A. The infrastructure maintenance fee imposed by this chapter is imposed in addition to all taxes, fees and other revenue measures imposed by the city, the State of Illinois or any other political subdivision of the state; provided, however, that no fee or other compensation in addition to the fee provided in this chapter shall be required for the use of the public way by electricity deliverers except as provided in subsections B and C. Notwithstanding the provisions of any agreement or ordinance to the contrary, the city hereby waives its right to receive, during the time the electricity infrastructure fee is imposed under this chapter, all fees, charges and other compensation from electricity deliverers for use of the public way pursuant to any franchise or similar agreement, except as provided in subsections B and C.
B. Prior to October 1, 1999, the city shall receive from any electricity deliverer, pursuant to any franchise or similar agreement, the amount of compensation payable under the agreement, less the amount of the electricity infrastructure maintenance fee imposed under this chapter for the same period.
C. Nothing in this chapter prohibits the city's reasonable exercise of its police powers over the public rights-of-way. In addition, an electricity deliverer shall be required, in accordance with its franchise agreement or similar agreement, to reimburse any special or extraordinary expenses or costs reasonably incurred by the city as a direct result of damages to its property or public rights-of-way, such as the costs of restoration of streets damaged by an electricity deliverer that does not make timely repair of the damage, or for the loss of revenue due to the inability to use public facilities as a direct result of the actions of the electricity deliverer, such as parking meters that are required to be removed because of work of an electricity deliverer.
(Added Coun. J. 6-10-98, p. 71741)