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2007-48 AMENDING CITY CODE - CHAPTER 41.1 - CONSTRUCTION STANDARDS OF FACILITIES, PUBLIC RIGHTS-OF-WAY
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2007-48 AMENDING CITY CODE - CHAPTER 41.1 - CONSTRUCTION STANDARDS OF FACILITIES, PUBLIC RIGHTS-OF-WAY
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10/19/2015 11:03:07 AM
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Resolution/Ordinance
Res Ord Num
2007-48
Res Ord Title
AMENDING CITY CODE - CHAPTER 41.1 - CONSTRUCTION STANDARDS OF FACILITIES, PUBLIC RIGHTS-OF-WAY
Approved Date
6/4/2007
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City evidence of replacement insurance policies meeting he requirements of this <br /> Section. � I' <br /> (e) Self-Insurance. A utility may self-insure all or a portio of the insurance <br /> coverage and limit requirements required by Subsection (a) of t is Section. A utility that <br /> self-insures is not required, to the extent of such self-insurance, to comply with the <br /> requirement for the naming of additional insured under Subsect' n (a), or the <br /> requirements of Subsections (b), (c) and (d) of this Section. A tility that elects ta self- <br /> insure shall provide to the City evidence sufficient to demonstra e its financial ability to <br /> -insure the insurance coverage and limit requirements requi ed under Subsection (a) <br /> self <br /> of this Section, such as evidence that the utility is a "private self insurer" under the <br /> Workers Compensation Act. <br /> (f) Effect of Insurance and Self-Insurance on Utility's Lia ility. The legal liability <br /> of the utility to the City and any person for any of the matters th t are the subject of the <br /> insurance policies or self-insurance required by this Section sh II not be limited by such <br /> insurance policies or self-insurance or by the recovery of any a ounts thereunder. <br /> 9. INDEMNIFICATION. By occupying or constructing f cilities in the right-of- <br /> way, a utility shall be deemed to agree to defend, indemnify an hold the City and its <br /> elected and appointed officials and officers, employees, agent and representatives <br /> harmless from and against any and all injuries, claims, deman s, judgments, damages, <br /> losses and expenses, including reasonable attorney's fees an costs of suit or defense, <br /> arising out of, resulting from or alleged to arise out of or result rom the negligent, <br /> careless or wrongful acts, omissions, failures to act or misconduct of the utility or its <br /> 23 <br />
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