G-1015 - 11/26/2013 - VILLAGE CODE - Ordinances Supporting Documents (2) ITEM 6.F.4)
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AGENDA ITEM
Regular Board of Trustees Meeting
of
November 26, 2013
SUBJECT: Code Amendment—Utility Permit Fee Exception
FROM: Mike Hullihan, Director of Public Works
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board approve this code
amendment.
Background/History: The code section describing the details on when utility companies shall
pay fees needed to be expanded and clarified. The attached amendment to 1-14-2.0
accomplishes that. Certain utilities have been entitled to a waiver of permit fees for work on
Village rights of way(ROW) due to provisions of franchise agreements with the Village. These
utilities include Corned,Nicor, and Comcast. With the proliferation of alternate information
technology providers a number of other utilities are seeking access to Village ROW. These
include fiber optic and high capacity wire information services. Some misunderstandings have
occurred when these alternate information providers have assumed that permit fees did not apply
to them. This code modification makes it clear both who is exempt from permit fees, where the
permit fee waiver is effective (i.e. public ways and easements), and under what authority (i.e.
franchise agreements).
Recommendation: That this code amendment be approved.
1-14-2: WAIVER OF FEES:
Notwithstanding any other provision in this code, the fees established within this chapter, and plan
review and inspection fees as required in this or other sections of this code, shall be waived and not
required, except for outside consulting charges, for:
A. Any municipal corporation;
B. Any homeowners' association organized as a not for profit corporation;
C. Any public utility, for work in public ways or easements, whose franchise agreement states that
it shall not pay said fees; and
D. Any telecommunications retailer that is currently paying a telecommunications infrastructure
maintenance fee to the village.
Any charitable organization, as defined in an act to regulate solicitation and collection of funds
for charitable purposes, may request a waiver of fees established within this chapter, and plan
review and inspection fees as required in this or other sections of this code, except for outside
consulting charges. Upon such requests, the corporate authorities of the village of Oak Brook
may, in their discretion, waive any such fees or charges by motion. (Ord. G-706, 11-26-2002;
Ord. G-770, 12-14-2004)
ORDINANCE 2013-PW-UTLY-FEE-G-1015
AN ORDINANCE AMENDING SECTION 1-14-2 OF TITLE 1
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS
RELATIVE TO WAIVERS OF PUBLIC UTILITY FEES
WHEREAS, in order to maintain consistency in the Village Code relating to waivers of fees, the
Village Engineer has recommended an amendment to Chapter 14 (Fees) of Title 1 (Administration) of the
Village Code of the Village of Oak Brook("Village Code'j; and
WHEREAS, the Engineer also recommends amending Section 1-14-2 of the Village Code to
further clarify when public utility companies are required to pay permit fees for work performed in public
rights of way and on public easements; and
WHEREAS, the Village President and Board of Trustees have determined that it is in the best
interest of the Village and its residents to amend the provisions related to the waiver of permit fees for
public utilities as set forth in this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Amendment to Title 1, Chapter 14, Section 2 of the Village Code. Section 2,
entitled "Waiver of Fees," of Chapter 14, entitled "Fees," of Title 1, entitled "Administration," of the Village
Code shall be amended further, and shall read as follows:
1-14-2: WAIVER OF FEES:
Notwithstanding any other provision in this code, the fees established within this chapter,
and plan review and inspection fees as required in this or other sections of this code,
shall be waived and not required, except for outside consulting charges, for:
A. Any municipal corporation;
B. Any homeowners' association organized as a not for profit corporation;
C. Any public utility performing work in public ways or on public easements, whose
franchise agreement states that it shall not pay said fees for performing work in the
public ways or on public easements; and
D. Any telecommunications retailer that is currently paying a telecommunications
infrastructure maintenance fee to the village.
Any charitable organization, as defined in an act to regulate solicitation and collection
of funds for charitable purposes, may request a waiver of fees established within this
chapter, and plan review and inspection fees as required in this or other sections of
this code, except for outside consulting charges. Upon such requests, the corporate
authorities of the village of Oak Brook may, in their discretion, waive any such fees or
charges by motion.
Ordinance 2013-PW-UTLY-FEE-G-1015
Amending Section 1-14-2 Waivers of Public Utility Fees
Page 2 of 2
Section 3: Severability. If any provision of this Ordinance or part thereof is held
invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full
force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the
purpose and intent of this Ordinance to the greatest extent permitted by applicable law.
Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
APPROVED THIS 26th day of November, 2013
Gopal G. Lalmalani
Village President
PASSED THIS 26th day of November, 2013
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk