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G-1015 - 11/26/2013 - PUBLIC WORKS - Ordinances Supporting Documents ITEM 6.17.4) PGA p F' OAx e9 v 0 8 G 0 v q�F 00U Nt4,��. 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. r� I ' v 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'; 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