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Editor's note – Coun. J. 1-14-97, p. 37762, § 13, renumbered § 10-20-030 as § 10-20-155.
Editor's note – Coun. J. 1-14-97, p. 37762, § 15, renumbered § 10-20-050 as § 10-20-160.
(a) No person shall make an opening in, or construct or repair any pavement in, any public way or other public place pursuant to this chapter unless that person holds a public way work license as required by this article. The public way work permit required by this article to make an opening in, or construct or repair any pavement in, any public way or other public place shall only be issued to a person holding such a license. Before the department of transportation issues any such permit, the department of transportation shall first require proof that the permit applicant holds such a license. Such a license shall be effective for one calendar year, and the fee for such a license shall be $125.00. Such a license may be issued at any time during a calendar year, but shall be effective only for the calendar year in which it is issued. The commissioner of transportation is hereby authorized to issue such a license and is authorized to promulgate regulations relating to such a license, including but not limited to terms and conditions for the issuance, maintenance and renewal of the license, the scope of work that may be performed under the license, and terms and conditions applicable to the insurance and letter of credit required by this article.
(b) The public way work license specified in this section shall not be required for the placement, planting, cultivation, maintenance or removal of any tree, shrub, flower, sod or other plant material in the public way, as long as the surface disturbance requires a hole of less than six inches deep.
(c) The public way work license specified in this section shall not be required of a government agency or of any person (or such person's designee) for the operation, maintenance, improvement, installation and removal of either (i) parking meters acting pursuant to a concession agreement with the city governing the operation, improvement, installation, removal and maintenance of and the collection of fees from, certain designated parking meters, or (ii) city digital signs pursuant to a coordinated city digital sign program agreement with the city governing the operation, improvement, installation, removal and maintenance of such city digital signs.
(Added Coun. J. 1-14-97, p. 37762, § 2; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 12-4-08, p. 50506, § 13; Amend Coun. J. 12-12-12, p. 44485, § 7; Amend Coun. J. 9-14-21, p. 35804, § 2)
(a) The application for the public way work license required by this article shall be made in writing to the commissioner of transportation on a form provided for that purpose and shall require the signature of the licensed applicant. The commissioner of transportation shall be the custodian of all such applications.
(b) Every application for such a license shall contain, in addition to such other information as the commissioner of transportation may require, the name of the person desiring the license and the place of business of such applicant, as well as the names, residence (or, if not a natural person, business) addresses, social security numbers (or tax identification numbers or other government identification numbers acceptable to the commissioner of transportation), and percentages of ownership interest of all substantial owners of the applicant.
(c) Every application for such license shall provide that, as a condition for receiving the license, the applicant shall indemnify, save and keep harmless the city from any and all loss, cost, damage, expense or liability of any kind whatsoever which the city may suffer, or which the city may be put to, or which may be recovered from the city, from or on account of the issuance of such license, or from or on account of any act or thing done by virtue of the authority given in such license, or for any damage, loss or expense to any person caused by the tearing up, constructing, repairing or removing of such public way or part thereof, whether or not performed pursuant to a valid license.
(d) The willful misstatement or omission of any material information required by the license application process shall be grounds for revocation of the license for a period of up to three years.
(Added Coun. J. 1-14-97, p. 37762, § 3; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
(a) The commissioner of transportation may renew the public way work license required by this article at the beginning of a new license period upon proper application and payment of a renewal fee of $125.00. Prior to renewal, all licensees and substantial owners shall provide the commissioner of transportation with the following information: the names, addresses, government identification numbers and percentages of interest required in the initial license application by this article or, where such information already has been provided in a license application, any new information necessary to make such information current and accurate.
(b) The willful misstatement or omission of any material information required by the license renewal process shall be grounds for revocation of the license for a period of up to three years.
(Added Coun. J. 1-14-97, p. 37762, § 4; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
No public way work license shall be issued pursuant to this Article I until the applicant for such license shall first have obtained commercial general liability insurance and has presented to the commissioner of transportation proof of such insurance against any liability, loss or claim arising out of the issuance of the license, or out of work performed pursuant to the license. Such insurance shall: (1) be issued by an insurer authorized to insure in Illinois, (2) be in an amount no less than $1,000,000.00 per occurrence for bodily injury, personal injury and property damage, and (3) name the City of Chicago, its officers, employees and agents as additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the licensee's operations. The insurance policy shall provide for 30 days' written notice to the commissioner of transportation prior to any lapse, cancellation or change in coverage. The insurance shall be maintained in effect at all times during the term of the license. In lieu of the insurance requirements stated above, and apart from and separate from any insurance requirement under this section, the commissioner of transportation in his or her discretion may require, instead of such insurance, any alternative form of indemnity, protection or security that the commissioner deems necessary to accomplish the above-described purposes.
(Prior code § 33-2; Amend Coun. J. 5-4-94, p. 49718; Amend Coun. J. 1-14-97, p. 37762, § 5; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 10-28-15, p. 11951, Art. VI, § 30; Amend Coun. J. 11-16-16, p. 37901, Art. II, § 31)
Editor's note – Formerly § 10-20-020.
The public way work license required by this article shall be issued only after the prospective licensee shows proof to the commissioner of transportation of having established an irrevocable letter of credit for the benefit of the City of Chicago, in an amount and for a duration to be established in regulations promulgated by the commissioner of transportation, such letter of credit to be maintained in conjunction with the license and any renewals. A licensee shall bear the costs of establishing, maintaining and renewing such letter of credit, and shall bear any costs associated with a draw upon the letter of credit.
(Added Coun. J. 1-14-97, p. 37762, § 6; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1)
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