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§ 92.029 ACTION ON PERMIT APPLICATIONS.
   (A)   Village review of permit applications. Completed permit applications, containing all required documentation, shall be examined by the Superintendent of Public Works within a reasonable time after filing. If the application does not conform to the requirements of all applicable ordinances, codes, laws, rules and regulations, the Superintendent of Public Works shall reject such application in writing, stating the reasons therefor. If the Superintendent of Public Works is satisfied that the proposed work conforms to the requirements of this subchapter and all applicable ordinances, codes, laws, rules and regulations, the Superintendent of Public Works shall issue a permit therefor as soon as practicable. The Superintendent of Public Works may consult with the Village Engineer with respect to any application for a permit.
   (B)   Additional village review of applications of telecommunications retailers.
      (1)   Pursuant to § 4 of the Telephone Company Act, 220 ILCS 65/4, a telecommunications retailer shall notify the village that it intends to commence work governed by this subchapter for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the village not less than ten days prior to the commencement of work requiring no excavation and not less than 30 days prior to the commencement of work requiring excavation. The Superintendent of Public Works shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed.
      (2)   In the event that the Superintendent of Public Works fails to provide such specification of location to the telecommunications retailer within either of the following, the telecommunications retailer may commence work without obtaining a permit under this subchapter:
         (a)   Ten days after service of notice to the village by the telecommunications retailer in the case of work not involving excavation for new construction; or
         (b)   Twenty-five days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction.
      (3)   Upon the provision of such specification by the village, where a permit is required for work pursuant to § 92.028 of this chapter the telecommunications retailer shall submit to the village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of division (A) above.
(Prior Code, § 78.005) (Ord. 98-060, passed 11-16-1998)
§ 92.030 EFFECT OF PERMIT.
   (A)   Authority granted; no property right or other interest created. A permit from the village authorizes a permittee to undertake only certain activities in accordance with this subchapter on village rights-of-way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the public rights-of-way.
   (B)   Compliance with all laws required. The issuance of a permit by the village does not excuse the permittee from complying with other requirements of the village and all applicable statutes, laws, ordinances, rules and regulations.
(Prior Code, § 78.006) (Ord. 98-060, passed 11-16-1998)
§ 92.031 REVISED PERMIT DRAWINGS.
   In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the village within 90 days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this subchapter, it shall be treated as a request for variance in accordance with § 92.045 of this chapter. If the village denies the request for a variance, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor.
(Prior Code, § 78.007) (Ord. 98-060, passed 11-16-1998)
§ 92.032 INSURANCE.
   (A)   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 divisions (A)(1) and (A)(2) below:
      (1)   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:
         (a)   Five million dollars for bodily injury or death to each person;
         (b)   Five million dollars for property damage resulting from any one accident; and
         (c)   Five million dollars for all other types of liability.
      (2)   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;
      (3)   Worker’s compensation with statutory limits; and
      (4)   Employer’s liability insurance with limits of not less than $1,000,000 per employee and per accident.
   (B)   Excess or umbrella policies. The coverages required by this section 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.
   (C)   Copies required. The utility shall provide copies of any of the policies required by this section to the village within ten days following receipt of a written request therefor from the village.
   (D)   Maintenance and renewal of required coverages.
      (1)   The insurance policies required by this section 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 thirty (30) days after receipt by the Village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village Clerk of such intent to cancel or not to renew.”
      (2)   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 section.
   (E)   Self-insurance. A utility may self-insure all or a portion of the insurance coverage and limit requirements required by division (A) above. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under division (A) above of the requirements of divisions (B), (C) and (D) above. A utility that elects to self-insure shall provide to the village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under division (A) above, such as evidence that the utility is a “private self insurer” under the Workers Compensation Act.
   (F)   Effect of insurance and self-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 or self-insurance required by this section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder.
(Prior Code, § 78.008) (Ord. 98-060, passed 11-16-1998)
§ 92.033 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, judgements, damages, losses and expenses, including reasonable attorney’s 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 subchapter or by a franchise, license or similar agreement; provided, however, that, the utility’s indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgements, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this subchapter by the village, its officials, officers, employees, agents or representatives.
(Prior Code, § 78.009) (Ord. 98-060, passed 11-16-1998)
§ 92.034 SECURITY.
   (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 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 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 subchapter; and
      (3)   The payment by the permittee of all liens and all damages, claims, costs or expenses that the village may pay or incur by reason of any action or non-performance by the 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 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 subchapter 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 division (B) 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 convenient to the village 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 prior to the construction under the permit, as determined by the Superintendent 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 will be performed in phases 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 Superintendent of Public Works 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) or any single phase.
   (D)   Withdrawals. The village, upon 14-days’ advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this division (D), may withdraw an amount from the Security Fund; provided that, the permittee has not reimbursed the village 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 village for any damages, claims, costs or expenses which the village has been compelled to pay or incur by reason of any action or non-performance by the permittee; or
      (4)   Fails to comply with any provision of this subchapter that the village 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 village that any amount has been withdrawn from the Security Fund, the permittee shall restore the Security Fund to the amount specified in division (C) above.
   (F)   Interest. The permittee may request that any and all interest accrued on the amount in the Security Fund be returned to the permittee by the village, upon written request for said withdrawal to the village; provided that, any such withdrawal does not reduce the Security Fund below the minimum balance required in division (C) above.
   (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 village 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 village to the extent necessary to cover any reasonable costs, loss or damage incurred by the village as a result of said revocation; provided that, any amounts in excess of said costs, loss or damage 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 subchapter 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. Notwithstanding the foregoing, the village shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated.
(Prior Code, § 78.010) (Ord. 98-060, passed 11-16-1998)
§ 92.035 PERMIT SUSPENSION AND REVOCATION.
   (A)   Village right to revoke permit. The village may revoke or suspend a permit issued pursuant to this subchapter for one or more of the following reasons:
      (1)   Fraudulent, false, misrepresenting or materially incomplete statements in the permit application;
      (2)   Non-compliance with this subchapter;
      (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; and/or
      (4)   Permittee’s failure to construct the facilities substantially in accordance with the permit and approved plans.
   (B)   Notice of revocation or suspension. The village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this subchapter 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 village, the permittee shall have the following options:
         (a)   Immediately provide the village with evidence that no cause exists for the revocation or suspension;
         (b)   Immediately correct, to the satisfaction of the village, the deficiencies stated in the written notice, providing written proof of such correction to the village 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 village providing written proof of such removal to the village within ten days after receipt of the written notice of revocation.
      (2)   The village may, in its discretion, for good cause shown, extend the time periods provided in this division (C).
   (D)   Stop work order. In addition to the issuance of a notice of revocation or suspension, the village may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within division (A) above.
   (E)   Failure or refusal of the permittee to comply.
      (1)   If the permittee fails to comply with the provisions of division (C) above, the village or its designee may, at the option of the village:
         (a)   Correct the deficiencies;
         (b)   Upon not less than 20 days’ notice to the permittee, remove the subject facilities or equipment; or
         (c)   After not less than 30 days’ notice to the permittee of failure to cure the non-compliance, deem them abandoned and property of the village.
      (2)   The permittee shall be liable in all events to the village for all costs of removal.
(Prior Code, § 78.011) (Ord. 98-060, passed 11-16-1998)
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