies, or certified copies must be on file with the Service Director.
(6) The policy shall provide that the naming of the City as an additional insured shall not exempt the insurer from liability to the City for damage to property owned by it or in which it has an interest.
(b) Upon termination or revocation of his permit or upon cessation of operations by the operator such operator is under obligation to remove all of his equipment and installations over and under City streets, at the request of Council; over and under private property at the request of property owners; and from homes or business establishments of subscribers, at their request.
(c) Within thirty days from the effective date of the granting of a permit by ordinance, the operator shall furnish a bond to the City in the amount of twenty-five thousand dollars ($25,000) guaranteeing the faithful performance of the obligations of the operator under the terms of this section. Such bond shall be subject to these requirements:
(1) Such bond shall be executed by the operator and one or more sureties approved by the City Attorney.
(2) Either the bond, or bonds, or certified copies must be on file with the Service Director.
(3) The bond, or bonds, must provide by endorsement that it cannot be cancelled or amended by the bonding company prior to ten days notice to the Service Director.
(Ord. 140-76. Passed 12-13-76.)