A. Purpose: Unless otherwise provided by franchise, license, or similar agreement, 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 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 not relieve the utility of its obligations to insure and indemnify the village, or to be liable to the village for damages. The security fund shall serve as security for:
1. The faithful performance by the permittee of all the requirements of this chapter; and
2. Any expenditure, damage or loss incurred by the village occasioned by the permittee's failure to comply with any codes, rules, regulations, orders, permits, and other directives of the village issued pursuant to this chapter; and
3. The payment by permittee of all liens and all damages, claims, costs, or expenses that the village may pay or incur by reason of any action or nonperformance by permittee in violation of this chapter including, without limitation, any damage to public property or restoration work the permittee is required by this chapter to perform that the village 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 village from the permittee pursuant to this chapter or any other applicable law.
B. Form: The permittee shall provide the security fund to the village in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the village, or an unconditional letter of credit in a form acceptable to the village. Any surety bond or letter of credit provided pursuant to this subsection shall, at a minimum:
1. Provide that it will not be canceled without prior notice to the village and the permittee;
2. Not require the consent of the permittee prior to the collection by the village of any amounts covered by it; and
3. Shall provide a location within the state of Illinois 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 prior to the construction under the permit, as determined by the director of public works, and may also include reasonable, directly related costs that the village estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit is to be performed in phases and/or in multiple locations in the village, 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 prior to substantial completion of restoration in the previous phase or phases, the director of public works may 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 subsection for any single phase.
D. Withdrawals: The village, upon fourteen days' advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this subsection, may withdraw an amount from the security fund, provided that the permittee has not reimbursed the village for such amount within the fourteen 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 pay or reimburse the village for any damages, claims, costs or expenses which the village has been compelled to pay or incur by reason of any action, inaction or nonperformance by the permittee; or
4. Fails to comply with any provision of this chapter that the village determines can be remedied by an expenditure of an amount in the security fund.
E. Replenishment: Within fourteen days after receipt of written notice from the village that any amount has been withdrawn from the security fund, the permittee shall restore the security fund to the amount specified pursuant to subsection C of this section.
F. Interest: The permittee shall be entitled to any interest which may be generated by its security fund, less estimated costs of administration, and may request that net interest accrued on the amount in the security fund be returned to it by the village, provided that any such withdrawal does not reduce the security fund below the minimum balance stipulated pursuant to subsection C of this section. The village shall not be required to deposit the security fund in an interest-bearing account paying prevailing rates.
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 an account is taken for all offsets necessary to compensate the village. 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 village to the extent necessary to cover any reasonable costs, loss or damage incurred by the village provided that amounts in excess of said costs, loss or damage, if any, shall be refunded to the permittee.
H. Rights Not Limited: The rights reserved to the village with respect to the security fund are in addition to all other rights of the village, 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 village may have. The withdrawal of funds by the village shall be credited to the permittee with respect to any claim which the village may have, but shall not operate as a waiver, estoppel or satisfaction, or otherwise prevent the village from recovering additional funds or seeking other legal relief to which it may be entitled. (Ord. 2898, 11-13-2000)