(A) Franchises, licenses, or similar agreements. The village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within the village rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the village enter into such an agreement. In such an agreement, the village may provide for terms and conditions inconsistent with this chapter.
(1) In the event of any conflict with, or inconsistency between, the provisions of this chapter and the provisions of any franchise, license or similar agreement, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof.
(B) Annual registration required. Every utility that occupies right-of-way within the village shall register on January 1 of each year with the village, providing the utility's name, address and regular business telephone and telecopy numbers, email contact, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right-of-way and a 24-hour telephone number and email contact for each such person. Evidence of insurance as required in this chapter, in the form of a certificate of insurance shall also be required.
(C) Change of ownership or owner's identity or legal status.
(1) Notification of change. A utility shall notify the village no less than 30 days prior to 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 applicable laws, ordinances, rules, and regulations, including this chapter, with respect to the work and facilities in the right-of-way.
(2) 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 village's right-of-way.
(3) Insurance and bonding. All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer.
(D) Insurance.
(1) Required coverages and limits. Unless otherwise provided by franchise, license, or similar agreement, each utility occupying right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the village, and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in this chapter:
(a) Commercial general liability insurance, including premises-operations, explosion, collapse, and underground hazard (commonly referred to as "X", "C", and "U" coverages) and products- completed operations coverage with limits not less than:
1. One million dollars for bodily injury or death to each person;
2. One million dollars for property damage resulting from any one accident; and
3. Two million dollars for all other types of liability.
(b) Automobile liability for owned, non-owned and hired vehicles with a combined single limit of $1,000,000 for personal injury and property damage for each accident;
(c) Workers' compensation with statutory limits; and
(d) Employer's liability insurance with limits of not less than $1,000,000 per employee and per accident.
(2) Contractors/subcontractors. If the utility has retained the services of a contractor to perform work upon the utility's facilities with village public right-of-way, the contractor shall also provide insurance that is at least as broad as the as the required coverage for the utility.
(3) Excess or umbrella policies. The coverages required by this chapter may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss.
(4) Copies required. The utility and its contractors shall provide copies of any of the policies required by this chapter to the village within ten calendar days following receipt of a written request from the village. Work within village right-of-way shall be suspended until evidence of proper coverage has been provided to the village.
(5) Maintenance and renewal of required coverages. The insurance policies required by this chapter shall contain the following endorsement:
It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 45 days after receipt by the village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village Administrator of such intent to cancel or not to renew.
Within ten days after receipt by the village of said notice, and in no event later than ten days prior to said cancellation, the utility shall obtain and furnish to the village evidence of replacement insurance policies meeting the requirements of this chapter. No work shall be performed upon village right-of-way without insurance in effect.
(6) Effect of insurance on utility's liability. The legal liability of the utility to the village and any person for any of the matters that are the subject of the insurance policies required by this chapter shall not be limited by such insurance policies or by the recovery of any amounts thereunder.
(7) Insurance companies. All insurance provided pursuant to this chapter shall be affected under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the State of Illinois. All insurance carriers and surplus line carriers shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company.
(E) Indemnification. By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to defend, indemnify and hold the village and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by franchise, license, or similar agreement; provided, however, that the utility's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this chapter by the village, its officials, officers, employees, agents or representatives.
(Ord. 21-06-02, passed 6-22-2021; Ord. 22-03-04, passed 3-22-2022
Penalty, see § 156.999