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(A) Purpose. The permittee shall establish a security fund in a form and in an amount as set forth in this section. The security fund shall be continuously maintained according to this section at the permittee’s sole cost and expense until the completion of the work authorized under the permit. The security fund shall serve as security for:
(1) The faithful performance by the permittee of all the requirements of this chapter;
(2) Any expenditure, damage, or loss incurred by the city occasioned by the permittee’s failure to comply with any codes, rules, regulations, orders, permits and other directives of the city issued pursuant to this chapter; and
(3) The payment by permittee of all liens and all damages, claims, costs, or expenses that the city may pay or incur because of any action or nonperformance by permittee violating this chapter including, without limitation, any damage to public property or restoration work the permittee is required by this chapter to perform that the city must perform itself or have completed as a consequence solely of the permittee’s failure to perform or complete, and all other payments due the city from the permittee pursuant to this chapter or any other applicable law.
(B) Form. The permittee shall provide the security fund to the city in the form, at the permittee’s election, of cash, a surety bond in a form acceptable to the city, or an unconditional letter of credit in a form acceptable to the city. Any surety bond or letter of credit provided pursuant to this division shall, at a minimum:
(1) Provide that it will not be canceled without prior notice to the city and the permittee;
(2) Not require the consent of the permittee prior to the collection by the city of any amounts covered by it; and
(3) Shall provide a location convenient to the city and within the state at which it can be drawn.
(C) Amount. The dollar amount of the security fund shall be sufficient to provide for the reasonably estimated cost to restore the right-of-way to at least as good a condition as that existing before the construction under the permit, as determined by the Director of Public Works, and may also include reasonable, directly related costs that the city estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the city, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken before substantial completion of restoration in the previous phase or phases, the city may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the security fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this division (C) for any single phase.
(D) Withdrawals. The city, upon 14 days’ advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this division, may withdraw an amount from the security fund, if the permittee has not reimbursed the city for such amount within the 14 day notice period. Withdrawals may be made if the permittee:
(1) Fails to make any payment required to be made by the permittee hereunder;
(2) Fails to pay any liens relating to the facilities that are due and unpaid;
(3) Fails to reimburse the city for any damages, claims, costs or expenses which the city has been compelled to pay or incur because of any action or nonperformance by the permittee; or
(4) Fails to comply with any provision of this chapter that the city determines can be remedied by an expenditure of an amount in the security fund.
(E) Replenishment. Within 14 days after receipt of written notice from the city that any amount has been withdrawn from the security fund, the permittee shall restore the security fund to the amount specified in division (C) of this section.
(F) Interest. The permittee may request that all interest accrued on the amount in the security fund be returned to the permittee by the city, upon written request for said withdrawal to the city, if any such withdrawal does not reduce the security fund below the minimum balance required in division (C) of this section.
(G) Closing and return of security fund. Upon completion of the work authorized under the permit, the permittee shall be entitled to the return of the security fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the city for failure by the permittee to comply with any provisions of this chapter or other applicable law. In case of any revocation of the permit, the security fund, and all accrued interest therein, shall become the property of the city to the extent necessary to cover any reasonable costs, loss or damage incurred by the city because of said revocation, if any amounts greater than said costs, loss or damage shall be refunded to the permittee.
(H) Rights not limited. The rights reserved to the city with respect to the security fund are in addition to all other rights of the city, whether reserved by this chapter or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said security fund shall affect any other right the city may have. Notwithstanding the foregoing, the city shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
(A) City right to revoke permit. The city may revoke or suspend a permit issued pursuant to this chapter for one or more of the following reasons:
(1) Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application;
(2) Noncompliance with this chapter;
(3) Permittee’s physical presence or presence of permittee’s facilities on, over, above, along, upon, under, across, or within the public rights-of-way presents a direct or imminent threat to the public health, safety, or welfare; or
(4) Permittee’s failure to construct the facilities substantially according to the permit and approved plans.
(B) Notice of revocation or suspension. The city shall send written notice of its intent to revoke or suspend a permit issued pursuant to this chapter stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this section.
(C) Permittee alternatives upon receipt of notice of revocation or suspension.
(1) Upon receipt of a written notice of revocation or suspension from the city, the permittee shall have the following options:
(a) Immediately provide the city with evidence that no cause exists for the revocation or suspension;
(b) Immediately correct, to the satisfaction of the city, the deficiencies stated in the written notice, providing written proof of such correction to the city within five working days after receipt of the written notice of revocation; or
(c) Immediately remove the facilities located on, over, above, along, upon, under, across, or within the public rights-of-way and restore the rights-of-way to the satisfaction of the city providing written proof of such removal to the city within ten days after receipt of the written notice of revocation.
(2) The city may, in its discretion, for good cause shown, extend the time periods provided in this division.
(D) Stop work order. Besides the issuance of a notice of revocation or suspension, the city may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within division (A) of this section.
(E) Failure or refusal of the permittee to comply. If the permittee fails to comply with the provisions of division (C) of this section, the city or its designee may, at the option of the city: correct the deficiencies; upon not less than 20 days notice to the permittee, remove the subject facilities or equipment; or after not less than 30 days notice to the permittee of failure to cure the noncompliance, deem them abandoned and property of the city. The permittee shall be liable in all events to the city for all costs of removal.
(Ord. 761, passed 10-15-01)
(A) Notification of change. A utility shall notify the city no less than 30 days before the transfer of ownership of any facility in the right-of-way or change in identity of the utility. The new owner of the utility or the facility shall have all the obligations and privileges enjoyed by the former owner under the permit, if any, and all applicable laws, ordinances, rules and regulations, including this chapter, with respect to the work and facilities in the right-of-way.
(B) Amended permit. A new owner shall request that any current permit be amended to show current ownership. If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the city’s right-of-way.
(C) Insurance and bonding. All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
(A) Standards and principles. All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws, rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following IDOT publications:
(1) Standard Specifications for Road and Bridge Construction;
(2) Supplemental Specifications and Recurring Special Provisions;
(3) Highway Design Manual;
(4) Highway Standards Manual;
(5) Standard Specifications for Traffic Control Items;
(6) Illinois Manual on Uniform Traffic Control Devices (92 Ill. Adm. Code § 545);
(7) Flagger’s Handbook; and
(8) Work Site Protection Manual for Daylight Maintenance Operations.
(B) Interpretation of municipal standards and principles. If a discrepancy exists between or among differing principles and standards required by this chapter, the City Manager shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the City Manager shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
(A) Minimum requirements. The city’s minimum requirements for traffic protection are contained in IDOT’s Illinois Manual on Uniform Traffic Control Devices and this code.
(B) Warning signs, protective devices, and flaggers. The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting all applicable federal, state, and local requirements for protection of the public and the utility’s workers when performing any work on the public rights-of-way.
(C) Interference with traffic. All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic.
(D) Notice when access is blocked. At least 48 hours before beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to § 95.20, the utility shall provide such notice as is practicable under the circumstances.
(E) Compliance. The utility shall take immediate action to correct any deficiencies in traffic protection requirements brought to the utility’s attention by the city.
(Ord. 761, passed 10-15-01) Penalty, see § 95.99
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