Loading...
ORD 434 1/26/1993ORDINANCE NO. 434 GRANTING A FRANCHISE TO KBL CABLESYSTEMS OF THE SOUTHWEST, INC., d/b/a PARAGON CABLE TO CONSTRUCT AND OPERATE A CABLE TELEVISION SYSTEM, AND SETTING FORTH THE TERMS AND CONDITIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS (hereinafter "City"): SECTION 1. Short Title. This ordinance shall be known and may be cited as the City of Cibolo Paragon Cable Television System Franchise Ordinance of 1993. SECTION 2. Grantincr Clause. There is hereby granted by the City to KBL Cablesystems of the Southwest, Inc., d/b/a Paragon Cable, (hereinafter "Grantee") the non-exclusive right and privilege to erect, construct, maintain and operate in, upon, along, across, over, above and under the streets of the City, and all extensions or relocations thereof, poles, wires, cables, underground conduits, manholes and other conductors and fixtures necessary for the maintenance and operation of a cable television system and the distribution of cable television services. SECTION 3. Franchise Term. The franchise term and the rights, privilege and authority hereby granted shall take effect and be in force as of January 26, 1993. This franchise shall continue in force and effect for a term of fifteen (15) years from January 26, 1993, or until January 26, 2008. The date hereinafter referred to as the "Effective Date" of this franchise shall be fifteen (15) years. SECTION 4. Transfer of the Franchise. a. This franchise shall be held in personal trust by the Grantee. It shall not be assigned, transferred, sold or disposed of, in whole or in part, by voluntary sale, merger, consolidation, transfer of controlling ownership interest or otherwise or by force or involuntary sale, without prior consent of the City and then on only such conditions as may be prescribed to guarantee the continued performance of the Grantee. The City is hereby empowered to take legal or equitable action to set aside, annul, revoke or cancel the franchise, or the transfer of the franchise, if said transfer is not made according to the procedures established hereby. This provision shall not apply to a change in the name of the Grantee or any transfer to any entity with common ownership with Grantee or any subsidiary of Grantee. The City shall be given notice of any such change of name or transfer to any entity with common ownership with Grantee or subsidiary within thirty (30) days before the effective date of such change or transfer. To b. Nothing in this section shall prevent the Grantee from assigning, mortgaging or pledging its interest or equity in the cable television system authorized by this franchise, or any part thereof, for purposes of financing, except that in any case, the Grantee shall not assign, mortaacre or Pledae its interest or equity SECTION 5. Franchise Territory and Line Extension Policy. This franchise shall be for the present territorial limits of the City of Cibolo and for any area henceforth added thereto during the term of the franchise. Grantee agrees to extend service to all areas within the city limits which are within two (2) miles of the Grantee's existing trunk cable and which have a housing density which is or becomes thirty (30) dwelling units or more per street mile. The grantee shall extend its services to areas annexed to the City of Cibolo subsequent to the Effective Date of this ordinance within twelve months after the City finds that such areas E_ are within two (2) miles of Grantee's existing trunk cable and that housing density has reached thirty (30) dwelling units per street mile in such areas. SECTION 6. Use of Streets. a. The Grantee shall have the right to use the streets of the City for the construction, operation and maintenance of a cable television system as prescribed, regulated and limited by provisions of this franchise, and by local, state and federal law, both present and future. b. All transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be so located as to cause the minimum interference with the proper use of streets and to cause the minimum interference with the rights and reasonable convenience of property owners who adjoin the said streets. C. In sections of the City where the cables, wires and other like facilities of public utilities are placed underground, the Grantee shall place its cables, wires or other like facilities underground. d. , In case of disturbance of any street, paved area or landscaped area the Grantee shall, at its own cost and expense and in a manner approved by the City, replace and restore such street, paved area and/or landscaped area to as good condition as before the work creating the disturbance was done. If such restoration or replacement is not completed within 30 days of the date of excavation, or if the completed work is found by the City to be unsatisfactory, the City may repair or replace the inadequate work or complete the unfinished work and bill the Grantee for the cost of such work, including at least labor, materials, supervision, and overhead. e. If at any time during the period of the franchise the City shall elect to alter or change the grade of any street, or construct any other public works, where the cables or other facilities of the Grantee are located, the Grantee, upon reasonable notice by the City, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense, unless other funds are available to the Grantee at no expense to the City. f. The Grantee shall, on the request of any person holding a moving permit issued by the City or state, temporarily remove, raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising, or lowering of wires shall be paid by the person requesting the same and the Grantee g. The Grantee shall have the authority to trim trees upon and overhanging streets and easements of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee, except that at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the Grantee if Grantee has failed after two (2) weeks' notice to perform such work. City may at any time with Grantee's concurrence perform such work at Grantee's expense. h. If during the term of this franchise agreement, the City grants approval of plats for new developments, the City may advise - the developer to notify the Grantee of the timing of construction and location of trenching of rights-of-way and give Grantee reasonable opportunity to place cable in such trenches. i. If at any time during the term of the franchise, Grantee's cables, wires or other equipment or facilities should be damaged or destroyed by any instrumentality or occurrence caused by other than the gross negligence of the City or its employees, then Grantee shall promptly and at its own cost and expense and without cost to the City (except for repair of the City's equipment and facilities damaged in the same occurrence) repair and restore such cables, wires or other equipment or facilities. Nothing herein shall prevent grantee or the City from seeking recovery, reimbursement or contribution from any third party which may have caused or contributed to Grantee's or City's damages or expenses. j. Whenever possible, Grantee will bore, rather than trench, to minimize disturbance in paved areas. Grantee assumes responsibility of proving that trenching, rather than boring, is the most effective means of street construction or maintenance, due either to cost or liability. Grantor agrees that approval to trench will not be unreasonably withheld. Grantee will perform work involving disturbance of paved areas following approval from the Public Works Department, City of Cibolo. SECTION 7. Franchise Fees. a. In consideration of the grant of a franchise under this ordinance, the Grantee shall pay to the City annually up to five percent (5%) of the Grantee's gross revenues, defined as all revenues received by the Grantee from all sources derived from or attributable to the operation of the cable television system and the cable television connections authorized by this franchise, including but not limited to installation fees, subscriber fees and pay television services but excluding any taxes collected by the Grantee as required by law and wholly transmitted to a city, state, or federal government. Such payment shall be in addition to any other taxes, license fees or other fees or charges levied by the City on the Grantee, or agreed upon contractually elsewhere in this franchise or by separate agreement. The payment due to the City shall be computed and paid quarterly, based on the Grantee's fiscal year. The Grantee shall file with the City, within sixty (60) days after the close of each of the Grantee's fiscal quarters, a statement showing the gross revenues received by the Grantee during the immediately preceding quarter and the amount of the franchise fee then due. Payment of the franchise fee shall be remitted with such statement. A copy of the Grantee's income statement for the entire year, audited by an independent Certified Public Accountant, shall accomvanv the fourth-ouarter oavment for each vear. determined that the Grantee's annual payment to the City for the preceding year should be increased thereby by more than three percent (3%); otherwise, the cost shall be borne by the City. C. Acceptance of any payment by the City shall not be construed as a release or as an accord and satisfaction of any claim the City may have for further or additional sums payable as a franchise fee or for the performance of any obligation of the Grantee. SECTION 8. Liability and Indemnification �- a. The Grantee shall indemnify and hold the City harmless from any and all loss sustained by the City on account of any suit, judgment, execution, claim or demand whatsoever against the City resulting from the Grantee's construction, operation or maintenance of the cable system and/or any other actions or omissions taken or not taken by the Grantee. b. The Grantee shall carry, throughout the term of this franchise, personal and property damage liability insurance with insurance companies qualified to do business in the State of Texas. Such insurance shall show the City as an additional insured party. The amounts of such insurance to be carried for liability due to property damage shall be FIVE HUNDRED THOUSAND AND NO/100ths DOLLARS ($500,000.00) as to any one occurrence; against liability due to injury to or death of a person, TWO MILLION AND NO/100ths DOLLARS ($2,000,000.00) as to any one person and FIVE MILLION AND NO/100ths ($5,000,000.00) as to any one occurrence. A certificate or certificates of insurance shall be filed and maintained with the City during the term of the franchise. SECTION 9. Performance Evaluations. The Council shall have the right under this franchise at any time to review the performance of the Grantee and to ascertain that all provisions of the franchise are being fully and faithfully carried out. The Council may conduct formal Performance Evaluations under the Franchise of the Grantee's system and services on or about the fifth, ninth, and thirteenth anniversary of the Effective Date of the franchise, the method and format of such evaluations to be agreed upon by the City and Grantee at the time of the evaluation. SECTION 10. Revocation and Termination of the Franchise. a. The City shall have the right to revoke and terminate this franchise if in the City's sole judgment, the Grantee has (1) committed a series of violations of this franchise such as to indicate that the Grantee is unable or unwilling to comply with the franchise, and the Grantee has failed to take reasonable steps to correct or desist from the violations within a reasonable time after due written notice has been given by the City or (2) if the Grantee files in any court a petition of voluntary bankruptcy or is involuntarily adjudged bankrupt in any court of competent jurisdiction or is placed in receivership or trusteeship or (3) if the Grantee's title and interest in the cable system authorized by this franchise or in the franchise itself is taken by execution in any court of competent jurisdiction or is forfeited or subject to forfeiture before any court. b. If at any time the City has reason to believe that the Grantee SECTION 11. Customer Service Standards. a. The Grantee shall maintain an office which 'shall be open during normal business hours, have a listed telephone and be so operated that complaints and requests for repairs or equipment adjustments may be received at any time. The Grantee's office shall be the principal place for the receipt of sums due from its subscribers. The Grantee shall provide for regular billing of accounts. b. The Grantee shall furnish to each new subscriber, at the' time E- service is installed, a written statement that clearly sets forth procedures for placing trouble calls, or requesting equipment adjustments, and an annual reminder that the subscriber can call or write the City if the Grantee fails to respond to the subscriber's request for installation, service, or equipment adjustment within a reasonable period of time. C. The Grantee shall respond to requests for service on the same day if the request is received prior to 2:00 p.m. In no event shall the response time for calls received later than 2:00 p.m. exceed twenty-seven (27) hours. d. The Grantee shall interrupt system service after 7:00 a.m. and before 1:00 a.m. only with good cause and for the shortest time possible and, except in emergency situations, only after giving notice that service will be interrupted. Service may be interrupted between 1:00 a.m. and 7:00 a.m. for routine testing, maintenance and repair, without notification, any night except Friday, Saturday, or Sunday, or the night preceding a holiday. e. Whenever service to any subscriber is interrupted for any period of time in excess of forty-eight (48) hours, and such interruption is known to the Grantee (whether or not notice is given by the affected subscriber), the subscriber shall receive a rebate of one -thirtieth (1/30th) of his monthly subscription fee for each day or part thereof from the time service is interrupted until it is restored. For purposes of this section, "interruption of Service" means that no services at all are being received at the subscriber's terminal. f. The Grantee shall maintain records listing date and time of trouble and service complaints, identifying the subscriber and describing the nature of each complaint and what action was taken by the Grantee in response thereto. Such record, reflecting the operations for the immediately preceding six (6) months, shall be kept at the Grantee's office and shall be available for inspection by the City during regular business hours. SECTION 12. Technical Standards. a. Technical standards shall be maintained in compliance with Federal Communications Commission Rules and Regulations 47 C.F.R., Part 76, Subpart K, and as amended from time to time. b. The FRANCHISEE agrees to design and maintain the system to deliver a 40 db signal to noise ratio at the subscriber's outlet. SECTION 13. Parental Control of Television Programs described herein, to permit parents to exercise greater control over the television programs watched by their children. Therefore, the Grantee agrees that: (1) The Grantee shall provide a locking device to any subscriber, at the subscriber's request, which when locked by a key will prevent the television set from being tuned to any channel designated by the subscriber; provided, however, that such a device is required to be offered only to subscribers to pay television services. The Grantee shall have the right to charge an amount equal to his cost of providing said locking device. Nothing herein shall prevent the Grantee from offering a similar locking device, for a reasonable fee, to other subscribers. (2) If the Grantee offers any pay television services,. at least one television service (pay or non -pay) shall consist of television programs predominantly of a wholesome nature intended for viewing by children. SECTION 14. Books and Records. a. The Grantee's books of account and records of its business and operations under and in connection with the Ordinance and franchise shall be maintained and available at the Grantee's office in San Antonio, Texas. b. The City shall have access upon reasonable notice and at reasonable times to all Grantee's books of account and records of its business and operations to the extent reasonably necessary to enforce provisions of this ordinance. C. Any false entry in the books of account or records of the Grantee or false statement in the reports to the City as to a material fact, knowingly made by the Grantee, shall constitute a major violation of the franchise. SECTION 15. Severability. If any portion of this franchise is for any reason held invalid or unconstitutional by a court of competent jurisdiction, or is superseded or preempted by any state or federal law or regulation, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. SECTION 16. Force Majeure. When any provision or condition to be performed by the Grantee under the terms of this franchise is prevented, delayed or interrupted by lack of labor or materials caused by conditions beyond the reasonable control of Grantee, or by fire, storm, flood, war, rebellion, insurrection, sabotage, riot or strike, or by failure of carriers to transport, make delivery or furnish facilities for transportation, or as a result of some law, order, rule, regulation or necessity of governmental authority, whether local, state or federal, or as the result of the filing of a suit by, for or against the Grantee, in which the Grantee's franchise may be affected, or as a result of any cause beyond the reasonable control of the Grantee, this franchise shall remain in full force In the event federal or state cable television laws or regulations are enacted or amended during the term of this franchise, the City shall automatically have all of the rights, benefits and powers granted to municipalities therein, including specifically all powers or rights to regulate cable television rates, services and programming, as if such laws and regulations were incorporated herein. Any other matters required or allowed by such enactments or amendments shall be negotiated in good faith by City and Grantee. SECTION 18. Publicly Owned Facilities f- Grantee shall provide free cable service to all Municipally owned facilities during the term of this franchise in a mutually agreed upon timely manner. SECTION 19. Security for Service. Upon request by City, Grantee shall furnish to City an irrevocable letter of credit acceptable to City or a performance bond issued by a surety company acceptable to City guaranteeing that Grantee will faithfully fulfill and perform each and every term and condition of this franchise and that in the case of default by Grantee, the City may recover from the principal and/or the bonding company or issuer of the irrevocable letter of credit or surety bond of the City's liquidated damages for the default of Grantee. SECTION 20. Equal Treatment If at any time during the term of this franchise, Grantee enters into, modifies or renews the franchise agreement with the City of San Antonio, Texas, and such franchise agreement contains provisions relating to franchise fees, customer rates or charges, or city tax calculations or payments, and City believes such provisions to be of benefit to City, then, at the written request of City, such provisions shall be incorporated into this franchise. Furthermore, Grantee shall negotiate in good faith with the City regarding any other provisions contained in said revised franchise with San Antonio or any other franchise in Bexar County, Texas and shall include agreed upon provisions in the franchise with City. City agrees, however, that City shall not request inclusion of any provisions relating to: (1) purchase of the cable system by City; (2) expenditures related to franchise renewal or modification; or (3) public, educational or governmental access in excess of that required by law. PASSED and approved on final reading by the City Council of Cibolo this 26th day of January, 1993 by the following vote: AYES 4 NAYS 0 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO ON THIS 26TH DAY OF JANUARY, A.D., 1993. ATTEST: Mayor - Sam Bauder ACCEPTANCE OF FRANCHISE TO THE CITY OF CIBOLO: KBL Cablesystems of the Southwest, Inc., by and through the undersigned duly authorized officer, does hereby affirm the unconditional acceptance of the terms and conditions of the City of Cibolo Cable Television Franchise Ordinance of 1993 as approved on the final reading on January 26, 1993 by the City Council of f- Cibolo, Texas, granting a franchise to KBL Cablesystems of the Southwest, Inc., d/b/a/ Paragon Cable, effective January 26, 1993. ACCEPTED BY: KBL CABLESYSTEMS OF THE SOUTHWEST, INC. 't. J��- Navarra R. Williams Executive Vice President DATE: '� — Z - 4-3 STATE OF TEXAS ) ) ss: COUNTY OF BEXAR ) Before me, the undersigned authority, on this day personally appeared Navarra R. Williams, Executive Vice President, KBL Cablesystems of the Southwest, Inc., known to me to be the person whose name is subscribed to the foregoing Acceptance of the Cibolo Cable Television System Franchise Ordinance of 1993, and acknowledged to me that same was executed for the purposes and consideration therein expressed. (S E A L) Given under my hand and Seal this d1/aday of 1993. Notary Public My commission expires: � ce BOBETTE N. FRAZIER ° " Notary Public. State of Texas MY comm. ExD• 08-07.93 ACORD CERTIFICATE OF LIABILITY INSURANCE DA�'�00 5126/2005 000:00 010 PRODUCER 31156 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION MARSH INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1166 Avenue of the Americas HOLDER. THIS CERTIFICATE DOES NOT AMEND, WITEND OR New York NY 10036-2774 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. -COMPANIES AFFORDING COVERAGE COMPANY ACE American Insurance Company A INSURED 667 TIME WARNER CABLE INC. COMPANY B Indemnity Insurance of North America 1900 BLUE CREST LANE COMPANY SAN ANTONIO TX 78247 C COMPANY D National Union Fire Ins Co of Pittsburgh COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH'RESPECT TO MICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOW) MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS DATE(MWDDIYY) DATE(MMIDDIYY) GENERAL LIABILITY HDO G21712905 6/1/2005 6/1/2006 GENERAL AGGREGATE $ 6,000,000 GENERAL LIABILIT PRODUCTS-COMP/OP AGG S 3,000,000 ACLAIMS TXCWOMMERCIAL MADE M OCCUR PERSONAL B ADV INJURY $ 2,000,000 NER'S B CONTRACTOR'S PRO F EACH OCCURRENCE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: FIRE DAMAGE (Any one fire) S 1,000,000 X POLICY PROJECT LOC MED EXP (Any one person) S 10,000 AUTOMOBILE LIABILITY ISA H0793984A 6/1/2005 6/1/2006 X COMBINED SINGLE LIMIT $ 2,000,000 ANY AUTO BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Perperson) S A HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Peraccident) S PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ ^_ ANY AUTO OTHER THAN AUTO ONLY: EACHACCIDENT S AGGREGATE S EXCESS LIABILITY BE 4484734 6/1/2005 6/1/2006 EACH OCCURRENCE $ 25,000,000 DX UMBRELLA FORM AGGREGATE $ 25,000,000 OTHER THAN UMBRELLA FORM Prod. Cmpltd Ops Agg $ 25,000,000 WORKERS COMPENSATION AND _ _ Co. B IINA WLR 0_4_4181897 (_)__ --- - _ X CSTAT - OTH. --TORN-LIMITS. _._ER ___ _ — _ EMPLOYERS' LIABILITY (All States except CA 8 WI) 2,000,000 Co. A (ACE): WLR 044181903 (CA) 6/1/2005 6/1/2006 EL EACH ACCIDENT S EL DISEASE -POLICY LIMIT S 2,000,000 B THE PROPRIETOR/ X INCL SCF C44181927 (WI) PARTNERS/EXECUTIVE OFFICERS ARE: EXCL WLR 044181940 OP ) EL DISEASE -EA EMPLOYE S 2,000,000 /e. OTHER Y- DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS CITY OF CIBOLO IS INCLUDED AS ADDITIONAL INSURED UNDER GENERAL LIABILITY AIMA CERTIFICATE HOLDER - .,. CANCELLATION 138'� CITY of CIBOLO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE �P.O. BOX 826 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL OIBOLO TX 76106 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE I-Tse ( ACORD 25-S (1/95) ©ACORD,CORPORATION 1988 1900 Blue Crest lane P.O. Box 460849 San Antonio Texas 78146 Phone: (210) 352-4218 F'ax: (110) 351-4668 E-mail: jon.gary.herreraCa nvcable. com /TIME WARNER `` CABLE June 25, 2003 Mr. Charles Balcar City Administrator City of Cibolo Post Office Box 826 Cibolo, Texas 78108 Dear Mr. Balcar: Jon Gary Herrera Director ofGovernmental and Public Affairs In accordance with our franchise agreement, a certificate of insurance and a certificate of property insurance covering the period of June 1, 2003, through June 1, 2004, are enclosed. Should you have any questions, please contact me at (210) 352-4218. Sincerely, "HerreLa Jon ary ra 1 JGH:mmm Enclosures Via Certified Mail H' C �Rl'Ia°'I AT E O L 2= TINT Y SllR'AN, C DA,E, DD,YY) . 6/ 5/2003;0:00:00 PRODUCER ',- ;' " ,.' , ''8257 - THIS CERTIFICATE IS ISSUED AS,A�. MATTER OF INFORMATION'- MARSHINC... - -'ONLY AND CONFERS NO RIGHTS UPON THE'CERTIFICATE 1166 AVENUE OF THE AMERICAS :; HOLDER.'TNIS CERTIFICATE DOES NOT. AMEND;EXTEND101t NEWYORK NY 10636-2774 - ALTER THE'COVERAGE AFFORDED BYTHEsPOLICIES BELOW. >. COMPANIES AFFORDING'COVERAGE .' DoMPaeY ACE American Insurance Company 'A •, ^ ,. < -, - INSURED.667 - ,COMPANY .. - - TIME WARNER CABLE INC. 'B National Onio6 Fire Ins Co of Pittsburgh 84 N.E: LOOP 410, SUITE 200 - SAN ANTONIO TX78216 - - - -. •. COMPANY'" C See Attached - COMPANY ` - p Indem ity,lnsurance o6North Arnenca 'COVERAGP§ THIS ISTO CERTIFYTHAT THE POLICIES OF,'INSURANCE LISTED BELOW HAVE BEEN TOTHE INSURED NAMED ABOVE FOR' THE POLICY PERIOD^:..,' INDICATED, NOTWITHSTANDING ANY REQUIREMENT;.TMf4ORCONDITIONOFANYCONTRACT.OROTHERD000ME_PITWTHRESPECTT(j MICHTHIS.., CERTIFICATE MAYBE ISSUED.ORMAY PERTAIN, THE 'NSURANCEAFFORDED BY.IFIE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHETERMS, EXCLUSIONS'PNDCONDRIONSOFSUCH'POWICIES.•UMITSSHONN. MAYHAVEBEFN REDUCED;BY,PAID CLAIMS. .. Co.. LTR ,TYPED F:INSURANCE• - POLICYNUMBER �iPOLICYEFFECTIVE POLICYEI(PIMTION, ;LINKS ', - - DATE(MMIDORY)' DATE(MM/OOIPQ:', ':" .., GENERAL'IUURLITY- • • -'- ,__•_.. HDO;G2169186Q' - ._�- . ., ... .�.,.GENER.A AGGRE,,,..:. v a ..- GATE, $ ,. "6,000;000 X COMMERCIAL GE NERAL LIABILIT OCP G2169146A PRODUCTS-COMP/OP.AGG $ , 3,000,000 A`.;- CLAIMSMADEOCCUR �. - 6/1/2003 6/1/2004 PERSONAI:SADVINJURY S 2,000,000 X OWNER'S:&CONTRACTOR'S'PRO '' ._ - -. - EACH OCCURRENCE ---�-..S ,',.2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: FIRE DAMAGE (Anyone rim), E; •1.000,QOQ X POLICY PROJECT• LOC - _ , _ '... - .. -."t -, ,.. MED E%P (AnY ane person):,:S, .,10,000 AUTOMOBILE LIABILITY ISA H07943664 - COMBINE�D'SINGLE LIMIT2.000,'00 -. 1) ..X: ANYAUTO,.' •" -.: •,, --- BODILY.INJURY $ ALLOWNEDAUTOS' _ " - SCHEDULED AUTOS (Pet person).. - A - - 611/2003 6/1/2004. ,' -HIRED AUTOS. BODILY -INJURY' ' $ „ - NON-OWNEOAUTOS - .. •(Peraccident) - - PROPERTY DAMAGE E GAOAGE LIABILITY "' -' - -, - ,. AUTOONLY-EAADCIDENT S' - ANY AUTO7,7 OTHER THAN AUTO, ONLY: h _ EACHACCIDENT E AGGREGATE S -- ` EXCESS LIABILITY - BE 286-62-26 - : .. - ,' /1/2004 EACH OCCURRENCE °,25,060;000 B X, UMBRELLA _. - 0 6/'IIZO03 6/ AGGREGATE ,.. ". S .;25,000,000 Prod.Cm Pltd Ops"Agg_ g / „26,000,QQQ ... .. OTHER THAN UMBRELLA"FORM. r . --'.. , ,. _'. WORKERS COMPENSATION AN O. WLR C43526972r(Deduchble -IIIA -" 'X CSTATU OTH TORY -LIMITS :ER `;- rt: a• a .,y «.. _l .. EL'EACHiACCIOENT : $ ;,:2;000;000 EMPLOYERS LIABILITY • �' - See'Company D Above) '' q THEPROPRIETOFU . _ X' � -INCL SCF C43527721 (Retro -ACE)'.. - 6/1/2003 0/1/2004 _. EL DISEASE POLICY LISAT $ j2,000,Q0Q PARTNERS/EXECUTIVE OFFICERS ARE: -,. : -'E%CL - : -. , .' EL DISEASE -EA-EMPLOYE E ;','2,000,000 OTHER A RailroadProtective 6RPrG21691422 6/1/2003 6/1/2004 - - 2,000;000/6000,000.. - C All -Risk Property C -See'attached " , 3/1/2063'. 3/1/2004. ' . Replacement Cost..'" -. DESCRIPTION Of OPERATIONSILOCATIONSIVENICLESISPECIAL ITEMS.,,' CITY OFCIBOLO ISJNCLUDEDAS ADDITIONAL INSURED UNDER GENERAL LIABILITY AIMA ft3E'T(FIC'ATE HOI DER UCANCtflilk-ndrivispowi SHOULDANY OF:TN E ABOVE DESCRIBED POLICIES BE CANCELLED'.BEFORE THE ,• CITY of cIB'GLO I :' . ,P.O. BOX. 626• - EXPIRATIONi.OATE THEREOF, THE ISSUING COMPANY WILLENDEAVOR TO MAIL u�q, - GtBOLOTX ZHIOB. - '.,, 60 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHELEP7, BUT FAILURETOMAIL SUCX'. NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY . ;_ "� =:' ;. "• ' ';,.' ,--,.., OF ANYHINOUPON THE COMPANY,'RS AGENTS:ORREPRESENTATWES ,. '.'. ,. ., •' .., AUT110RIZEDREPRESENTATNE t. y m CERTIFICATE OF PROPERTY INSURANCE DATE Continued from Page I THIS CERTIFICATE IS ISSUED AS A NIATTER OF INFORMATIOI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR COMPANY A ZURICH INSURANCE COMPANY COMPANY B MUNICH REINSURANCE COMPANY COMPANY C CNA INSURANCE COMPANY DDITIONAL CARRIERS:I COMPANY FM GLOBAL INSURANCE COMPANY D LEXINGTON INSURANCE COMPANY COVERAGES This certificate supersedes and replaces any previously Issued certificate. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO EFFECTIVE EXPIRATION LTR TYPEOFINSURANCE POLICYNUMBER DATE DATE COVERED PROPERTY LIMITS A X PROPERTY TOP9309709-00 10% 03/01/03 03/01/04 BUILDING S REPLACEMENT COST B CAUSESOF LOSS 05578601-03 03/01/03 03/01/04 PERSONAL PROPERTY S REPLACEMENT COST C BASIC RMP247910905 5% 03/01/03 03/01/04 BUSINESS INCOME S REPLACEMENT COST D BROAD 7472240 10% 03/01/03 03/01/04 EXTRA EXPENSE S REPLACEMENT COST E SPECIAL. DPI52703 10% 03/01/03 03/01/04 BLANKET BUILDING S REPLACEMENT COST F X EARTHQUAKE NU7472240 5°/u 03/01/03 03/01/04 BLANKET PERS PROP S REPLACEMENT COST G X FLOOD CLP3003048 10% 03/01/03 03/01/04 BLANKET BLDG & PP S REPLACEMENT COST H X ALL RISK PROP. DP148203 1 15% 03/01/03 03/01/04 I X BUSINESS INTERA LP434 10% 03/01/03 03/01/04 * Carrier Continued: Placement for the following made by Marsh Bermuda Effective 03/01/03 - 03/01/04 * Everest- Policy # DP232032A (10%) Effective 03/01/03 - 03/01/04 * Axis Speciality- Policy # 2100060103UP (12.5%) Effective 03/01/03 - 03/01/04 * Endurance - Policy # 000704002 (12.5%) Page 2 as attached to Certificate of Insurance