(A) Amount of permit fees and security deposit. Unless otherwise provided by statute, or by franchise, license, or similar agreement, each applicant for a permit required under this subchapter, shall pay the following permit fees and make the following security deposits:
Type of Permit | Permit Fee | Security Deposit |
Type of Permit | Permit Fee | Security Deposit |
Water Service Connection or Replacement - Up to 1" | See § 52.08 (B)(1) | $2,000 |
Water Service Connection or Replacement - More than 1", up to 4" | See § 52.08 (B)(1) | $5,000 |
Water Service Connection or Replacement - Over 4" | See § 52.08 (B)(1) | $10,000 |
All Other Disruptions of the Right-of-Way In Residential Districts: | ||
Pavement Cuts | $50 | $1,000 Per Single Family Lot or $2,500 for every 250' |
Other Than Pavement Cuts | $50 | $500 Per Single-Family Lot or $1,200 for every 250' |
In Commercial Districts: | ||
Pavement Cuts | $100 | $10,000 for every 250' |
Other Than Pavement Cuts | $50 | $5,000 for every 250' |
(B) Purpose of security deposit. The permittee shall pay the security deposit to the office of the City Treasurer through the Community Development Department in a form and in an amount as set forth in this section. The security deposit shall be continuously maintained as a security fund by the City Treasurer, in accordance with 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 subchapter;
(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 subchapter; and
(3) The payment by permittee of all liens and all damages, claims, costs, or expenses that the city may pay or incur by reason of any action or non-performance by permittee in violation of this subchapter, including, without limitation, any damage to public property or restoration work the permittee is required by this subchapter 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 subchapter or any other applicable law.
(4) The cost of correcting settlement of any restored area that occurs within one year from the date of completion of the permanent restoration, if not corrected by the permittee upon 45 days written notice from the city to either correct such settlement or submit proof satisfactory to the Engineer or Public Services Director that the settlement was not due to defective backfilling.
(C) Form of security deposit. The permittee shall provide the security deposit to the city, in the form, at the permittee's election, of cash, or a certified or cashier's check from a bank or savings institution.
(D) Withdrawals from the security fund. The city, upon 14 days advance written notice to the permittee clearly stating its intention to exercise withdrawal rights under this division and the reason therefor, may withdraw an amount from the security fund, provided that 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 by reason of any action or nonperformance by the permittee;
(4) Fails to comply with any provision of this subchapter that the city determines can be remedied by an expenditure of an amount in the security fund; or
(5) Fails to correct settlement that has occurred in any restored area within one year from the date of completion of the permanent restoration, after 45 days notice from the city to either correct such settlement or submit proof satisfactory to the Engineer or Public Services Director that the settlement was not due to defective backfilling.
(E) Replenishment of the security fund. Within 14 days after receipt of written notice, in the form of an invoice, 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 (A).
(F) 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 subchapter or other applicable law. In the event of any revocation of the permit, the security fund, and any 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 as a result of the revocation, provided that any amounts in excess of the costs, loss or damage shall be refunded to the permittee.
(G) Warranty. Upon completion of the work authorized under the permit, and in exchange for the return of all funds in the security fund, the permittee shall provide a warranty guaranteeing the continued integrity of the right-of-way in an amount equal to the original security deposit. The warranty shall be provided by a surety bond in a form acceptable to the City Attorney, or an irrevocable letter of credit in a form prepared by the City Attorney. 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) Provide a location convenient to the city and within the State of Illinois at which it can be drawn.
(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 subchapter or otherwise authorized by law, and no action, proceeding or exercise of right with respect to the 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 that may be infringed or otherwise violated.
(Ord. 07-18, passed 10-23-07; Am. Ord. 08-13, passed 8-12-08; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 95.999