§ 54-78. Annual registration required.

Every utility that owns or controls a facility in a right-of-way shall register on January 1 of each year with the Engineer by providing the Village Clerk's office with the utility's name, address and regular business telephone and telecopy numbers, 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 for each such person, and evidence of insurance as required in Section 54-83, in the form of a certificate of insurance.

All utilities required to register under this Section shall provide adequate security ("Annual Registration Security") to guarantee the utility satisfies its maintenance and emergency repair responsibilities under this Division. The utility may elect to provide the Annual Registration Security in cash, a surety bond in a form acceptable to the Village, or an unconditional letter of credit in a form acceptable to the Village. The Village shall determine the dollar amount for the Annual Registration Security. Any surety bond or letter of credit provided pursuant to this Section shall, at a minimum provide:

(1)

The Village shall receive written notice prior to cancellation of the bond or letter of credit;

(2)

The Village shall be able to collect any amount covered by the bond or letter of credit without receiving the utility's consent; and

(3)

The Village shall receive payment at a location convenient to the Village.

Notwithstanding anything herein to the contrary, public utilities are exempt from the annual registration security requirement.

(Ord. No. 1572, § 3(i), 8-14-2008; Ord. No. 1598, § 2(b), 4-9-2009)

Editor's note

Ord. No. 1572, § 3(i), adopted Aug. 14, 2008, deleted the former § 54-78, and enacted a new § 54-78 as set out herein. The former § 54-78 pertained to similar subject matter. See the Code Comparative Table for complete derivation.