§ 13.16.010. Required.

A.

No permit required by this title shall be issued by the city for any work within the right-of-way of any public street or alley, including but not limited to street and alley cuts and excavations, or the installation, construction, alteration, repair or removal of paving, sidewalks, curbs, gutters or driveways, unless the permittee has filed with the city clerk of the city at the office of the city clerk, 2 Civic Center Plaza, Second Floor, El Paso, Texas, a certificate of liability insurance accompanied by a copy of the policy of insurance as hereinafter set forth. If such policy shall not be kept in full force and effect, the permit shall thereupon automatically become void.

B.

Such policy shall be issued by an insurance company duly authorized to do business in the state of Texas and shall be subject to approval of the city after review by the city attorney as to form and the city engineer as to sufficiency. Such policy shall provide in substance that the insurer will defend against all claims and lawsuits which arise and to pay any final judgment of a court of competent jurisdiction against the city, the permittee, or the agents, servants, officers or employees of either, for damages or injuries resulting from the performance of work by the permittee, his agents, servants or employees while performing the work on the right-of-way of any public street or alley in the city. The maximum amount recoverable under such policy shall be not less than two hundred fifty thousand dollars for death of or injury to any person in any one accident, five hundred thousand dollars for death of or injury to two or more persons in any one accident, and one hundred thousand dollars for property damage. The policy of insurance shall name the permittee and the city as insureds to the full amount of the policy limits. Such policy shall inure to the benefit of any person in whose favor such judgment may be rendered, but may contain a provision that suit against the insurer may not be brought until the permittee has failed to pay the final judgment of a court of competent jurisdiction against him.

C.

The policy shall contain a provision that it may not be canceled, revoked or annulled by the insurer without giving ten days' prior written notice thereof to the city clerk. The permittee shall not surrender or release such policy without filing in lieu thereof another policy complying with the requirements of this section, or surrendering his permit.

D.

If the city, after review of such insurance policy by the city attorney, shall determine that the policy has become impaired so as to fail to afford the protection to the public contemplated by this section, he shall require new or additional insurance by giving written notice to the permittee, who shall within five days after receiving such notice, provide such new or additional insurance.

E.

All releases executed by or on behalf of persons suffering damage because of work done in a street or alley by the permittee shall be filed with the city clerk by the person in whose favor such release is executed within ten days of such execution.

F.

Neither the city nor any officer or employee thereof shall be liable for the financial responsibility of any insurer, or in any manner become liable for any claim, or act, or omission, relating to the work done under any such permit or the insurance thereon.

(Ord. 13152 § 122, 1997; Ord. 12792 § 1, 1996; Ord. 8580, 1986; Ord. 8579, 1986; prior code § 19-10.1(a))

(Ord. No. 17391, § 10, 8-24-2010, eff. 9-1-2010)