1996-0739/10/96
VILLAGE OF BUFFALO GROVE
TELECOMMUNICATIONS ORDINANCE
Adopted: October 21, 1996 - Ordinance No. 96 - 3
9/10/96
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VILLAGE OF BUFFALO GROVE
TELECOMMUNICATIONS ORDINANCE
Table of Contents
Page
ARTICLE 1: GENERAL
2
Section 1.1:
Purpose .............................................. ...............................
2
Section 1.2:
Definitions ......................................... ...............................
3
Section 1.3:
Registration ....................................... ...............................
6
Section 1.4:
Telecommunications License ............ ...............................
6
Section 1.5:
Telecommunications Franchise ......... ...............................
6
Section 1.6:
Cable Television Franchise ............... ...............................
6
Section 1.7:
Application to Existing Franchise
Ordinances and Agreements .............. ...............................
7
Section1.8:
Penalties ............................................. ...............................
7
Section 1.9:
Other Remedies ................................. ...............................
7
Section 1.10:
Severability ........................................ ...............................
7
ARTICLE 2: REGISTRATION OF TELECOMMUNICATIONS 7
CARRIERS AND PROVIDERS
Section 2.1: Registration Required ........................ ............................... 7
Section 2.2: Registration Fee ................................. ............................... 8
Section 2.3: Purpose of Registration ..................... ............................... 8
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ARTICLE 3: TELECOMMUNICATIONS LICENSE 9
Section 3.1: Telecommunications License ............ ............................... 9
Section 3.2: License Application ........................... ............................... 9
Section 3.3: Determination by the Village ............ ............................... 11
Section
3.4:
Agreement ......................................... ...............................
12
Section
3.5:
Nonexclusive Grant ........................... ...............................
12
Section
3.6:
Rights Granted ................................... ...............................
12
Section 3.7: Term of Grant .................................... ............................... 13
Section 3.8: License Route .................................... ............................... 13
Section 3.9: Location of Facilities ......................... ............................... 13
Section 3.10: Construction Permits ......................... ............................... 14
Section 3.11: Compensation to Village ................... ............................... 14
Section 3.12: Service to Village Users .................... ............................... 14
Section 3.13: Amendment of Grant ......................... ............................... 15
Section 3.14: Renewal Applications ........................ ............................... 15
Section 3.15: Renewal Determinations .................... ............................... 15
Section 3.16: Obligation to Cure as a
Condition of Renewal ........................ ............................... 16
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ARTICLE 4: TELECOMMUNICATIONS FRANCHISE 16
Section 4.1: Telecommunications Franchise ......... ............................... 16
Section 4.2: Franchise Application ........................ ............................... 16
Section 4.3: Determination by the Village ............ ............................... 19
Section
4.4:
Agreement ......................................... ...............................
20
Section
4.5:
Nonexclusive Grant ........................... ...............................
20
Section 4.6: Term of Grant .................................... ............................... 20
Section 4.7: Rights Granted ................................... ............................... 20
Section
4.8:
Franchise Territory ............................ ...............................
20
Section
4.9:
Location of Facilities ......................... ...............................
20
Section 4.10: Construction Permits ......................... ............................... 21
Section 4.11: Compensation to Village ................... ............................... 22
Section 4.12: Nondiscrimination ............................. ............................... 22
Section 4.13: Service to the Village ........................ ............................... 22
Section 4.14: Amendment of Grant ......................... ............................... 22
Section 4.15: Renewal Applications ........................ ............................... 22
Section 4.16: Renewal Determinations .................... ............................... 23
Section 4.17: Obligation to Cure as a
Condition of Renewal ........................ ............................... 23
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Page
ARTICLE 5: CABLE FRANCHISE 23
ARTICLE 6: FEES AND COMPENSATION 23
Section 6.1: Purpose .............................................. ............................... 23
Section
6.2:
Application and Review Fee .............. ...............................
24
Section
6.3:
Other Village Costs ........................... ...............................
24
Section
6.4:
Reserved Compensation for Public Ways ........................
24
Section
6.5:
Compensation for Village Property ... ...............................
24
Section
6.6:
Construction Permit Fee .................... ...............................
25
Section 6.7: Annual Fee ........................................ ............................... 25
Section 6.8: Cable Fees .......................................... ............................... 25
Section 6.9: Regulatory Fees and
Compensation Not a Tax ................... ............................... 25
ARTICLE 7: CONDITIONS OF GRANT
25
Section 7.1: Location of Facilities ......................... ............................... 25
Section
7.2:
Compliance with J. U. L. I. E ................ ...............................
26
Section
7.3:
Construction Permits ......................... ...............................
26
Section 7.4: Interference with the Public Ways ..... ............................... 26
Section
7.5:
Damage to Property ........................... ...............................
27
Section
7.6:
Notice of Work .................................. ...............................
27
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Section 7.7: Repair and Emergency Work ............ ............................... 27
Section 7.8: Maintenance of Facilities......... ........... ............................... 27
Section 7.9: Relocation or Removal of Facilities .. ............................... 27
Section 7.10: Removal of Unauthorized Facilities .. ............................... 28
Section 7.11: Emergency Removal or
Relocation of Facilities ...................... ............................... 28
Section 7.12: Damage to Grantee's Facilities .......... ............................... 29
Section 7.13: Restoration of Public Ways,
Other Ways and Village Property ...... ............................... 29
Section 7.14: Facilities Maps ................................... ............................... 29
Section 7.15: Duty to Provide Information .............. ............................... 29
Section 7.16: Leased Capacity ................................. ............................... 30
Section 7.17: Grantee Insurance .............................. ............................... 30
Section 7.18: General Indemnification .................... ............................... 32
Section 7.19: Performance and Construction Surety .............................. 32
Section 7.20: Security Fund ..................................... ............................... 32
Section 7.21: Construction and Completion Bond .. ............................... 33
Section 7.22: Coordination of Construction Activities ........................... 34
Section 7.23: Assignments or Transfers of Grant .... ............................... 34
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Section 7.24: Transactions Affecting
Controlof Grant ................................. ............................... 36
Section 7.25: Revocation or Termination of Grant . ............................... 36
Section 7.26: Notice and Duty to Cure .................... ............................... 37
Section 7.27: Hearing .............................................. ............................... 37
Section 7.28: Standards for Revocation
or Lesser Sanctions ............................ ............................... 37
ARTICLE 8: CONSTRUCTION STANDARDS
38
Section 8.1: General ............................................... ............................... 38
Section 8.2: Construction Codes ............................ ............................... 38
Section 8.3: Construction Permits ......................... ............................... 38
Section 8.4: Applications ....................................... ............................... 39
Section
8.5:
Engineers Certification ..................... ...............................
Section
8.6:
Traffic Control Plan ........................... ...............................
40
Section 8.7: Issuance of Permit ............................. ............................... 40
Section 8.8: Construction Schedule ....................... ............................... 40
Section 8.9: Compliance with Permit .................... ............................... 40
Section 8.10: Display of Permit ............................... ............................... 40
Section 8.11: Survey of Underground Facilities ...... ............................... 40
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Section 8.12: Noncomplying Work ......................... ............................... 41
Section 8.13: Completion of Construction .............. ............................... 41
Section 8.14: As -Built Drawings ............................. ............................... 41
Section 8.15: Restoration of Improvements ............ ............................... 41
Section 8.16: Landscape Restoration ....................... ............................... 41
Section 8.17: Construction Surety ........................... ............................... 41
Section 8.18: Exceptions ......................................... ............................... 42
Section 8.19: Responsibility of Owner .................... ............................... 42
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Ordinance No. 96 - 73
VILLAGE OF BUFFALO GROVE
TELECOMMUNICATIONS ORDINANCE
WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the
Illinois Constitution of 1970; and
WHEREAS, the Federal Telecommunications Act of 1996 (Pub. L. No. 104 -104)
was signed into law on February 8, 1996; and
WHEREAS, pursuant to Chapter 65, Section 5/11 -8 -2. of the Illinois Compiled
Statutes, the Village of Buffalo Grove has the authority to regulate the use of its streets
and other municipal property; and
WHEREAS, it is anticipated that an increasing amount of telecommunication
carriers and providers will or have requested the use of public property; and
WHEREAS, in order to ensure reasonable access to the public property for
telecommunication carriers or providers and to protect the public health, safety and
welfare the Village needs to enact regulations and standards for such access; and
NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees
of the Village of Buffalo Grove, Cook and Lake Counties, Illinois:
Section 1: The foregoing Whereas clauses are hereby restated and incorporated
herein. This Ordinance shall be known as the Village of Buffalo Grove
Telecommunications Ordinance and in words and phrases shall be as follows:
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TELECOMMUNICATIONS
ARTICLE 1.
GENERAL
Section 1.1: Purpose: The purpose and intent of this Ordinance is to:
1.1.1: Establish a local policy concerning telecommunications providers
and services;
1.1.2: Establish clear local guidelines, standards and time frames for the
exercise of local authority with respect to the regulation of
telecommunications providers and services;
1.1.3: Promote competition in telecommunications;
1.1.4: Minimize unnecessary local regulation of telecommunications
providers and services;
1.1.5: Encourage the provision of advanced and competitive
telecommunications services on the widest possible basis to the
businesses, institutions and residents of the Village;
1.1.6: Permit and manage reasonable access to the public ways of the
Village for telecommunications purposes on a competitively
neutral basis;
1.1.7: Conserve the limited physical capacity of the public ways held in
public trust by the Village;
1.1.8: Assure that the Village's current and ongoing costs of granting
and regulating private access to and use of the public ways are
fully paid by the persons seeking such access and causing such
costs;
1.1.9: Secure fair and reasonable compensation to the Village and the
residents of the Village for permitting private use of the public
ways;
1.1.10: Assure that all telecommunications carriers providing facilities or
services within the Village comply with the ordinances, rules and
regulations of the Village;
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1.1.11: Assure that the Village can continue to fairly and responsibly
protect the public health, safety and welfare;
1.1.12: Enable the Village to discharge its public trust consistent with
rapidly evolving federal and state regulatory policies, industry
competition and technological development.
Section 1.2: Definitions: For the purpose of this Ordinance and the
interpretation and enforcement thereof, the following words and phrases shall have the
following meanings, unless the context of the sentence in which they are used shall
indicate otherwise:
1.2.1: Affiliate: A person who (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or
control with another person.
1.2.2: Cable Act: The Cable Communications Policy Act of 1984, 47
U.S.C. § 532, et seq., as now and hereafter amended.
1.2.3: Cable Operator: A telecommunications carrier providing or
offering to provide "cable service" within the Village as that term
is defined in the Cable Act.
1.2.4: Cable Service: Shall have the same meaning as defined in the
Cable Act.
1.2.5: Corporate Authorities: The President and Board of Trustees of
the Village of Buffalo Grove.
1.2.6: Excess Capacity: The volume or capacity in any existing or
future duct, conduit, manhole, handhole or other utility facility
within the public way that is or will be available for use for
additional telecommunications facilities.
1.2.7: FCC or Federal Communications Commission: The Federal
administrative agency, or lawful successor, authorized to regulate
and oversee telecommunications carriers, services and providers
on a national level.
1.2.8: Grantee: Encompasses both licensees and franchisees.
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1.2.9: ICC or Illinois Commerce Commission: The State administrative
agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services and providers in the State of
Illinois.
1.2.10: Other Ways: The highways, streets, alleys, utility easements or
other rights -of -way within the Village, but under the jurisdiction
and control of a governmental entity other than the Village.
1.2.11: Overhead Facilities: Utility poles, utility facilities and
telecommunications facilities located above the surface of the
ground, including the underground supports and foundations for
such facilities.
1.2.12: Person: Includes corporations, companies, associations, joint
stock companies or associations, firms, partnerships, limited
liability companies and individuals and includes their lessors,
trustees and receivers.
1.2.13: Public Street: Any highway, street, alley or other public right of
way for motor vehicle travel under the jurisdiction and control of
the Village which has been acquired, established, dedicated or
devoted to highway purposes not inconsistent with
telecommunications facilities.
1.2.14: Public Way: Includes all public streets and utility easements, as
those terms are defined herein, now or hereafter owned by the
Village, but only to the extent of the Village's right, title, interest
or authority to grant a license or franchise to occupy and use such
streets and easements for telecommunications facilities.
1.2.15: State: The State of Illinois.
1.2.16: Surplus Space: That portion of the usable space on a utility pole
which has the necessary clearance from other pole users, as
required by the orders and regulations of the Illinois Commerce
Commission, to allow its use by a telecommunications carrier for
a pole attachment.
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1.2.17: Telecommunications Carrier: Includes every person who directly
or indirectly owns, controls, operates or manages plant, equipment
or property within the Village, used or to be used for the purpose
of offering telecommunications service.
1.2.18: Telecommunications Facilities: The plant, equipment and
property, including but not limited to, cables, wires, conduits,
ducts, pedestals, antennae, electronics and other appurtenances
used or to be used to transmit, receive, distribute, provide or offer
telecommunications services.
1.2.19: Telecommunications Provider: Includes every person who
provides telecommunications service over telecommunications
facilities without any ownership or management control of the
facilities.
1.2.20: Telecommunications Service: The providing or offering for rent,
sale or lease, or in exchange for other value received, of the
transmittal of voice, data, image, graphic and video programming
information between or among points by wire, cable, fiber optics,
laser, microwave, radio, satellite or similar facilities, with or
without benefit of any closed transmission medium.
1.2.21: Telecommunications System: Shall have the same meaning as
"Telecommunications Facilities ", defined above.
1.2.22: Underground Facilities: Utility and telecommunications facilities
located under the surface of the ground, excluding the
underground foundations or supports for Overhead facilities.
1.2.23: Usable Space: The total distance between the top of a utility pole
and the lowest possible attachment point that provides the
minimum allowable vertical clearance as specified in the orders
and regulations of the Illinois Commerce Commission.
1.2.24: Utility Easement: Any easement owned by the Village and
acquired, established, dedicated or devoted for public utility
purposes not inconsistent with telecommunications facilities.
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1.2.25:. Utility Facilities: The plant, equipment and property, including
but not limited to the poles, pipes, mains, conduits, ducts, cables,
wires, plant and equipment located under, on or above the surface
of the ground within the public ways of the Village and used or to
be used for the purpose of providing utility or telecommunications
services.
1.2.26: Village: The Village of Buffalo Grove, Cook and Lake Counties,
Illinois.
1.2.27: Village Property: Includes all real property owned by the
Village; other than public streets and utility easements as those
terms are defined herein, and all property held in a proprietary
capacity by the Village, which are not subject to right -of -way
licensing and franchising as provided in this Ordinance.
Section 1.3: Registration: Except as otherwise provided herein, all
telecommunications carriers or providers engaged in the business of transmitting,
supplying or furnishing of telecommunications originating, terminating or existing within
the Village shall register with the Village pursuant to this Ordinance.
Section 1A Telecommunications License: Except as otherwise
provided herein, any telecommunications carriers who desire to construct, install, operate,
maintain or otherwise locate telecommunications facilities in, under, over or across any
public way of the Village for the sole purpose of providing telecommunications service to
persons and areas outside the Village shall first obtain a license granting the use of such
public ways from the Village pursuant to this Ordinance.
Section 1.5: Telecommunications Franchise: Except as otherwise
provided herein, any telecommunications carriers who desire to construct, install, operate,
maintain or otherwise locate telecommunications facilities in, under, over or across any
public way of the Village, and to also provide telecommunications service to persons or
areas in the Village, shall first obtain a franchise granting the use of such public ways
from the Village pursuant to this Ordinance.
Section 1.6: Cable Television Franchise: Except as otherwise provided
herein, any telecommunications carriers who desire to construct, install, operate, maintain
or otherwise locate telecommunications facilities in any public way of the Village for the
purpose of providing cable services to persons in the Village shall first obtain a cable
franchise from the Village.
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Section 1.7: Application to Existing Franchise Ordinances and Agreements:
This Ordinance shall have no effect on any existing franchise ordinance or franchise
agreement until:
1.7.1: The expiration of said franchise ordinance or agreement;
1.7.2: An amendment to an unexpired franchise ordinance or franchise
agreement, unless both parties agree to defer full compliance to a
specific date not later than the present expiration date.
Section 1.8: Penalties: Any person found guilty of violating, disobeying,
omitting, neglecting or refusing to comply with any of the provisions of this Ordinance
shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred
Dollars ($500.00) for each offense. A separate and distinct offense shall be deemed
committed each day on which a violation occurs or continues.
Section 1.9: Other Remedies: Nothing in this Ordinance shall be
construed as limiting any judicial remedies that the Village may have, at law or in equity,
for enforcement of this Ordinance.
Section 1.10: Severability: If in any section, subsection, sentence, clause,
phrase, or other portion of this Ordinance, or its application to any person, is, for any
reason, declared invalid, in whole or in part by any court or agency of competent
jurisdiction, said decision shall not affect the validity of the remaining portions hereof.
ARTICLE 2.
REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS
Section 2.1: Registration Required: All telecommunications carriers
having telecommunications facilities within the corporate limits of the Village and all
telecommunications carriers or providers who offer or provide telecommunications ,
service to customer premises within the Village shall register with the Village on forms
provided by the Village which shall include the following:
2.1.1: The identity and legal status of the registrant, including any affiliates.
2.1.2: The name, address and telephone number of the officer, agent or
employee responsible for the accuracy of the registration
statement.
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2.1.3: A description of registrant's existing or proposed
telecommunications facilities within the Village.
2.1.4: A description of the telecommunications service that the registrant
intends to offer or provide, or is currently offering or providing, to
persons, firms, businesses or institutions within the Village.
2.1.5: Information sufficient to determine whether the registrant is
subject to public way licensing or franchising under this
Ordinance.
2.1.6: Information sufficient to determine whether the transmission,
origination or receipt of the telecommunications services provided
or to be provided by the registrant constitutes an occupation or
privilege subject to any municipal telecommunications tax, utility
message tax or other occupation tax imposed by the Village.
2.1.7: Information sufficient to determine that the applicant has applied
for and received any certificate of authority required by the
Illinois Commerce Commission to provide telecommunications
services or facilities within the Village.
2.1.8: Information sufficient to determine that the applicant has applied
for and received any construction permit, operating license or
other approvals required by the Federal Communications
Commission to provide telecommunications services or facilities
within the Village.
2.1.9: Such other information as the Village may reasonably require.
Section 2.2: Registration Fee: Each application for registration as a
telecommunications carrier or provider shall be accompanied by a fee for Twenty -Five
Dollars ($25.00).
Section 2.3: Purpose of Registration: The purpose of registration
hereunder is to:
2.3.1: Provide the Village with accurate and current information
concerning the telecommunications carriers and providers who
offer or provide telecommunications services within the Village,
or who own or operate telecommunication facilities within the
Village;
2.3.2: Assist the Village in enforcement of this Ordinance;
2.3.3: Assist the Village in the collection and enforcement of any
municipal taxes, franchise fees, license fees or charges that may
be due the Village;
2.3.4: Assist the Village in monitoring compliance with local, State and
Federal laws.
ARTICLE 3.
TELECOMMUNICATIONS LICENSE
Section 3.1: Telecommunications License: A telecommunications
license shall be required of any telecommunications carrier who desires to occupy
specific public ways of the Village for the sole purpose of providing telecommunications
services to persons or areas outside the Village.
Section 3.2: License Application: Any person who desires a
telecommunications license hereunder shall file an application with the Village which
shall include the following information:
3.2.1: The identity of the license applicant, including all affiliates of the
applicant.
3.2.2: A description of the telecommunications services that are or will
be offered or provided by licensee over its telecommunication
facilities.
3.2.3: A description of the transmission medium that will be used by the
licensee to offer or provide such telecommunications services.
3.2.4: Preliminary engineering plans, specifications and a network map
of the facilities to be located within the Village, all in sufficient
detail to identify:
(a) the location and route requested for applicant's
proposed telecommunication facilities;
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(b) the location of all overhead and underground public
utility, telecommunication, cable, water, sewer,
drainage, pavement, curbs, sidewalks, street lights,
traffic signal equipment and other facilities in the
public way along the proposed route;
(c) the location(s), if any, for interconnection with the
telecommunications facilities of other
telecommunications carriers;
(d) the specific trees, structures, improvements, facilities
and obstructions, if any, that applicant proposes to
temporarily or permanently remove or relocate.
3.2.5: If applicant is proposing to install overhead facilities, evidence
that surplus space is available for locating its telecommunications
facilities on existing utility poles along the proposed route.
3.2.6: If applicant is proposing an underground installation in existing
ducts or conduits within the public ways, information in sufficient
detail to identify:
(a) the excess capacity currently available in such ducts or
conduits before installation of applicant's
telecommunications facilities;
(b) the excess capacity, if any, that will exist in such ducts
or conduits after installation of applicant's
telecommunications facilities.
3.2.7: If applicant is proposing an underground installation within new
ducts or conduits to be constructed within the public ways:
(a) the location proposed for the new ducts or conduits;
(b) the excess capacity that will exist in such ducts or
conduits after installation of applicant's
telecommunications facilities.
3.2.8: A preliminary construction schedule and completion date.
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3.2.9: A preliminary traffic control plan in accordance with the IDOT
Manual on Uniform Traffic Control Devices.
3.2.10: Financial statements prepared in accordance with generally
accepted accounting principles demonstrating the applicant's
financial ability to construct, operate, maintain, relocate and
remove the facilities.
3.2.11: Information in sufficient detail to establish the applicant's
technical qualifications, experience and expertise regarding the
telecommunications facilities and services described in the
application.
3.2.12: Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the
facilities and to offer or provide the telecommunications services.
3.2.13: All fees, deposits or charges required pursuant to this Ordinance.
3.2.14: Such other and further information as the Village may reasonably
require.
Section 3.3: Determination by the Village: Within 120 days, or as
extended by the Corporate Authorities, after receiving a complete application hereunder,
the Corporate Authorities shall make a determination granting or denying the application
in whole or in part. If the application is denied, the determination shall include the
reasons for denial. The following standards shall apply when determining to grant or
deny the application:
3.3.1: The financial and technical ability of the applicant.
3.3.2: The legal ability of the applicant.
3.3.3: The capacity of the public ways to accommodate the applicant's
proposed facilities.
3.3.4: The capacity of the Public Ways to accommodate additional
utility and telecommunications facilities if the license is granted.
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3.3.5: The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the license is
granted.
3.3.6: The public interest in minimizing the cost and disruption of
construction within the Public Ways.
3.3.7: The service that applicant will provide to the community and
region.
3.3.8: The effect, if any, on public health, safety and welfare if the
license is granted.
3.3.9: The availability of alternate routes and /or locations for the
proposed facilities.
3.3.10: Applicable federal and state laws, regulations and policies.
3.3.11: Such other factors as may demonstrate that the grant to use the
Public Ways will serve the community interest.
Section 3.4: Agreement: No license granted hereunder shall be effective
until the applicant and the Village have executed a written agreement setting forth the
particular terms and provisions under which the license to occupy and use Public Ways of
the Village will be granted.
Section 3.5: Nonexclusive Grant: No license granted hereunder shall
confer any exclusive right, privilege, license or franchise to occupy or use the Public
Ways of the Village for delivery of telecommunications services or any other purposes.
Section 3.6: Rights Granted:
3.6.1: No license granted hereunder shall convey any right, title or
interest in the Public Ways, but shall be deemed a license only to
use and occupy the Public Ways for the limited purposes and term
stated in the grant.
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3.6.2: No license granted hereunder shall authorize or excuse a licensee
from securing such further easements, leases licenses, permits or
other approvals as may be required to lawfully occupy and use a
Public Way, Excess Capacity in an Underground Facility or
Surplus Space in an Overhead Facility.
3.6.3: No license granted hereunder shall be construed as any warranty
of title.
Section 3.7: Term of Grant: Unless otherwise specified in a license
agreement, a telecommunications license granted hereunder shall be in effect for a term of
five (5) years.
Section 3.8: License Route: A license granted hereunder shall be limited
to a grant of specific Public Ways and defined portions thereof.
Section 3.9: Location of Facilities: Unless otherwise specified in a
license agreement, all facilities shall be constructed, installed and located in accordance
with the following terms and conditions:
3.9.1: Telecommunications Facilities shall be installed within an existing
underground duct or conduit whenever Excess Capacity exists
within such Utility Facility.
3.9.2: A licensee with written authorization to install Overhead Facilities
shall install its Telecommunications Facilities on pole attachments
to existing utility poles only, and then only if Surplus Space is
available.
3.9.3: Whenever any existing electric utilities, cable facilities or
Telecommunications Facilities are located underground within a
Public Way of the Village, a licensee with written authorization to
occupy the same Public Way must also locate its
Telecommunications Facilities underground.
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3.9.4: Whenever any new or existing electric utilities, cable facilities or
Telecommunications Facilities are located or relocated
underground within a Public Way of the Village, a licensee that
currently occupies the same Public Way shall relocate its facilities
underground within a reasonable period of time, which shall not
be later than the end of the grant term. Absent extraordinary
circumstances or undue hardship as determined by the Village
Engineer, such relocation shall be made concurrently to minimize
the disruption of the Public Ways. It is the responsibility of the
licensee to obtain written authorization from the owner of the
facility.
3.9.5: Whenever new Telecommunications Facilities will exhaust the
capacity of a Public Street or utility easement to reasonably
accommodate future telecommunications carriers or facilities, the
licensee shall provide additional ducts, conduits, manholes and
other facilities for nondiscriminatory access to future
telecommunications carriers.
Section 3.10: Construction Permits: All licensees are required to obtain
construction permits as required in Article 8 herein, provided, however, that nothing in
this Ordinance shall prohibit the Village and a licensee from agreeing to alternative plan
review, permit and construction procedures in a license agreement, provided such
alternative procedures provide substantially equivalent safeguards for responsible
construction practices.
Section 3.11: Compensation to Village: Each license granted hereunder is
subject to the Village's right, which is expressly reserved, to annually fix a fair and
reasonable compensation to be paid for the property rights granted to the licensee;
provided nothing in this Ordinance shall prohibit the Village and a licensee from agreeing
to the compensation to be paid.
Section 3.12: Service to Village Users: A licensee may be permitted to offer
or provide telecommunications services to persons or areas within the Village upon
approval of a franchise pursuant to this Ordinance.
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Section 3.13: Amendment of Grant:
3.13.1: A new license application and grant shall be required of any
telecommunications carrier that desires to extend or locate its
telecommunications facilities in Public Ways of the Village which
are not included in a license previously granted hereunder.
3.13.2: If ordered by the Village to locate or relocate its
Telecommunications Facilities in Public Ways not included in a
previously granted license, the Village shall grant a license
amendment without further application.
Section 3.14: Renewal Applications: A licensee who desires to renew its
license hereunder shall, not more than 180 days nor less than 90 days before expiration of
the current license, file an application with the Village for renewal of its license which
shall include the following information:
3.14.1: The information required pursuant to Section 3.2 hereof.
3.14.2: Any information required pursuant to the license agreement
between the Village and the licensee.
Section 3.15: Renewal Determinations: Within 90 days, or as extended by the
Corporate Authorities, after receiving a complete application under Section 3.14 hereof,
the Corporate Authorities shall make a determination granting or denying the renewal
application in whole or in part. If the renewal application is denied, the determination
shall include the reasons for non - renewal. The following standards shall apply when
determining to grant or deny the application:
3.15.1: The financial and technical ability of the applicant.
3.15.2: The legal ability of the applicant.
3.15.3: The continuing capacity of the public ways to accommodate the
applicant's existing facilities.
3.15.4: The applicant's compliance with the requirements of this
Ordinance and the license agreement.
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3.15.5: Applicable federal, state and local laws, rules and policies.
3.15.6: Such other factors as may demonstrate that the continued grant to
use the public ways will serve the community interest.
Section 3.16: Obligation to Cure As a Condition of Renewal: No license
shall be renewed until any ongoing violations or defaults in the licensee's performance of
the license agreement, or of the requirements of this Ordinance, and all applicable laws,
statutes, codes, ordinances, rules and regulations have been cured, or a plan detailing the
corrective action to be taken by the licensee has been approved by the Village.
ARTICLE 4.
TELECOMMUNICATIONS FRANCHISE
Section 4.1: Telecommunications Franchise: A telecommunications
franchise shall be required of any telecommunications carrier who desires to occupy
public ways of the Village and to provide telecommunications services to any person or
area in the Village.
Section 4.2: Franchise Application: Any person who desires a
telecommunications franchise hereunder shall file an application with the Village which
shall include the following information:
4.2.1: The identity of the franchise applicant, including all affiliates of
the applicant.
4.2.2: A description of the telecommunications services that are or will
be offered or provided by the franchise applicant over its existing
or proposed facilities.
4.2.3: A description of the transmission medium that will be used by the
franchisee to offer or provide such telecommunications services.
4.2.4: Preliminary engineering plans, specifications and a network map
of the facilities to be located within the Village, all in sufficient
detail to identify:
(a) the location and route requested for applicant's
proposed Telecommunications Facilities;
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(b) the location of all overhead and underground public
utility, telecommunication, cable, water, sewer,
drainage, pavement, curbs, sidewalks, street lights,
traffic signal equipment and other facilities in the
Public Way along the proposed route;
(c) the location(s), if any, for interconnection with the
Telecommunications Facilities of other
telecommunications carriers;
(d) the specific trees, structures, improvements, facilities
and obstructions, if any, that applicant proposes to
temporarily or permanently remove or relocate.
4.2.5: If applicant is proposing to install Overhead Facilities, evidence
that Surplus Space is available for locating its
Telecommunications Facilities on existing utility poles along the
proposed route.
4.2.6: If applicant is proposing an underground installation in existing
ducts or conduits within the Public Ways, information in sufficient
detail to identify:
(a) the Excess Capacity currently available in such ducts
or conduits before installation of applicant's
Telecommunications Facilities;
(b) the Excess Capacity, if any, that will exist in such
ducts or conduits after installation of applicant's
Telecommunications Facilities.
4.2.7: If applicant is proposing an underground installation within new
ducts or conduits to be constructed within the Public Ways:
(a) the location proposed for the new ducts or conduits;
(b) the Excess Capacity that will exist in such ducts or
conduits after installation of applicant's
Telecommunications Facilities.
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4.2.8: A preliminary construction schedule and completion dates.
4.2.9: A preliminary traffic control plan in accordance with the IDOT
Manual on Uniform Traffic Control Devices.
4.2.10: Financial statements prepared in accordance with generally
accepted accounting principles demonstrating the applicant's
financial ability to construct, operate, maintain, relocate and
remove the facilities.
4.2.11: Information in sufficient detail to establish the applicant's
technical qualifications, experience and expertise regarding the
Telecommunications Facilities and services described in the
application.
4.2.12: Information to establish that the applicant has obtained all other
approvals from applicable utility companies, governmental
approvals and permits to construct and operate the facilities and to
offer or provide the Telecommunications Services.
4.2.13: Whether the applicant intends to provide cable service, video
dialtone service or other video programming service, and
sufficient information to determine whether such service is subject
to cable franchising.
4.2.14: An accurate map showing the location of any existing
Telecommunications Facilities in the Village that applicant
intends to use or lease.
4.2.15: A description of the services or facilities that the applicant will
offer or make available to the Village and other public,
educational and governmental institutions.
4.2.16: A description of applicant's access and line extension policies.
4.2.17: The area or areas of the Village the applicant desires to serve and
a schedule for build -out to the entire franchise area.
4.2.18: All fees, deposits or charges required pursuant to this Ordinance.
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Section 4.3: Determination by the Village: Within 150 days, or as
extended by the Corporate Authorities, after receiving a complete application hereunder,
the Corporate Authorities shall make a determination granting or denying the application
in whole or in part. If the application is denied, the determination shall include the
reasons for denial. The following standards shall apply when determining to grant or
deny the application:
4.3.1: The financial and technical ability of the applicant.
4.3.2: The legal ability of the applicant.
4.3.3: The capacity of the Public Ways to accommodate the applicant's
proposed facilities.
4.3.4: The capacity of the Public Ways to accommodate additional
utility and Telecommunications Facilities if the franchise is
granted.
4.3.5: The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the franchise is
granted.
4.3.6: The public interest in minimizing the cost and disruption of
construction within the Public Ways.
4.3.7: The service that applicant will provide to the community and
region.
4.3.8: The effect, if any, on public health, safety and welfare if the
franchise requested is granted.
4.3.9: The availability of alternate routes and/or locations for the
proposed facilities.
4.3.10: Applicable federal and state laws, regulations and policies.
4.3.11: Such other factors as may demonstrate that the grant to use the
Public Ways will serve the community interest.
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Section 4.4: Agreement: No franchise shall be granted hereunder unless
the applicant and the Village have executed a written agreement setting forth the
particular terms and provisions under which the franchise to occupy and use Public Ways
of the Village will be granted.
Section 4.5: Nonexclusive Grant: No franchise granted hereunder shall
confer any exclusive right, privilege, license or franchise to occupy or use the Public
Ways of the Village for delivery of telecommunications services or any other purposes.
Section 4.6: Term of Grant: Unless otherwise specified in a franchise
agreement, a telecommunications franchise granted hereunder shall be valid for a term of
ten (10) years.
Section 4.7: Rights Granted:
4.7.1: No franchise granted hereunder shall convey any right, title or
interest in the Public Ways, but shall be deemed a franchise only
to use and occupy the Public Ways for the limited purposes and
term stated in the grant.
4.7.2: No franchise granted hereunder shall authorize or excuse a
franchisee from securing such further easements, leases,
franchises, permits or other approvals as may be required to
lawfully occupy and use a Public Way, Excess Capacity in an
Underground Facility or Surplus Space in an Overhead Facility.
4.7.3: No franchise granted hereunder shall be construed as any warranty
of title.
Section 4.8: Franchise Territory: A telecommunications franchise
granted hereunder shall be limited to the specific geographic area of the Village to be
served by the franchisee, and the specific Public Ways necessary to serve such areas.
Section 4.9: Location of Facilities: Unless otherwise specified in a
franchise agreement, all facilities shall be constructed, installed and located in accordance
with the following terms and conditions:
4.9.1: Telecommunications Facilities shall be installed within an existing
underground duct or conduit whenever Excess Capacity exists
within such utility facility.
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4.9.2: A franchisee with written authorization to install Overhead
Facilities shall install its Telecommunications Facilities on pole
attachments to existing utility poles only, and then only if Surplus
Space is available.
4.9.3: Whenever any new or existing electric utilities, cable facilities or
Telecommunications Facilities are located or relocated
underground within a Public Way of the Village, a franchisee with
written authorization to occupy the same public way must also
locate its Telecommunications Facilities underground.
4.9.4: Whenever any new or existing electric utilities, cable facilities or
Telecommunications Facilities are located or relocated
underground within a public way of the Village, a franchisee who
currently occupies the same Public Way shall relocate its facilities
underground within a reasonable period of time, which shall not
be later than the end of the grant term. Absent extraordinary
circumstances or undue hardship as determined by the Village
Engineer, such relocation shall be made concurrently to minimize
the disruption of the public ways. It is the responsibility of the
franchisee to obtain written authorization from the owner of the
facility.
4.9.5: Whenever new Telecommunications Facilities will exhaust the
capacity of a public street or utility easement to reasonably
accommodate future telecommunications carriers or facilities, the
franchisee shall provide additional ducts, conduits, manholes and
other facilities for nondiscriminatory access to future carriers.
Section 4.10: Construction Permits: All franchisees are required to obtain
construction permits as required in Article 8 herein, provided, however, that nothing in
this Ordinance shall prohibit the Village and a franchisee from agreeing to alternative
plan review, permit and construction procedures in a franchise agreement, provided such
alternative procedures provide substantially equivalent safeguards for responsible
construction practices.
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Section 4.11: Compensation to Village: Each franchise granted hereunder is
subject to the Village's right, which is expressly reserved, to annually fix a fair and
reasonable compensation to be paid for the property rights granted to the franchisee;
provided nothing in this Ordinance shall prohibit the Village and a franchisee from
agreeing to the compensation to be paid.
Section 4.12: Nondiscrimination: A franchisee shall make its
Telecommunications Services available to any customer within its franchise area who
shall request such service, without discrimination as to the terms, conditions, rates or
charges for franchisee's services, provided, however, that nothing in this Ordinance shall
prohibit a franchisee from making any reasonable classifications among differently
situated customers.
Section 4.13: Service to the Village: A franchisee shall make its
Telecommunications Services available to the Village at its most favorable rate for
similarly situated users, unless otherwise provided in a license or franchise agreement.
Section 4.14: Amendment of Grant:
4.14.1: A new franchise application and grant shall be required of any
telecommunications carrier who desires to extend its franchise
territory or to locate its Telecommunications Facilities in Public
Ways of the Village which are not included in a franchise
previously granted hereunder.
4.14.2: If ordered by the Village to locate or relocate its
Telecommunications Facilities in public ways not included in a
previously granted franchise, the Village shall grant a franchise
amendment without further application.
Section 4.15: Renewal Applications: A franchisee who desires to renew its
franchise hereunder shall, not more than 240 days nor less than 150 days before
expiration of the current franchise, file an application with the Village for renewal of its
franchise which shall include the following information:
4.15.1: The information required pursuant to Section 4.2 hereunder.
4.15.2: Any information required pursuant to the franchise agreement
between the Village and the franchisee.
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Section 4.16: Renewal Determinations: Within 150 days, or as extended by
the Corporate Authorities, after receiving a complete application hereunder, the Corporate
Authorities shall make a determination granting or denying the renewal application in
whole or in part. If the renewal application is denied, the determination shall include the
reasons for non - renewal. The following standards shall apply when determining to grant
or deny the application:
4.16.1: The financial and technical ability of the applicant.
4.16.2: The legal ability of the applicant.
4.16.3: The continuing capacity of the Public Ways to accommodate the
applicant's existing facilities.
4.16.4: The applicant's compliance with the requirements of this
Ordinance and the franchise agreement.
Section 4.17: Obligation to Cure As a Condition of Renewal: No franchise
shall be renewed until any ongoing violations or defaults in the franchisee's obligations
under the franchise agreement or of the requirements of this Ordinance, and all applicable
laws, statutes, codes, ordinances, rules and regulations have been cured, or a plan
detailing the corrective action to be taken by the grantee has been approved by the
Village.
ARTICLE 5
CABLE FRANCHISE
- RESERVED -
ARTICLE 6
FEES AND COMPENSATION
Section 6.1: Purpose: It is the purpose of this Article to provide for the
payment and recovery of all direct and indirect costs and expenses of the Village related
to the enforcement and administration of this Ordinance.
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Section 6.2: Application and Review Fee:
6.2.1: Any applicant for a license or franchise pursuant to Articles 3 or 4
of this Ordinance shall pay a fee of One Thousand Dollars
($1,000.00) or one percent (1%) of the estimated cost of
applicant's proposed Telecommunications Facilities, as certified
by the applicant's professional engineer, whichever is greater.
6.2.2: The application and review fee shall be deposited with the Village
as part of the application filed pursuant to Article 3 or Article 4 of
this Ordinance.
6.2.3: An applicant whose license or franchise application has been
withdrawn, abandoned or denied shall, within sixty (60) days of
its application and upon written request, be refunded the balance
of its deposit under this section, less:
(a) the Application and Review Fee; and
(b) All ascertainable costs and expenses incurred by the
Village in connection with the application.
Section 6.3: Other Village Costs: All licenses or franchises shall, within
thirty (30) days after written demand therefor, reimburse the Village for all direct and
indirect costs and expenses incurred by the Village in connection with any modification,
amendment, renewal or transfer of the license or franchise or any license or franchise
agreement.
Section 6.4: Reserved Compensation for Public Ways: The Village
reserves its right to annually fix a fair and reasonable compensation to be paid for the
property rights granted to a telecommunications license or franchise grantee. Nothing in
this Article shall prohibit the Village and a grantee from agreeing to the compensation to
be paid for the granted property rights.
Section 6.5: Compensation for Village Property: If the right is granted,
by lease, license, franchise or other manner, to use and occupy Village Property for the
installation of Telecommunications Facilities, the compensation to be paid shall be fixed
by the Village.
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Section 6.6: Construction Permit Fee: Prior to issuance of a
construction permit, the permittee shall pay a permit fee equal to One Thousand Dollars
($1,000.00) or one percent (1%) of the estimated cost of constructing the
Telecommunication Facilities, as certified by the applicant's engineer and approved by
the Village Engineer, whichever is greater.
Section 6.7: Annual Fee: The Village does not charge an annual license fee.
Section 6.8: Cable Fees: Cable television franchisees shall be subject to
the franchise fees, payments and costs provided in Article 5 of this Ordinance.
Section 6.9: Regulatory Fees and Compensation Not a Tax: The
regulatory fees and costs provided for in this Article, and any compensation charged and
paid for the Public Ways provided for in Section 6.4 of this Article, are separate from,
and additional to, any and all federal, state, local and Village taxes as may be levied,
imposed or due from a telecommunications carrier or provider, its customers or
subscribers, or on account of the lease, sale, delivery or transmission of
Telecommunications Services.
ARTICLE 7
CONDITIONS OF GRANT
Section 7.1: Location of Facilities: All facilities shall be constructed,
installed and located in accordance with the following terms and conditions, unless
otherwise specified in a license or franchise agreement:
7.1.1: A grantee shall install its Telecommunications Facilities within an
existing underground duct or conduit whenever excess capacity
exists within such utility facility.
7.1.2: A grantee with written authorization to install Overhead Facilities
shall install its Telecommunications Facilities on pole attachments
to existing utility poles only, and then only if Surplus Space is
available.
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7.1.3: Whenever any existing electric utilities, cable facilities or
Telecommunications Facilities are located underground within a
Public Way of the Village, a grantee with written authorization to
occupy the same Public Way must also locate its
Telecommunications Facilities underground.
7.1.4: Whenever any new or existing electric utilities, cable facilities or
Telecommunications Facilities are located or relocated
underground within a Public Way of the Village, a grantee who
currently occupies the same Public Way shall relocate its facilities
underground within a reasonable period of time, which shall not
be later than the end of the grant term. Absent extraordinary
circumstances or undue hardship as determined by the Village
Engineer, such relocation shall be made concurrently to minimize
the disruption of the Public Ways.
7.1.5: Whenever new Telecommunications Facilities will exhaust the
capacity of a public street or utility easement to reasonably
accommodate future telecommunications carriers or facilities, the
grantee shall provide additional ducts, conduits, manholes and
other facilities for nondiscriminatory access to future carriers.
Section 7.2: Compliance with J.U.L.I.E.: All license or franchise
grantees shall, before commencing any construction in the Public Ways, comply with all
regulations of J.U.L.I.E.
Section 7.3: Construction Permits: All license or franchise grantees are
required to obtain construction permits for Telecommunications Facilities as required in
Article 8 of this Ordinance. However, nothing in this Article shall prohibit the Village
and a grantee from agreeing to alternative plan review, permit and construction
procedures in a license or franchise agreement, provided such alternative procedures
provide substantially equivalent safeguards for responsible construction practices.
Section 7.4: Interference with the Public Ways: No license or franchise
grantee may locate or maintain its Telecommunications Facilities so as to unreasonably
interfere with the use of the Public Ways by the Village, by the general public or by other
persons authorized to use or be present in or upon the Public Ways. All such facilities
shall be moved by the grantee, temporarily or permanently, as determined by the Village
Engineer.
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Section 7.5: Damage to Property: No license or franchise grantee nor
any person acting on a grantee's behalf shall take any action or permit any action to be
done which may impair or damage any Village Property, Public Ways of the Village,
Other Ways or other property located in, on or adjacent thereto.
Section 7.6: Notice of Work: Unless otherwise provided in a license or
franchise agreement, no license or franchise grantee, nor any person acting on the
grantee's behalf, shall commence any non - emergency work in or about the Public Ways
of the Village or Other Ways without ten (10) working days advance notice to theVillage
Engineer.
Section 7.7: Repair and Emergency Work: In the event of an
unexpected repair or emergency, a grantee may commence such repair and emergency
response work as required under the circumstances, provided the Grantee shall notify the
Village as promptly as possible, before such repair or emergency work or as soon
thereafter as possible if advance notice is not practicable.
Section 7.8: Maintenance of Facilities: Each license or franchise
grantee shall maintain its facilities in good and safe condition and in a manner that
complies with all applicable federal, state and local requirements.
Section 7.9: Relocation or Removal of Facilities: Within thirty (30)
days following written notice from the Village, a license or franchise grantee shall, at its
own expense, temporarily or permanently remove, relocate, change or alter the position of
any Telecommunications Facilities within the Public Ways whenever the Corporate
Authorities shall have determined that such removal, relocation, change or alteration is
reasonably necessary for:
7.9.1: The construction, repair, maintenance or installation of any
Village or other public improvement in or upon the Public Ways.
7.9.2: The operations of the Village or other governmental entity in or
upon the public ways.
7.9.3: The vacation of a public street or the release of a utility easement.
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7.9.4: Abandonment of a facility within the Public Ways of the Village.
A facility will be considered abandoned when it is deactivated, out
of service, or not used for its intended and authorized purpose for
a period of ninety (90) days or longer. A facility will not be
considered abandoned if it is temporarily out of service during
performance of repairs or if the facility is being replaced.
Section 7.10: Removal of Unauthorized Facilities: Within thirty (30) days
following written notice from the Village, any grantee, telecommunications carrier, or
other person who owns, controls or maintains any unauthorized telecommunications
system, facility or related appurtenances within the Public Ways of the Village shall, at its
own expense, remove such facilities or appurtenances from the Public Ways of the
Village. If such grantee fails to remove such facilities or appurtenances the Village may
cause such removal and charge the grantee for the costs incurred. A telecommunications
system or facility is unauthorized and subject to removal in the following circumstances:
7.10.1: Upon expiration or termination of the grantee's
telecommunications license or franchise.
7.10.2: Upon abandonment of a facility within the Public Ways of the
Village.
7.10.3: If the system or facility was constructed or installed without the
prior grant of a telecommunications license or franchise.
7.10.4: If the system or facility was constructed or installed without the
prior issuance of a required construction permit.
7.10.5: If the system or facility was constructed or installed at a location
not permitted by the grantee's telecommunications license or
franchise.
Section 7.11: Emergency Removal or Relocation of Facilities: The Village
retains the right and privilege to cut or move any telecommunications facilities located
within the Public Ways of the Village, as the Village may determine to be necessary,
appropriate or useful in response to any public health or safety emergency.
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Section 7.12: Damage to Grantee's Facilities: Unless directly and
proximately caused by the wilful, intentional or malicious acts by the Village, the Village
shall not be liable for any damage to or loss of any Telecommunications Facility within
the Public Ways of the Village as a result of or in connection with any public works,
public improvements, construction, excavation, grading, filling, or work of any kind in
the Public Ways by or on behalf of the Village.
Section 7.13: Restoration of Public Ways, Other Ways and Village Property:
7.13.1: When a license or franchise grantee, or any person acting on its behalf,
does any work in or affecting any Public Ways, Other Ways or Village
Property, it shall, at its own expense, promptly remove any obstructions
therefrom and restore such ways or property to as good a condition as
existed before the work was undertaken, unless otherwise directed by the
Village.
7.13.2: If weather or other conditions do not permit the complete restoration
required hereunder, the grantee shall temporarily restore the affected ways
or property. Such temporary restoration shall be at the grantee's sole
expense and the grantee shall promptly undertake and complete the
required permanent restoration when the weather or other conditions no
longer prevent such permanent restoration.
7.13.3: A grantee or other person acting in its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as
required for the safety of all members of the general public and to
prevent injury or damage to any person, vehicle or property by
reason of such work in or affecting such ways or property.
Section 7.14: Facilities Maps: Each license or franchise grantee shall provide
the Village with an accurate map or maps certifying the location of all
Telecommunications Facilities within the public ways. Each grantee shall provide
updated maps annually.
Section 7.15: Duty to Provide Information: Within ten (10) days of a written
request from the Village Engineer, each license or franchise grantee shall furnish the
Village with information sufficient to demonstrate:
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7.15.1: That grantee has complied with all requirements of this
Ordinance.
7.15.2: That all municipal sales, message and/or telecommunications
taxes due the Village in connection with the Telecommunications
Services and Facilities provided by the grantee have been properly
collected and paid by the grantee.
7.15.3: All books, records, maps and other documents, maintained by the
grantee with respect to its facilities within the Public Ways shall
be made available for inspection by the Village at reasonable
times and intervals.
Section 7.16: Leased Capacity: A license or franchise grantee shall have the
right, without prior Village approval, to offer or provide capacity or bandwidth to its
customers; provided:
7.16.1: Grantee shall furnish the Village with a copy of any such lease or
agreement.
7.16.2: The customer or lessee has complied, to the extent applicable,
with the requirements of this Ordinance.
Section 7.17: Grantee Insurance: Unless otherwise provided in a license or
franchise agreement, each grantee shall, as a condition of the grant, secure and maintain
the following liability insurance policies insuring both the grantee and the Village, and its
elected and appointed officers, officials, agents and employees as coinsureds:
7.17.1: Comprehensive general liability insurance with limits not less than
(a) Five Million Dollars ($5,000,000) for bodily injury or
death to each person;
(b) Five Million Dollars ($5,000,000) for property dmage
resulting from any one accident; and,
(c) Five Million Dollars ($5,000,000) for all other types of
liability.
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7.17.2: Automobile liability for owned, non -owned and hired vehicles
with a limit of Three Million Dollars ($3,000,000) for each person
and Three Million Dollars ($3,000,000) for each accident.
7.17.3: Worker's compensation within statutory limits and employer's
liability insurance with limits of not less than One Million Dollars
($1,000,000).
7.17.4: Comprehensive form premises- operations, explosions and
collapse hazard, underground hazard and products completed
hazard with limits of not less than Three Million Dollars
($3,000,000).
7.17.5: The liability insurance policies required by this section shall be
maintained by the grantee throughout the term of the
telecommunications license or franchise, and such other period of
time during which the grantee is operating without a franchise or
license hereunder, or is engaged in the removal of its
Telecommunications Facilities. Each such insurance policy 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 90
days after receipt by the Village, by
registered mail, of a written notice
addressed to the Village Engineer of such
intent to cancel or not to renew."
7.17.6: Within sixty (60) days after receipt by the Village of said notice,
and in no event later than thirty (30) days prior to said
cancellation, the grantee shall obtain and furnish to the Village
replacement insurance policies meeting the requirements of this
Section.
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Section 7.18: General Indemnification: Each license or franchise agreement
shall include, to the extend permitted by law, grantee's express undertaking to defend,
indemnify and hold the Village and its officers, employees, agents and representatives
harmless from and against any and all 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 grantee or its affiliates, officers, employees, agents,
contractors or subcontractors in the construction, operation, maintenance, repair or
removal of its telecommunications facilities, and in providing or offering
telecommunications services over the facilities or network, whether such acts or
omissions are authorized, allowed or prohibited by this Ordinance or by a grant
agreement made or entered into pursuant to this Ordinance.
Section 7.19: Performance and Construction Surety: Before a license or
franchise granted pursuant to this Ordinance is effective, and as necessary thereafter, the
grantee shall provide and deposit such monies, bonds, letters of credit or other
instruments in form and substance acceptable to the Village as may be required by this
Ordinance or by an applicable license or franchise agreement.
Section 7.20: Security Fund: Each grantee shall establish a permanent
security fund with the Village by depositing the amount of $50,000 with the Village in
cash, an unconditional letter of credit, or other instrument acceptable to the Village,
which fund shall be maintained at the sole expense of grantee so long as any of grantee's
Telecommunications Facilities are located within the Public Ways of the Village.
7.20.1: The fund shall serve as security for the full and complete
performance of this Ordinance, including any costs, expenses,
damages or loss the Village pays or incurs because of any failure
attributable to the grantee to comply with the codes, ordinances,
rules, regulations or permits of the Village.
7.20.2: Before any sums are withdrawn from the security fund, the
Village shall give written notice to the grantee:
(a) describing the act, default or failure to be remedied, or
the damages, cost or expenses which the Village has
incurred by reason of grantee's act or default;
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(b) providing a reasonable opportunity for grantee to first
remedy the existing or ongoing default or failure, if
applicable;
(c) providing a reasonable opportunity for grantee to pay
any monies due the Village before the Village
withdraws the amount thereof from the security fund,
if applicable,
(d) that the grantee will be given an opportunity to review
the act, default or failure described in the notice with
the Village Engineer.
7.20.3: Grantees shall replenish the security fund within fourteen (14)
days after written notice from the Village that there is a deficiency
in the amount of the fund.
Section 7.21: Construction and Completion Bond: Unless otherwise
provided in a license or franchise agreement, a performance bond written by a corporate
surety acceptable to the Village equal to at least 100% of the estimated cost of
constructing grantee's Telecommunications Facilities within the Public Ways of the
Village shall be deposited before construction is commenced.
7.21.1: The construction bond shall remain in force until sixty (60) days
after substantial completion of the work, as determined by the
Village Engineer, including restoration of Public Ways and other
property affected by the construction.
7.21.2: The construction bond shall guarantee, to the satisfaction of the
Village:
(a) timely completion of construction;
(b) construction in compliance with applicable plans,
permits, technical codes and standards;
(c) proper location of the facilities as specified by the
Village; .
(d) restoration of the Public Ways and other property
affected by the construction;
33
(e) the submission of "as- built" drawings after completion
of the work as required by this Ordinance.
(f) timely payment and satisfaction of all claims, demands
or liens for labor, material or services provided in
connection with the work.
Section 7.22: Coordination of Construction Activities: All grantees are
required to cooperate with the Village and with each other.
7.22.1: By February 1 of each year, grantees shall provide the Village
Engineer with a schedule of their proposed construction activities
in, around or that may affect the Public Ways.
7.22.2: Each grantee shall meet with the Village, other grantees and users
of the Public Ways annually or as determined by the Village to
schedule and coordinate construction in the Public Ways.
7.22.3: All construction locations, activities and schedules shall be
coordinated, as ordered by the Village Engineer, to minimize
public inconvenience, disruption or damages.
Section 7.23: Assignments or Transfers of Grant: Ownership or control of a
telecommunications system, license or franchise may not, directly or indirectly, be
transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of
the grantee, by operation of law or otherwise, without the prior consent of the Village,
which consent shall not be unreasonably withheld or delayed, as expressed by ordinance
and then only on such reasonable conditions as may be prescribed therein.
7.23.1: No grant shall be assigned or transferred in any manner within
twelve (12) months after the initial grant of the license or
franchise, unless otherwise provided in a license or franchise
agreement.
7.23.2: Absent extraordinary and unforeseeable circumstances, no grant,
system or integral part of a system shall be assigned or transferred
before construction of the Telecommunications System has been
completed.
34
7.23.3: Grantee and the proposed assignee or transferee of the grant or
system shall provide and certify the following information to the
Village not less than one hundred and fifty (150) days prior to the
proposed date of transfer:
(a) Complete information setting forth the nature, terms
and condition of the proposed transfer or assignment;
(b) All information required of a telecommunications
license or franchise applicant pursuant to Articles 3 or
4 of this Ordinance with respect to the proposed
transferee or assignee;
(c) Any other information reasonably required by the
Village.
7.23.4: No transfer shall be approved unless the assignee or transferee has
the legal, technical, financial and other requisite qualifications to
own, hold and operate the Telecommunications System pursuant
to this Ordinance.
7.23.5: Unless otherwise provided in a license or franchise agreement, the
grantee shall reimburse the Village for all direct and indirect fees,
costs, and expenses reasonably incurred by the Village in
considering a request to transfer or assign a telecommunications
license or franchise.
7.23.6: Any transfer or assignment of a telecommunications grant, system
or integral part of a system without prior approval of the Village
under this Section or pursuant to a license or franchise agreement
shall be void and is cause for revocation of the grant.
M
•
Section 7.24: Transactions Affecting Control of Grant: Any transactions
which singularly or collectively result in a change of ten percent (10 %) or more of the
ownership or working control of the grantee, of the ownership or working control of a
telecommunications license or franchise, of the ownership or working control of affiliated
entities having ownership or working control of the grantee or of a telecommunications
system, or of control of the capacity of bandwidth of grantee's telecommunication
system, facilities or substantial parts thereof, shall be considered an assignment or transfer
requiring Village approval pursuant to Section 7.23 hereof. Transactions between
affiliated entities are not exempt from Village approval.
Section 7.25: Revocation or Termination of Grant: A license or franchise
granted by the Village to use or occupy Public Ways of the Village may be revoked for
the following reasons:
7.25.1: Construction or operation in the Village or in the public ways of
the Village without a license or franchise grant of authorization.
7.25.2: Construction or operation at an unauthorized location.
7.25.3: Unauthorized substantial transfer of control of the grantee.
7.25.4: Unauthorized assignment of a license or franchise.
7.25.5: Unauthorized sale, assignment or transfer of grantee's franchise or
license assets, or a substantial interest therein.
7.25.6: Misrepresentation or lack of candor by or on behalf of a grantee in
any application to the Village.
7.25.7: Abandonment of Telecommunications Facilities in the Public Ways.
7.25.8: Failure to relocate or remove facilities as required in this
Ordinance.
7.25.9: Failure to pay taxes, compensation, fees or costs when and as due
the Village.
7.25.10: Insolvency or bankruptcy of the grantee.
01
0 0
7.25.11: Violation of material provisions of this Ordinance.
7.25.12: Violation of the material terms of a license or franchise
agreement.
Section 7.26: Notice and Duty to Cure: In the event that the Village Manager
believes that grounds exist for revocation of a license or franchise, he shall give the
grantee written notice of the apparent violation or noncompliance, providing a short and
concise statement of the nature and general facts of the violation or noncompliance, and
providing the grantee a reasonable period of time not exceeding thirty (30) days to furnish
evidence:
7.26.1: That corrective action has been, or is being actively and
expeditiously pursued, to remedy the violation or noncompliance.
7.26.2: That rebuts the alleged violation or noncompliance.
7.26.3: That it would be in the public interest to impose some penalty or
sanction less than revocation.
Section 7.27: Hearing: In the event that a grantee fails to provide evidence
reasonably satisfactory to the Village Manager as provided in Section 7.26 hereof, the
Manager shall refer the apparent violation or noncompliance to the Corporate Authorities.
The Corporate Authorities shall provide the grantee with notice and a reasonable
opportunity to be heard concerning the matter.
Section 7.28: Standards for Revocation or Lesser Sanctions: If persuaded
that the grantee has violated or failed to comply with material provisions of this
Ordinance, or of a franchise or license agreement, the Corporate Authorities shall
determine whether to revoke the license or franchise, or to establish some lesser sanction
and cure, considering the nature, circumstances, extent and gravity of the violation as
reflected by one or more of the following factors:
7.28.1: Whether the misconduct was egregious.
7.28.2: Whether substantial harm resulted.
7.28.3: Whether the violation was intentional.
37
0 0
7.28.4: Whether there is a history of prior violations of the same or other
requirements.
7.28.5: Whether there is a history of overall compliance.
7.28.6: Whether the violation was voluntarily disclosed, admitted or cured.
ARTICLE 8
CONSTRUCTION STANDARDS
Section 8.1: General: No person shall commence or continue with the
construction, installation or operation of Telecommunications Facilities within the Village
except as provided hereunder.
Section 8.2: Construction Codes: Telecommunications Facilities shall
be constructed, installed, operated and maintained in accordance with all applicable
federal, state and local codes, rules and regulations including, but not limited to, the
National Electrical Safety Code.
Section 8.3: Construction Permits: No person shall construct or install
any Telecommunications Facilities within the Village without first obtaining a
construction permit therefore, provided, however:
8.3.1: No permit shall be issued for the construction or installation of
telecommunications facilities within the Village unless the
telecommunications carrier has filed a registration statement with
the Village pursuant to Article 2 of this Ordinance.
8.3.2: No permit shall be issued for the construction or installation of
telecommunications facilities in the public ways unless the
telecommunications carrier has applied for and received a license
or franchise pursuant to Articles 3, 4 or 5 of this Ordinance.
8.3.3: No permit shall be issued for the construction or installation of
telecommunications facilities without payment of the construction
permit fee established in Section 6.6 of this Ordinance.
38
•
Section 8.4: Applications: Applications for permits to construct
Telecommunications Facilities shall be submitted upon forms to be provided by the
Village and shall be accompanied by drawings, plans and specifications in sufficient
detail to demonstrate:
8.4.1: That the facilities will be constructed in accordance with all
applicable codes, rules and regulations.
8.4.2: The location and route of all facilities to be installed on existing
utility poles.
8.4.3: The location and route of all facilities to be located under the
surface of the ground, including the line and grade proposed for
the burial at all points along the route which are within the Public
Ways.
8.4.4: The location of all existing underground utilities, conduits, ducts,
pipes, mains and installations which are within the Public Ways
along the underground route proposed by the applicant.
8.4.5: The location of all other facilities to be constructed within the
Village, but not within the Public Ways.
8.4.6: The construction methods to be employed for protection of
existing structures, fixtures, and facilities within or adjacent to the
Public Ways.
8.4.7: The location, dimension and types of all trees within or adjacent to
the public ways along the route proposed by the applicant,
together with a landscape plan for protecting, trimming, removing,
replacing and restoring any trees or areas to be disturbed during
construction.
Section 8.5: Engineer's Certification: All permit applications shall be
accompanied by the certification of a registered professional engineer that the drawings,
plans and specifications submitted with the application comply with applicable technical
codes, rules and regulations.
39
Section 8.6: Traffic Control Plan: All permit applications which
involve work on, in under, across or along any Public Ways shall be accompanied by a
traffic control plan demonstrating the protective measures and devices that will be
employed, consistent with Uniform Manual of Traffic Control Devices, to prevent injury
or damage to persons or property and to minimize disruptions to efficient pedestrian and
vehicular traffic.
Section 8.7: Issuance of Permit: Within forty -five (45) days after
submission of all plans and documents required of the applicant and payment of the
permit fees required by this Ordinance, the Village Engineer, if satisfied that the
applications, plans and documents comply with all requirements of this Ordinance, shall
issue a permit authorizing construction of the facilities, subject to such further conditions,
restrictions or regulations affecting the time, place and manner of performing the work as
he may deem necessary or appropriate.
Section 8.8: Construction Schedule: The permittee shall submit a
written construction schedule to the Village Engineer ten (10) working days before
commencing any work in or about the Public Ways. The permittee shall further notify the
Village Engineer not less than 2 working days in advance of any excavation or work in
the Public Ways.
Section 8.9: Compliance with Permit: All construction practices and
activities shall be in accordance with the permit and approved final plans and
specifications for the facilities. The Village Engineer and his representatives shall be
provided access to the work and such further information as he or she may require to
ensure compliance with such requirements.
Section 8.10: Display of Permit: The permittee shall maintain a copy of the
construction permit and approved plans at the construction site, which shall be displayed
and made available for inspection by the Village Engineer or his representatives at all
times when construction work is occurring.
Section 8.11: Survey of Underground Facilities: If the construction permit
specifies the location of facilities by depth, line, grade, proximity to other facilities or
other standards, the permittee shall cause the location of such facilities to be verified by a
registered Illinois land surveyor. The permittee shall relocate any facilities which are not
located in compliance with permit requirements.
M
Section 8.12: Noncomplying Work: Upon order of the Village Engineer, all
work which does not comply with the permit, the approved plans and specifications for
the work, or the requirements of this Ordinance shall be removed.
Section 8.13: Completion of Construction: The permittee shall promptly
complete all construction activities so as to minimize disruption of the Public Ways and
other public and private property. All construction work authorized by a permit within
Village ways, including restoration, must be completed within 120 days of the date of
issuance.
Section 8.14: As -Built Drawings: Within sixty (60) days after completion of
construction, the permittee shall furnish the Village Engineer with two (2) complete sets
of plans, drawn to scale and certified to the Village as accurately depicting the location of
all Telecommunications Facilities constructed pursuant to the permit.
Section 8.15: Restoration of Improvements: Upon completion of any
construction work, the permittee shall promptly repair any and all public ways and
provide property improvements, fixtures, structures and facilities in the public ways or
otherwise damaged during the course of construction, restoring the same as nearly as
practicable to its condition before the start of construction.
Section 8.16: Landscape Restoration:
8.16.1: All trees, landscaping and grounds removed, damaged or
disturbed as a result of the construction, installation, maintenance,
repair or replacement of Telecommunications Facilities, whether
such work is done pursuant to a franchise, license or permit, shall
be replaced or restored as nearly as may be practicable, to the
condition existing prior to performance of work.
8.16.2: All restoration work within the Public Ways shall be done in
accordance with landscape plans approved by the Village
Engineer.
Section 8.17: Construction Surety: Prior to issuance of a construction permit,
the permittee shall provide a performance bond, as provided in Section 7.21 of this
Ordinance.
41
•
•
Section 8.18: Exceptions: Unless otherwise provided in a license or franchise
agreement, all telecommunications carriers are subject to the requirements of this Article 8.
Section 8.19: Responsibility of Owner: The owner of the facilities to be
constructed and, if different, the license or franchise grantee, is responsible for
performance of and compliance with all provisions of this Article.
Section 2: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication. This Ordinance may be published in pamphlet form.
This Ordinance shall not be codified.
AYES: 5 - Marienthal, Reid, Braiman, Hendricks, Glover
NAYES: 0 - None
ABSENT: 1 - Rubin
PASSED: October 21 , 1996
APPROVED: October 21
PUBLISHED: October 21
ATTEST:
AGE CLERK
42
, 1996
, 1996
APPROVED:
VILLAGE OF BUFFALO //GROVE
ORDINANCE NO. !O�
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROV p
THIS e�/ DAY OF
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cog Counties, I ois,
this C01915?— day of ((��YY 1. 1g .
Village Cllee k
By_ (/\
Deputy Village Clerk
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9/10/96
VILLAGE OF BUFFALO GROVE
TELECOMMUNICATIONS ORDINANCE
Adopted: October 21, 1996 -Ordinance No. 96 - 3
9/10/96
VILLAGE OF BUFFALO GROVE
TELECOMMUNICATIONS ORDINANCE
Table of Contents
Page
ARTICLE 1: GENERAL
2
Section 1.1:
Purpose .............................................. ...............................
2
Section 1.2:
Definitions ......................................... ...............................
3
Section 1.3:
Registration ....................................... ...............................
6
Section 1.4:
Telecommunications License ............ ...............................
6
Section 1.5:
Telecommunications Franchise ......... ...............................
6
Section 1.6:
Cable Television Franchise ............... ...............................
6
Section 1.7:
Application to Existing Franchise
Ordinances and Agreements .............. ...............................
7
Section 1.8:
Penalties ............................................. ...............................
7
Section 1.9:
Other Remedies ................................. ...............................
7
Section 1.10:
Severability ........................................ ...............................
7
ARTICLE 2: REGISTRATION OF TELECOMMUNICATIONS 7
CARRIERS AND PROVIDERS
Section 2.1: Registration Required ........................ ............................... 7
Section 2.2: Registration Fee ................................. ............................... 8
Section 2.3: Purpose of Registration ..................... ............................... 8
Page
ARTICLE 3: TELECOMMUNICATIONS LICENSE 9
Section
3.1:
Telecommunications License ............ ...............................
9
Section
3.2:
License Application ........................... ...............................
9
Section
3.3:
Determination by the Village ............ ...............................
11
Section 3.4: Agreement ......................................... ............................... 12
Section 3.5: Nonexclusive Grant ........................... ............................... 12
Section 3.6: Rights Granted ................................... ............................... 12
Section 3.7: Term of Grant .................................... ............................... 13
Section 3.8: License Route .................................... ............................... 13
Section 3.9: Location of Facilities ......................... ............................... 13
Section 3.10: Construction Permits ......................... ............................... 14
Section 3.11: Compensation to Village ................... ............................... 14
Section 3.12: Service to Village Users .................... ............................... 14
Section 3.13: Amendment of Grant ......................... ............................... 15
Section 3.14: Renewal Applications ........................ ............................... 15
Section 3.15: Renewal Determinations .................... ............................... 15
Section 3.16: Obligation to Cure as a
Condition of Renewal ........................ ............................... 16
ii
Page
ARTICLE 4: TELECOMMUNICATIONS FRANCHISE 16
Section 4.1: Telecommunications Franchise ......... ............................... 16
Section 4.2: Franchise Application ........................ ............................... 16
Section 4.3: Determination by the Village ............ ............................... 19
Section
4.4:
Agreement ......................................... ...............................
20
Section
4.5:
Nonexclusive Grant ........................... ...............................
20
Section 4.6: Term of Grant .................................... ............................... 20
Section 4.7: Rights Granted ................................... ............................... 20
Section
4.8:
Franchise Territory ............................ ...............................
20
Section
4.9:
Location of Facilities ......................... ...............................
20
Section 4.10: Construction Permits ......................... ............................... 21
Section 4.11: Compensation to Village ................... ............................... 22
Section 4.12: Nondiscrimination ............................. ............................... 22
Section 4.13: Service to the Village ........................ ............................... 22
Section 4.14: Amendment of Grant ......................... ............................... 22
Section 4.15: Renewal Applications ........................ ............................... 22
Section 4.16: Renewal Determinations ................................................... 23
Section 4.17: Obligation to Cure as a
Condition of Renewal ........................ ............................... 23
iii
ARTICLE 5: CABLE FRANCHISE
ARTICLE 6: FEES AND COMPENSATION
Page
23
23
Section 6.1: Purpose .............................................. ............................... 23
Section
6.2:
Application and Review Fee .............. ...............................
24
Section
6.3:
Other Village Costs ........................... ...............................
24
Section
6.4:
Reserved Compensation for Public Ways ........................
24
Section
6.5:
Compensation for Village Property ... ...............................
24
Section
6.6:
Construction Permit Fee .................... ...............................
25
Section 6.7: Annual Fee ........................................ ............................... 25
Section6.8: Cable Fees .......................................... ............................... 25
Section 6.9: Regulatory Fees and
Compensation Not a Tax ................... ............................... 25
ARTICLE 7: CONDITIONS OF GRANT
25
Section 7.1: Location of Facilities ......................... ............................... 25
Section
7.2:
Compliance with J. U. L. I. E ................ ...............................
26
Section
7.3:
Construction Permits ......................... ...............................
26
Section 7.4: Interference with the Public Ways ..... ............................... 26
Section
7.5:
Damage to Property ........................... ...............................
27
Section
7.6:
Notice of Work .................................. ...............................
27
iv
Page
Section 7.7: Repair and Emergency Work ............ ............................... 27
Section 7.8: Maintenance of Facilities ................... ............................... 27
Section 7.9: Relocation or Removal of Facilities .. ............................... 27
Section 7.10: Removal of Unauthorized Facilities .. ............................... 28
Section 7.11: Emergency Removal or
Relocation of Facilities ...................... ............................... 28
Section 7.12: Damage to Grantee's Facilities .......... ............................... 29
Section 7.13: Restoration of Public Ways,
Other Ways and Village Property ...... ............................... 29
Section 7.14: Facilities Maps ................................... ............................... 29
Section 7.15: Duty to Provide Information .............. ............................... 29
Section 7.16: Leased Capacity ................................. ............................... 30
Section 7.17: Grantee Insurance .............................. ............................... 30
Section 7.18: General Indemnification .................... ............................... 32
Section 7.19: Performance and Construction Surety .............................. 32
Section 7.20: Security Fund ..................................... ............................... 32
Section 7.21: Construction and Completion Bond .. ............................... 33
Section 7.22: Coordination of Construction Activities ........................... 34
Section 7.23: Assignments or Transfers of Grant .... ............................... 34
u
Page
Section 7.24: Transactions Affecting
Controlof Grant ................................. ............................... 36
Section 7.25: Revocation or Termination of Grant . ............................... 36
Section 7.26: Notice and Duty to Cure .................... ............................... 37
Section7.27: Hearing .............................................. ............................... 37
Section 7.28: Standards for Revocation
or Lesser Sanctions ............................ ............................... 37
ARTICLE 8:
CONSTRUCTION STANDARDS
38
Section8.1:
General ............................................... ...............................
38
Section.
8.2:
Construction Codes ............................ ...............................
38
Section
8.3:
Construction Permits ......................... ...............................
38
Section
8.4:
Applications ....................................... ...............................
39
Section
8.5:
Engineer's Certification ..................... ...............................
39
Section
8.6:
Traffic Control Plan ........................... ...............................
40
Section
8.7:
Issuance of Permit ............................. ...............................
40
Section
8.8:
Construction Schedule ....................... ...............................
40
Section
8.9:
Compliance with Permit .................... ...............................
40
Section 8.10:
Display of Permit ............................... ...............................
40
Section 8.11:
Survey of Underground Facilities ...... ...............................
40
vi
Page
Section 8.12: Noncomplying Work ......................... ............................... 41
Section 8.13: Completion of Construction .............. ............................... 41
Section 8.14: As -Built Drawings ............................. ............................... 41
Section 8.15: Restoration of Improvements ............ ............................... 41
Section 8.16: Landscape Restoration ....................... ............................... 41
Section 8.17: Construction Surety ........................... ............................... 41
Section 8.18: Exceptions ......................................... ............................... 42
Section 8.19: Responsibility of Owner .................... ............................... 42
vii
9/10/96
Ordinance No. 96 - 73
VILLAGE OF BUFFALO GROVE
TELECOMMUNICATIONS ORDINANCE
WHEREAS, the Village of Buffalo Grove is a home rule unit pursuant to the
Illinois Constitution of 1970; and
WHEREAS, the Federal Telecommunications Act of 1996 (Pub. L. No. 104 -104)
was signed into law on February 8, 1996; and
WHEREAS, pursuant to Chapter 65, Section 5/11-8-2 of the Illinois Compiled
Statutes, the Village of Buffalo Grove has the authority to regulate the use of its streets
and other municipal property; and
WHEREAS, it is anticipated that an increasing amount of telecommunication
carriers and providers will or have requested the use of public property; and
WHEREAS, in order to ensure reasonable access to the public property for
telecommunication carriers or providers and to protect the public health, safety and
welfare the Village needs to enact regulations and standards for such access; and
NOW, THEREFORE BE IT ORDAINED by the President and Board of Trustees
of the Village of Buffalo Grove, Cook and Lake Counties, Illinois:
Section 1: The foregoing Whereas clauses are hereby restated and incorporated
herein. This Ordinance shall be known as the Village of Buffalo Grove
Telecommunications Ordinance and in words and phrases shall be as follows:
TELECOMMUNICATIONS
ARTICLE 1.
GENERAL
Section 1.1: Purpose: The purpose and intent of this Ordinance is to:
1.1.1: Establish a local policy concerning telecommunications providers
and services;
1.1.2: Establish clear local guidelines, standards and time frames for the
exercise of local authority with respect to the regulation of
telecommunications providers and services;
1.1.3: Promote competition in telecommunications;
1.1.4: Minimize unnecessary local regulation of telecommunications
providers and services;
1.1.5: Encourage the provision of advanced and competitive
telecommunications services on the widest possible basis to the
businesses, institutions and residents of the Village;
1.1.6: Permit and manage reasonable access to the public ways of the
Village for telecommunications purposes on a competitively
neutral basis;
1.1.7: Conserve the limited physical capacity of the public ways held in
public trust by the Village;
1.1.8: Assure that the Village's current and ongoing costs of granting
and regulating private access to and use of the public ways are
fully paid by the persons seeking such access and causing such
costs;
1.1.9: Secure fair and reasonable compensation to the Village and the
residents of the Village for permitting private use of the public
ways;
1.1.10: Assure that all telecommunications carriers providing facilities or
services within the Village comply with the ordinances, rules and
regulations of the Village;
2
1.1.11: Assure that the Village can continue to fairly and responsibly
protect the public health, safety and welfare;
1.1.12: Enable the Village to discharge its public trust consistent with
rapidly evolving federal and state regulatory policies, industry
competition and technological development.
Section 1.2: Definitions: For the purpose of this Ordinance and the
interpretation and enforcement thereof, the following words and phrases shall have the
following meanings, unless the context of the sentence in which they are used shall
indicate otherwise:
1.2.1: Affiliate: A person who (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or
control with another person.
1.2.2: Cable Act: The Cable Communications Policy Act of 1984, 47
U.S.C. § 532, et seq., as now and hereafter amended.
,1.2.3: Cable Operator: A telecommunications carrier providing or
offering to provide "cable service" within the Village as that term
is defined in the Cable Act.
1.2.4: Cable Service: Shall have the same meaning as defined in the
Cable Act.
1.2.5: Corporate Authorities: The President and Board of Trustees of
the Village of Buffalo Grove.
1.2.6: Excess Capacity: The volume or capacity in any existing or
future duct, conduit, manhole, handhole or other utility facility
within the public way that is or will be available for use for
additional telecommunications facilities.
1.2.7: FCC or Federal Communications Commission: The Federal
administrative agency, or lawful successor, authorized to regulate
and oversee telecommunications carriers, services and providers
on a national level.
1.2.8: Grantee: Encompasses both licensees and franchisees.
3
1.2.9: ICC or Illinois Commerce Commission: The State administrative
agency, or lawful successor, authorized to regulate and oversee
telecommunications carriers, services and providers in the State of
Illinois.
1.2.10: Other Ways: The highways, streets, alleys, utility easements or
other rights -of -way within the Village, but under the jurisdiction
and control of a governmental entity other than the Village.
1.2.11: Overhead Facilities: Utility poles, utility facilities and
telecommunications facilities located above the surface of the
ground, including the underground supports and foundations for
such facilities.
1.2.12: Person: Includes corporations, companies, associations, joint
stock companies or associations, firms, partnerships, limited
liability companies and individuals and includes their lessors,
trustees and receivers.
1.2.13: Public Street: Any highway, street, alley or other public right of
way for motor vehicle travel under the jurisdiction and control of
the Village which has been acquired, established, dedicated or
devoted to highway purposes not inconsistent with
telecommunications facilities.
1.2.14: Public Way: Includes all public streets and utility easements, as
those terms are defined herein, now or hereafter owned by the
Village, but only to the extent of the Village's right, title, interest
or authority to grant a license or franchise to occupy and use such
streets and easements for telecommunications facilities.
1.2.15: State: The State of Illinois.
1.2.16: Surplus Space: That portion of the usable space on a utility pole
which has the necessary clearance from other pole users, as
required by the orders and regulations of the Illinois Commerce
Commission, to allow its use by a telecommunications carrier for
a pole attachment.
4
1.2.17: Telecommunications Carrier: ` Includes every person who directly
or indirectly owns, controls, operates or manages plant, equipment
or property within the Village, used or to be used for the purpose
of offering telecommunications service.
1.2.18: Telecommunications Facilities: The plant, equipment and
property, including but not limited to, cables, wires, conduits,
ducts, pedestals, antennae, electronics and other appurtenances
used or to be used to transmit, receive, distribute, provide or offer
telecommunications services.
1.2.19: Telecommunications Provider: Includes every person who
provides telecommunications service over telecommunications
facilities without any ownership or management control of the
facilities.
1.2.20: Telecommunications Service: The providing or offering for rent,
sale or lease, or in exchange for other value received, of the
transmittal of voice, data, image, graphic and video programming
information between or among points by wire, cable, fiber optics,
laser, microwave, radio, satellite or similar facilities, with or
without benefit of any closed transmission medium.
1.2.21: Telecommunications System: Shall have the same meaning as
"Telecommunications Facilities ", defined above.
1.2.22: Underground Facilities: Utility and telecommunications facilities
located under the surface of the ground, excluding the
underground foundations or supports for Overhead facilities.
1.2.23: Usable Space: The total distance between the top of a utility pole
and the lowest possible attachment point that provides the
minimum allowable vertical clearance as specified in the orders
and regulations of the Illinois Commerce Commission.
1.2.24: Utility Easement: Any easement owned by the Village and
acquired, established, dedicated or devoted for public utility
purposes not inconsistent with telecommunications facilities.
5
1.2.25:. Utility Facilities: The plant, equipment and property, including
but not limited to the poles, pipes, mains, conduits, ducts, cables,
wires, plant and equipment located under, on or above the surface
of the ground within the public ways of the Village and used or to
be used for the purpose of providing utility or telecommunications
services.
1.2.26: Village: The Village of Buffalo Grove, Cook and Lake Counties,
Illinois.
1.2.27: Village Property: Includes all real property owned by the
Village; other than public streets and utility easements as those
terms are defined herein, and all property held in a proprietary
capacity by the Village, which are not subject to right -of -way
licensing and franchising as provided in this Ordinance.
Section 1.3: Registration: Except as otherwise provided herein, all
telecommunications carriers or providers engaged in the business of transmitting,
supplying or furnishing of telecommunications originating, terminating or existing within
the Village shall register with the Village pursuant to this Ordinance.
Section 1.4: Telecommunications License: Except as otherwise
provided herein, any telecommunications carriers who desire to construct, install, operate,
maintain or otherwise locate telecommunications facilities in, under, over or across any
public way of the Village for the sole purpose of providing telecommunications service to
persons and areas outside the Village shall first obtain a license granting the use of such
public ways from the Village pursuant to this Ordinance.
Section 1.5: Telecommunications Franchise: Except as otherwise
provided herein, any telecommunications carriers who desire to construct, install, operate,
maintain or otherwise locate telecommunications facilities in, under, over or across any
public way of the Village, and to also provide telecommunications service to persons or
areas in the Village, shall first obtain a franchise granting the use of such public ways
from the Village pursuant to this Ordinance.
Section 1.6: Cable Television Franchise: Except as otherwise provided
herein, any telecommunications carriers who desire to construct, install, operate, maintain
or otherwise locate telecommunications facilities in any public way of the Village for the
purpose of providing cable services to persons in the Village shall first obtain a cable
franchise from the Village.
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Section 1.7: Application to Existing Franchise Ordinances and Agreements:
This Ordinance shall have no effect on any existing franchise ordinance or franchise
agreement until:
1.7.1: The expiration of said franchise ordinance or agreement;
1.7.2: An amendment to an unexpired franchise ordinance or franchise
agreement, unless both parties agree to defer full compliance to a
specific date not later than the present expiration date.
Section 1.8: Penalties: Any person found guilty of violating, disobeying,
omitting, neglecting or refusing to comply with any of the provisions of this Ordinance
shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred
Dollars ($500.00) for each offense. A separate and distinct offense shall be deemed
committed each day on which a violation occurs or continues.
Section 1.9: Other Remedies: Nothing in this Ordinance shall be
construed as limiting any judicial remedies that the Village may have, at law or in equity,
for enforcement of this Ordinance.
Section 1.10: Severability: If in any section, subsection, sentence, clause,
phrase, or other portion of this Ordinance, or its application to any person, is, for any
reason, declared invalid, in whole or in part by any court or agency of competent
jurisdiction, said decision shall not affect the validity of the remaining portions hereof.
ARTICLE 2.
REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS
Section 2.1: Registration Required: All telecommunications carriers
having telecommunications facilities within the corporate limits of the Village and all
telecommunications carriers or providers who offer or provide telecommunications ,
service to customer premises within the Village shall register with the Village on forms
provided by the Village which shall include the following:
2.1.1: The identity and legal status of the registrant, including any affiliates.
2.1.2: The name, address and telephone number of the officer, agent or
employee responsible for the accuracy of the registration
statement.
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2.1.3: A description of registrant's existing or proposed
telecommunications facilities within the Village.
2.1.4: A description of the telecommunications service that the registrant
intends to offer or provide, or is currently offering or providing, to
persons, firms, businesses or institutions within the Village.
2.1.5: Information sufficient to determine whether the registrant is
subject to public way licensing or franchising under this
Ordinance.
2.1.6: Information sufficient to determine whether the transmission,
origination or receipt of the telecommunications services provided
or to be provided by the registrant constitutes an occupation or
privilege subject to any municipal telecommunications tax, utility
message tax or other occupation tax imposed by the Village.
2.1.7: Information sufficient to determine that the applicant has applied
for and received any certificate of authority required by the
Illinois Commerce Commission to provide telecommunications
services or facilities within the Village.
2.1.8: Information sufficient to determine that the applicant has applied
for and received any construction permit, operating license or
other approvals required by the Federal Communications
Commission to provide telecommunications services or facilities
within the Village.
2.1.9: Such other information as the Village may reasonably require.
Section 2.2: Registration Fee: Each application for registration as a
telecommunications carrier or provider shall be accompanied by a fee for Twenty -Five
Dollars ($25.00).
Section 2.3: Purpose of Registration: The purpose of registration
hereunder is to:
2.3.1: Provide the Village with accurate and current information
concerning the telecommunications carriers and providers who
offer or provide telecommunications services within the Village,
or who own or operate telecommunication facilities within the
Village;
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2.3.2: Assist the Village in enforcement of this Ordinance;
2.3.3: Assist the Village in the collection and enforcement of any
municipal taxes, franchise fees, license fees or charges that may
be due the Village;
2.3.4: Assist the Village in monitoring compliance with local, State and
Federal laws.
ARTICLE 3.
TELECOMMUNICATIONS LICENSE
Section 3.1: Telecommunications License: A telecommunications
license shall be required of any telecommunications carrier who desires to occupy
specific public ways of the Village for the sole purpose of providing telecommunications
services to persons or areas outside the Village.
Section 3.2: License Application: Any person who desires a
telecommunications license hereunder shall file an application with the Village which
shall include the following information:
3.2.1: The identity of the license applicant, including all affiliates of the
applicant.
3.2.2: A description of the telecommunications services that are or will
be offered or provided by licensee over its telecommunication
facilities.
3.2.3: A description of the transmission medium that will be used by the
licensee to offer or provide such telecommunications services.
3.2.4: Preliminary engineering plans, specifications and a network map
of the facilities to be located within the Village, all in sufficient
detail to identify:
(a) the location and route requested for applicant's
proposed telecommunication facilities;
I
(b) the location of all overhead and underground public
utility, telecommunication, cable, water, sewer,
drainage, pavement, curbs, sidewalks, street lights,
traffic signal equipment and other facilities in the
public way along the proposed route;
(c) the location(s), if any, for interconnection with the
telecommunications facilities of other
telecommunications carriers;
(d) the specific trees, structures, improvements, facilities
and obstructions, if any, that applicant proposes to
temporarily or permanently remove or relocate.
3.2.5: If applicant is proposing to install overhead facilities, evidence
that surplus space is available for locating its telecommunications
facilities on existing utility poles along the proposed route.
3.2.6: If applicant is proposing an underground installation in existing
ducts or conduits within the public ways, information in sufficient
detail to identify:
(a) the excess capacity currently available in such ducts or
conduits before installation of applicant's
telecommunications facilities;
(b) the excess capacity, if any, that will exist in such ducts
or conduits after installation of applicant's
telecommunications facilities.
3.2.7: If applicant is proposing an underground installation within new
ducts or conduits to be constructed within the public ways:
(a) the location proposed for the new ducts or conduits;
(b) the excess capacity that will exist in such ducts or
conduits after installation of applicant's
telecommunications facilities.
3.2.8: A preliminary construction schedule and completion date.
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3.2.9: A preliminary traffic control plan in accordance with the IDOT
Manual on Uniform Traffic Control Devices.
3.2.10: Financial statements prepared in accordance with generally
accepted accounting principles demonstrating the applicant's
financial ability to construct, operate, maintain, relocate and
remove the facilities.
3.2.11: Information in sufficient detail to establish the applicant's
technical qualifications, experience and expertise regarding the
telecommunications facilities and services described in the
application.
3.2.12: Information to establish that the applicant has obtained all other
governmental approvals and permits to construct and operate the
facilities and to offer or provide the telecommunications services.
3.2.13: All fees, deposits or charges required pursuant to this Ordinance.
3.2.14: Such other and further information as the Village may reasonably
require.
Section 3.3: Determination by the Village: Within 120 days, or as
extended by the Corporate Authorities, after receiving a complete application hereunder,
the Corporate Authorities shall make a determination granting or denying the application
in whole or in part. If the application is denied, the determination shall include the
reasons for denial. The following standards shall apply when determining to grant or
deny the application:
3.3.1: The financial and technical ability of the applicant.
3.3.2: The legal ability of the applicant.
3.3.3: The capacity of the public ways to accommodate the applicant's
proposed facilities.
3.3.4: The capacity of the Public Ways to accommodate additional
utility and telecommunications facilities if the license is granted.
11
3.3.5: The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the license is
granted.
3.3.6: The public interest in minimizing the cost and disruption of
construction within the Public Ways.
3.3.7: The service that applicant will provide to the community and
region.
3.3.8: The effect, if any, on public health, safety and welfare if the
license is granted.
3.3.9: The availability of alternate routes and/or locations for the
proposed facilities.
3.3.10: Applicable federal and state laws, regulations and policies.
3.3.11: Such other factors as may demonstrate that the grant to use the
Public Ways will serve the community interest.
Section 3.4: Agreement: No license granted hereunder shall be effective
until the applicant and the Village have executed a written agreement setting forth the
particular terms and provisions under which the license to occupy and use Public Ways of
the Village will be granted.
Section 3.5: Nonexclusive Grant: No license granted hereunder shall
confer any exclusive right, privilege, license or franchise to occupy or use the Public
Ways of the Village for delivery of telecommunications services or any other purposes.
Section 3.6: Rights Granted:
3.6.1: No license granted hereunder shall convey any right, title or
interest in the Public Ways, but shall be deemed a license only to
use and occupy the Public Ways for the limited purposes and term
stated in the grant.
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3.6.2: No license granted hereunder shall authorize or excuse a licensee
from securing such further easements, leases licenses, permits or
other approvals as may be required to lawfully occupy and use a
Public Way, Excess Capacity in an Underground Facility or
Surplus Space in an Overhead Facility.
3.6.3: No license granted hereunder shall be construed as any warranty
of title.
Section 3.7: Term of Grant: Unless otherwise specified in a license
agreement, a telecommunications license granted hereunder shall be in effect for a term of
five (5) years.
Section 3.8: License Route: A license granted hereunder shall be limited
to a grant of specific Public Ways and defined portions thereof.
Section 3.9: Location of Facilities: Unless otherwise specified in a
license agreement, all facilities shall be constructed, installed and located in accordance
with the following terms and conditions:
3.9.1: Telecommunications Facilities shall be installed within an existing
underground duct or conduit whenever Excess Capacity exists
within such Utility Facility.
3.9.2: A licensee with written authorization to install Overhead Facilities
shall install its Telecommunications Facilities on pole attachments
to existing utility poles only, and then only if Surplus Space is
available.
3.9.3: Whenever any existing electric utilities, cable facilities or
Telecommunications Facilities are located underground within a
Public Way of the Village, a licensee with written authorization to
occupy the same Public Way must also locate its
Telecommunications Facilities underground.
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3.9.4: Whenever any new or existing electric utilities, cable facilities or
Telecommunications Facilities are located or relocated
underground within a Public Way of the Village, a licensee that
currently occupies the same Public Way shall relocate its facilities
underground within a reasonable period of time, which shall not
be later than the end of the grant term. Absent extraordinary
circumstances or undue hardship as determined by the Village
Engineer, such relocation shall be made concurrently to minimize
the disruption of the Public Ways. It is the responsibility of the
licensee to obtain written authorization from the owner of the
facility.
3.9.5: Whenever new Telecommunications Facilities will exhaust the
capacity of a Public Street or utility easement to reasonably
accommodate future telecommunications carriers or facilities, the
licensee shall provide additional ducts, conduits, manholes and
other facilities for nondiscriminatory access to future
telecommunications carriers.
Section 3.10: Construction Permits: All licensees are required to obtain
construction permits as required in Article 8 herein, provided, however, that nothing in
this Ordinance shall prohibit the Village and a licensee from agreeing to alternative plan
review, permit and construction procedures in a license agreement, provided such
alternative procedures provide substantially equivalent safeguards for responsible
construction practices.
Section 3.11: Compensation to Village: Each license granted hereunder is
subject to the Village's right, which is expressly reserved, to annually fix a fair and
reasonable compensation to be paid for the property rights granted to the licensee;
provided nothing in this Ordinance shall prohibit the Village and a licensee from agreeing
to the compensation to be paid.
Section 3.12: Service to Village Users: A licensee may be permitted to offer
or provide telecommunications services to persons or areas within the Village upon
approval of a franchise pursuant to this Ordinance.
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Section 3.13: Amendment of Grant:
13.1: ' A new license application and grant shall be required of any
telecommunications carrier that desires to extend or locate its
telecommunications facilities in Public Ways of the Village which
are not included in a license previously granted hereunder.
3.13.2: If ordered by the Village to locate or relocate its
Telecommunications Facilities in Public Ways not included in a
previously granted license, the Village shall grant a license
amendment without further application.
Section 3.14: Renewal Applications: A licensee who desires to renew its
license hereunder shall, not more than 180 days nor less than 90 days before expiration of
the current license, file an application with the Village for renewal of its license which
shall include the following information:
3.14.1: The information required pursuant to Section 3.2 hereof.
3.14.2: Any information required pursuant to the license agreement
between the Village and the licensee.
Section 3.15: Renewal Determinations: Within 90 days, or as extended by the
Corporate Authorities, after receiving a complete application under Section 3.14 hereof,
the Corporate Authorities shall make a determination granting or denying the renewal
application in whole or in part. If the renewal application is denied, the determination
shall include the reasons for non - renewal. The following standards shall apply when
determining to grant or deny the application:
3.15.1: The financial and technical ability of the applicant.
3.15.2: The legal ability of the applicant.
3.15.3: The continuing capacity of the public ways to accommodate the
applicant's existing facilities.
3.15.4: The applicant's compliance with the requirements of this
Ordinance and the license agreement.
15
3.15.5: Applicable federal, state and local laws, rules and policies.
3.15.6: Such other factors as may demonstrate that the continued grant to
use the public ways will serve the community interest.
Section 3.16: Obligation to Cure As a Condition of Renewal: No license
shall be renewed until any ongoing violations or defaults in the licensee's performance of
the license agreement, or of the requirements of this Ordinance, and all applicable laws,
statutes, codes, ordinances, rules and regulations have been cured, or a plan detailing the
corrective action to be taken by the licensee has been approved by the Village.
ARTICLE 4.
TELECOMMUNICATIONS FRANCHISE
Section 4.1: Telecommunications Franchise: A telecommunications
franchise shall be required of any telecommunications carrier who desires to occupy
public ways of the Village and to provide telecommunications services to any person or
area in the Village.
Section 4.2: Franchise Application: Any person who desires a
telecommunications franchise hereunder shall file an application with the Village which
shall include the following information:
4.2.1: The identity of the franchise applicant, including all affiliates of
the applicant.
4.2.2: A description of the telecommunications services that are or will
be offered or provided by the franchise applicant over its existing
or proposed facilities.
4.2.3: A description of the transmission medium that will be used by the
franchisee to offer or provide such telecommunications services.
4.2.4: Preliminary engineering plans, specifications and a network map
of the facilities to be located within the Village, all in sufficient
detail to identify:
(a) the location and route requested for applicant's
proposed Telecommunications Facilities;
16
(b) the location of all overhead and underground public
utility, telecommunication, cable, water, sewer,
drainage, pavement, curbs, sidewalks, street lights,
traffic signal equipment and other facilities in the
Public Way along the proposed route;
(c) the location(s), if any, for interconnection with the
Telecommunications Facilities of other
telecommunications carriers;
(d) the specific trees, structures, improvements, facilities
and obstructions, if any, that applicant proposes to
temporarily or permanently remove or relocate.
4.2.5: If applicant is proposing to install Overhead Facilities, evidence
that Surplus Space is available for locating its
Telecommunications Facilities on existing utility poles along the
proposed route.
4.2.6: If applicant is proposing an underground installation in existing
ducts or conduits within the Public Ways, information in sufficient
detail to identify:
(a) the Excess Capacity currently available in such ducts
or conduits before installation of applicant's
Telecommunications Facilities;
(b) the Excess Capacity, if any, that will exist in such
ducts or conduits after installation of applicant's
Telecommunications Facilities.
4.2.7: If applicant is proposing an underground installation within new
ducts or conduits to be constructed within the Public Ways:
(a) the location proposed for the new ducts or conduits;
(b) the Excess Capacity that will exist in such ducts or
conduits after installation of applicant's
Telecommunications Facilities.
17
4.2.8: A preliminary construction schedule and completion dates.
4.2.9: A preliminary traffic control plan in accordance with the IDOT
Manual on Uniform Traffic Control Devices.
4.2.10: Financial statements prepared in accordance with generally
accepted accounting principles demonstrating the applicant's
financial ability to construct, operate, maintain, relocate and
remove the facilities.
4.2.11: Information in sufficient detail to establish the applicant's
technical qualifications, experience and expertise regarding the
Telecommunications Facilities and services described in the
application.
4.2.12: Information to establish that the applicant has obtained all other
approvals from applicable utility companies, governmental
approvals and permits to construct and operate the facilities and to
offer or provide the Telecommunications Services.
4.2.13: Whether the applicant intends to provide cable service, video
dialtone service or other video programming service, and
sufficient information to determine whether such service is subject
to cable franchising.
4.2.14: An accurate map showing the location of any existing
Telecommunications Facilities in the Village that applicant
intends to use or lease.
4.2.15: A description of the services or facilities that the applicant will
offer or make available to the Village and other public,
educational and governmental institutions.
4.2.16: A description of applicant's access and line extension policies.
4.2.17: The area or areas of the Village the applicant desires to serve and
a schedule for build -out to the entire franchise area.
4.2.18: All fees, deposits or charges required pursuant to this Ordinance.
18
Section 4.3: Determination by the Village: Within 150 days, or as
extended by the Corporate Authorities, after receiving a complete application hereunder,
the Corporate Authorities shall make a determination granting or denying the application
in whole or in part. If the application is denied, the determination shall include the
reasons for denial. The following standards shall apply when determining to grant or
deny the application:
4.3.1: The financial and technical ability of the applicant.
4.3.2: The legal ability of the applicant.
4.3.3: The capacity of the Public Ways to accommodate the applicant's
proposed facilities.
4.3.4: The capacity of the Public Ways to accommodate additional
utility and Telecommunications Facilities if the franchise is
granted.
4.3.5: The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the franchise is
granted.
4.3.6: The public interest in minimizing the cost and disruption of
construction within the Public Ways.
4.3.7: The service that applicant will provide to the community and
region.
4.3.8: The effect, if any, on public health, safety and welfare if the
franchise requested is granted.
4.3.9: The availability of alternate routes and/or locations for the
proposed facilities.
4.3.10: Applicable federal and state laws, regulations and policies.
4.3.11: Such other factors as may demonstrate that the grant to use the
Public Ways will serve the community interest.
19
Section 4.4: Agreement: No franchise shall be granted hereunder unless
the applicant and the Village have executed a written agreement setting forth the
particular terms and provisions under which the franchise to occupy and use Public Ways
of the Village will be granted.
Section 4.5: Nonexclusive Grant: No franchise granted hereunder shall
confer any exclusive right, privilege, license or franchise to occupy or use the Public
Ways of the Village for delivery of telecommunications services or any other purposes.
Section 4.6: Term of Grant: Unless otherwise specified in a franchise
agreement, a telecommunications franchise granted hereunder shall be valid for a term of
ten (10) years.
Section 4.7: Rights Granted:
4.7.1: No franchise granted hereunder shall convey any right, title or
interest in the Public Ways, but shall be deemed a franchise only
to use and occupy the Public Ways for the limited purposes and
term stated in the grant.
4.7.2: No franchise granted hereunder shall authorize or excuse a
franchisee from securing such further easements, leases,
franchises, permits or other approvals as may be required to
lawfully occupy and use a Public Way, Excess Capacity in an
Underground Facility or Surplus Space in an Overhead Facility.
4.7.3: No franchise granted hereunder shall be construed as any warranty
of title.
Section 4.8: Franchise Territory: A telecommunications franchise
granted hereunder shall be limited to the specific geographic area of the Village to be
served by the franchisee, and the specific Public Ways necessary to serve such areas.
Section 4.9: Location of Facilities: Unless otherwise specified in a
franchise agreement, all facilities shall be constructed, installed and located in accordance
with the following terms and conditions:
4.9.1: Telecommunications Facilities shall be installed within an existing
underground duct or conduit whenever Excess Capacity exists
within such utility facility.
20
4.9.2: A franchisee with written authorization to install Overhead
Facilities shall install its Telecommunications Facilities on pole
attachments to existing utility poles only, and then only if Surplus
Space is available.
4.9.3: Whenever any new or existing electric utilities, cable facilities or
Telecommunications Facilities are located or relocated
underground within a Public Way of the Village, a franchisee with
written authorization to occupy the same public way must also
locate its Telecommunications Facilities underground.
4.9.4: Whenever any new or existing electric utilities, cable facilities or
Telecommunications Facilities are located or relocated
underground within a public way of the Village, a franchisee who
currently occupies the same Public Way shall relocate its facilities
underground within a reasonable period of time, which shall not
be later than the end of the grant term. Absent extraordinary
circumstances or undue hardship as determined by the Village
Engineer, such relocation shall be made concurrently to minimize
the disruption of the public ways. It is the responsibility of the
franchisee to obtain written authorization from the owner of the
facility.
4.9.5: Whenever new Telecommunications Facilities will exhaust the
capacity of a public street or utility easement to reasonably
accommodate future telecommunications carriers or facilities, the
franchisee shall provide additional ducts, conduits, manholes and
other facilities for nondiscriminatory access to future carriers.
Section 4.10: Construction Permits: All franchisees are required to obtain
construction permits as required in Article 8 herein, provided, however, that nothing in
this Ordinance shall prohibit the Village and a franchisee from agreeing to alternative
plan review, permit and construction procedures in a franchise agreement, provided such
alternative procedures provide substantially equivalent safeguards for responsible
construction practices.
21
Section 4.11: Compensation to Village: Each franchise granted hereunder is
subject to the Village's right, which is expressly reserved, to annually fix a fair and
reasonable compensation to be paid for the property rights granted to the franchisee;
provided nothing in this Ordinance shall prohibit the Village and a franchisee from
agreeing to the compensation to be paid.
Section 4.12: Nondiscrimination: A franchisee shall make its
Telecommunications Services available to any customer within its franchise area who
shall request such service, without discrimination as to the terms, conditions, rates or
charges for franchisee's services, provided, however, that nothing in this Ordinance shall
prohibit a franchisee from making any reasonable classifications among differently
situated customers.
Section 4.13: Service to the Village: A franchisee shall make its
Telecommunications Services available to the Village at its most favorable rate for
similarly situated users, unless otherwise provided in a license or franchise agreement.
Section 4.14: Amendment of Grant:
4.14.1: A new franchise application and grant shall be required of any
telecommunications carrier who desires to extend its franchise
territory or to locate its Telecommunications Facilities in Public
Ways of the Village which are not included in a franchise
previously granted hereunder.
4.14.2: If ordered by the Village to locate or relocate its
Telecommunications Facilities in public ways not included in a
previously granted franchise, the Village shall grant a franchise
amendment without further application.
Section 4.15: Renewal Applications: A franchisee who desires to renew its
franchise hereunder shall, not more than 240 days nor less than 150 days before
expiration of the current franchise, file an application with the Village for renewal of its
franchise which shall include the following information:
4.15.1: The information required pursuant to Section 4.2 hereunder.
4.15.2: Any information required pursuant to the franchise agreement
between the Village and the franchisee.
,f
22
Section 4.16: Renewal Determinations: Within 150 days, or as extended by
the Corporate Authorities, after receiving a complete application hereunder, the Corporate
Authorities shall make a determination granting or denying the renewal application in
whole or in part. If the renewal application is denied, the determination shall include the
reasons for non- renewal. The following standards shall apply when determining to grant
or deny the application:
4.16.1: The financial and technical ability of the applicant.
4.16.2: The legal ability of the applicant.
4.16.3: The continuing capacity of the Public Ways to accommodate the
applicant's existing facilities.
4.16.4: The applicant's compliance with the requirements of this
Ordinance and the franchise agreement.
Section 4.17: Obligation to Cure As a Condition of Renewal: No franchise
shall be renewed until any ongoing violations or defaults in the franchisee's obligations
under the franchise agreement or of the requirements of this Ordinance, and all applicable
laws, statutes, codes, ordinances, rules and regulations have been cured, or a plan
detailing the corrective action to be taken by the grantee has been approved by the
Village.
ARTICLE 5
CABLE FRANCHISE
- RESERVED -
ARTICLE 6
FEES AND COMPENSATION
Section 6.1: Purpose: It is the purpose of this Article to provide for the
payment and recovery of all direct and indirect costs and expenses of the Village related
to the enforcement and administration of this Ordinance.
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Section 6.2: Application and Review Fee:
6.2.1: Any applicant for a license or franchise pursuant to Articles 3 or 4
of this Ordinance shall pay a fee of One Thousand Dollars
($1,000.00) or one percent (1%) of the estimated cost of
applicant's proposed Telecommunications Facilities, as certified
by the applicant's professional engineer, whichever is greater.
6.2.2: The application and review fee shall be deposited with the Village
as part of the application filed pursuant to Article 3 or Article 4 of
this Ordinance.
6.2.3: An applicant whose license or franchise application has been
withdrawn, abandoned or denied shall, within sixty (60) days of
its application and upon written request, be refunded the balance
of its deposit under this section, less:
(a) the Application and Review Fee; and
(b) All ascertainable costs and expenses incurred by the
Village in connection with the application.
Section 6.3: Other Village Costs: All licenses or franchises shall, within
thirty (30) days after written demand therefor, reimburse the Village for all direct and
indirect costs and expenses incurred by the Village in connection with any modification,
amendment, renewal or transfer of the license or franchise or any license or franchise
agreement.
Section 6.4: Reserved Compensation for Public Ways: The Village
reserves its right to annually fix a fair and reasonable compensation to be paid for the
property rights granted to a telecommunications license or franchise grantee. Nothing in
this Article shall prohibit the Village and a grantee from agreeing to the compensation to
be paid for the granted property rights.
Section 6.5: Compensation for Village Property: If the right is granted,
by lease, license, franchise or other manner, to use and occupy Village Property for the
installation of Telecommunications Facilities, the compensation to be paid shall be fixed
by the Village.
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Section 6.6: Construction Permit Fee: Prior to issuance of a
construction permit, the permittee shall pay a permit fee equal to One Thousand Dollars
($1,000.00) or one percent (I%) of the estimated cost of constructing the
Telecommunication Facilities, as certified by the applicant's engineer and approved by
the Village Engineer, whichever is greater.
Section 6.7: Annual Fee: The Village does not charge an annual license fee.
Section 6.8: Cable Fees: Cable television franchisees shall be subject to
the franchise fees, payments and costs provided in Article 5 of this Ordinance.
Section 6.9: Regulatory Fees and Compensation Not a Tax: The
regulatory fees and costs provided for in this Article, and any compensation charged and
paid for the Public Ways provided for in Section 6.4 of this Article, are separate from,
and additional to, any and all federal, state, local and Village taxes as may be levied,
imposed or due from a telecommunications carrier or provider, its customers or
subscribers, or on account of the lease, sale, delivery or transmission of
Telecommunications Services.
Section 7.1:
ARTICLE 7
CONDITIONS OF GRANT
Location of Facilities: All facilities shall be constructed,
installed and located in accordance with the following terms and conditions, unless
otherwise specified in a license or franchise agreement:
7.1.1: A grantee shall install its Telecommunications Facilities within an
existing underground duct or conduit whenever excess capacity
exists within such utility facility.
7.1.2: A grantee with written authorization to install Overhead Facilities
shall install its Telecommunications Facilities on pole attachments
to existing utility poles only, and then only if Surplus Space is
available.
F
7.1.3: Whenever any existing electric utilities, cable facilities or
Telecommunications Facilities are located underground within a
Public Way of the Village, a grantee with written authorization to
occupy the same Public Way must also locate its
Telecommunications Facilities underground.
7.1.4: Whenever any new or existing electric utilities, cable facilities or
Telecommunications Facilities are located or relocated
underground within a Public Way of the Village, a grantee who
currently occupies the same Public Way shall relocate its facilities
underground within a reasonable period of time, which shall not
be later than the end of the grant term. Absent extraordinary
circumstances or undue hardship as determined by the Village
Engineer, such relocation shall be made concurrently to minimize
the disruption of the Public Ways.
7.1.5: Whenever new Telecommunications Facilities will exhaust the
capacity of a public street or utility easement to reasonably
accommodate future telecommunications carriers or facilities, the
grantee shall provide additional ducts, conduits, manholes and
other facilities for nondiscriminatory access to future carriers.
Section 7.2: Compliance with M.L.I.E.: All license or franchise
grantees shall, before commencing any construction in the Public Ways, comply with all
regulations of J.U.L.I.E.
Section 7.3: Construction Permits: All license or franchise grantees are
required to obtain construction permits for Telecommunications Facilities as required in
Article 8 of this Ordinance. However, nothing in this Article shall prohibit the Village
and a grantee from agreeing to alternative plan review, permit and construction
procedures in a license or franchise agreement, provided such alternative procedures
provide substantially equivalent safeguards for responsible construction practices.
Section 7.4: Interference with the Public Ways: No license or franchise
grantee may locate or maintain its Telecommunications Facilities so as to unreasonably
interfere with the use of the Public Ways by the Village, by the general public or by other
persons authorized to use or be present in or upon the Public Ways. All such facilities
shall be moved by the grantee, temporarily or permanently, as determined by the Village
Engineer.
we
Section 7.5: Damage to Property! No license or franchise grantee nor
any person acting on a grantee's behalf shall take any action or permit any action to be
done which may impair or damage any Village Property, Public Ways of the Village,
Other Ways or other property located in, on or adjacent thereto.
Section 7.6: Notice of Work: Unless otherwise provided in a license or
franchise agreement, no license or franchise grantee, nor any person acting on the
grantee's behalf, shall commence any non - emergency work in or about the Public Ways
of the Village or Other Ways without ten (10) working days advance notice to theVillage
Engineer.
Section 7.7: Repair and Emergency Work: In the event of an
unexpected repair or emergency, a grantee may commence such repair and emergency
response work as required under the circumstances, provided the Grantee shall notify the
Village as promptly as possible, before such repair or emergency work or as soon
thereafter as possible if advance notice is not practicable.
Section 7.8: Maintenance of Facilities: Each license or franchise
grantee shall maintain its facilities in good and safe condition and in a manner that
complies with all applicable federal, state and local requirements.
Section 7.9: Relocation or Removal of Facilities: Within thirty (30)
days following written notice from the Village, a license or franchise grantee shall, at its
own expense, temporarily or permanently remove, relocate, change or alter the position of
any Telecommunications Facilities within the Public Ways whenever the Corporate
Authorities shall have determined that such removal, relocation, change or alteration is
reasonably necessary for:
7.9.1: The construction, repair, maintenance or installation of any
Village or other public improvement in or upon the Public Ways.
7.9.2: The operations of the Village or other governmental entity in or
upon the public ways.
7.9.3: The vacation of a public street or the release of a utility easement.
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7.9.4: Abandonment of a facility within the Public Ways of the Village.
A facility will be considered abandoned when it is deactivated, out
of service, or not used for its intended and authorized purpose for
a period of ninety (90) days or longer. A facility will not be
considered abandoned if it is temporarily out of service during
performance of repairs or if the facility is being replaced.
Section 7.10: Removal of Unauthorized Facilities: Within thirty (30) days
following written notice from the Village, any grantee, telecommunications carrier, or
other person who owns, controls or maintains any unauthorized telecommunications
system, facility or related appurtenances within the Public Ways of the Village shall, at its
own expense, remove such facilities or appurtenances from the Public Ways of the
Village. If such grantee fails to remove such facilities or appurtenances the Village may
cause such removal and charge the grantee for the costs incurred. A telecommunications
system or facility is unauthorized and subject to removal in the following circumstances:
7.10.1: Upon expiration or termination of the grantee's
telecommunications license or franchise.
7.10.2: Upon abandonment of a facility within the Public Ways of the
Village.
7.10.3: If the system or facility was constructed or installed without the
prior grant of a telecommunications license or franchise.
7.10.4: If the system or facility was constructed or installed without the
prior issuance of a required construction permit.
7.10.5: If the system or facility was constructed or installed at a location
not permitted by the grantee's telecommunications license or
franchise.
Section 7.11: Emergency Removal or Relocation of Facilities: The Village
retains the right and privilege to cut or move any telecommunications facilities located
within the Public Ways of the Village, as the Village may determine to be necessary,
appropriate or useful in response to any public health or safety emergency.
M
Section 7.12: Damage to Grantee's Facilities: Unless directly and
proximately caused by the wilful, intentional or malicious acts by the Village, the Village
shall not be liable for any damage to or loss of any Telecommunications Facility within
the Public Ways of the Village as a result of or in connection with any public works,
public improvements, construction, excavation, grading, filling, or work of any kind in
the Public Ways by or on behalf of the Village.
Section 7.13: Restoration of Public Ways, Other Ways and Village Property:
7.13.1: When a license or franchise grantee, or any person acting on its behalf,
does any work in or affecting any Public Ways, Other Ways or Village
Property, it shall, at its own expense, promptly remove any obstructions
therefrom and restore such ways or property to as good a condition as
existed before the work was undertaken, unless otherwise directed by the
Village.
7.13.2: If weather or other conditions do not permit the complete restoration
required hereunder, the grantee shall temporarily restore the affected ways
or property. Such temporary restoration shall be at the grantee's sole
expense and the grantee shall promptly undertake and complete the
required permanent restoration when the weather or other conditions no
longer prevent such permanent restoration.
7.13.3: A grantee or other person acting in its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as
required for the safety of all members of the general public and to
prevent injury or damage to any person, vehicle or property by
reason of such work in or affecting such ways or property.
Section 7.14: Facilities Maps: Each license or franchise grantee shall provide
the Village with an accurate map or maps certifying the location of all
Telecommunications Facilities within the public ways. Each grantee shall provide
updated maps annually.
Section 7.15: Duty to Provide Information: Within ten (10) days of a written
request from the Village Engineer, each license or franchise grantee shall furnish the
Village with information sufficient to demonstrate:
29
7.15.1: That grantee has complied with all requirements of this
Ordinance.
7.15.2: That all municipal sales, message and/or telecommunications
taxes due the Village in connection with the Telecommunications
Services and Facilities provided by the grantee have been properly
collected and paid by the grantee.
7.15.3: All books, records, maps and other documents, maintained by the
grantee with respect to its facilities within the Public Ways shall
be made available for inspection by the Village at reasonable
times and intervals.
Section 7.16: Leased Capacity: A license or franchise grantee shall have the
right, without prior Village approval, to offer or provide capacity or bandwidth to its
customers; provided:
7.16.1: Grantee shall furnish the Village with a copy of any such lease or
agreement.
7.16.2: The customer or lessee has complied, to the extent applicable,
with the requirements of this Ordinance.
Section 7.17: Grantee Insurance: Unless otherwise provided in a license or
franchise agreement, each grantee shall, as a condition of the grant, secure and maintain
the following liability insurance policies insuring both the grantee and the Village, and its
elected and appointed officers, officials, agents and employees as coinsureds:
7.17.1: Comprehensive general liability insurance with limits not less than
(a) Five Million Dollars ($5,000,000) for bodily injury or
death to each person;
(b) Five Million Dollars ($5,000,000) for property dmage
resulting from any one accident; and,
(c) Five Million Dollars ($5,000,000) for all other types of
liability.
CA
7.17.2: Automobile liability for owned, non -owned and hired vehicles
with a limit of Three Million Dollars ($3,000,000) for each person
and Three Million Dollars ($3,000,000) for each accident.
7.17.3: Worker's compensation within statutory limits and employer's
liability insurance with limits of not less than One Million Dollars
($1,000,000).
7.17.4: Comprehensive form premises- operations, explosions and
collapse hazard, underground hazard and products completed
hazard with limits of not less than Three Million Dollars
($3,000,000).
7.17.5: The liability insurance policies required by this section shall be
maintained by the grantee throughout the term of the
telecommunications license or franchise, and such other period of
time during which the grantee is operating without a franchise or
license hereunder, or is engaged in the removal of its
Telecommunications Facilities. Each such insurance policy 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 90
days after receipt by the Village, by
registered mail, of a written notice
addressed to the Village Engineer of such
intent to cancel or not to renew."
7.17.6: Within sixty (60) days after receipt by the Village of said notice,
and in no event later than thirty (30) days prior to said
cancellation, the grantee shall obtain and furnish to the Village
replacement insurance policies meeting the requirements of this
Section.
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Section 7.18: General Indemnification: Each license or franchise agreement
shall include, to the extend permitted by law, grantee's express undertaking to defend,
indemnify and hold the Village and its officers, employees, agents and representatives
harmless from and against any and all 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 grantee or its affiliates, officers, employees, agents,
contractors or subcontractors in the construction, operation, maintenance, repair or
removal of its telecommunications facilities, and in providing or offering
telecommunications services over the facilities or network, whether such acts or
omissions are authorized, allowed or prohibited by this Ordinance or by a grant
agreement made or entered into pursuant to this Ordinance.
Section 7.19: Performance and Construction Surety: Before a license or
franchise granted pursuant to this Ordinance is effective, and as necessary thereafter, the
grantee shall provide and deposit such monies, bonds, letters of credit or other
instruments in form and substance acceptable to the Village as may be required by this
Ordinance or by an applicable license or franchise agreement.
Section 7.20: Security Fund: Each grantee shall establish a permanent
security fund with the Village by depositing the amount of $50,000 with the Village in
cash, an unconditional letter of credit, or other instrument acceptable to the Village,
which fund shall be maintained at the sole expense of grantee so long as any of grantee's
Telecommunications Facilities are located within the Public Ways of the Village.
7.20.1: The fund shall serve as security for the full and complete
performance of this Ordinance, including any costs, expenses,
damages or loss the Village pays or incurs because of any failure
attributable to the grantee to comply with the codes, ordinances,
rules, regulations or permits of the Village.
7.20.2: Before any sums are withdrawn from the security fund, the
Village shall give written notice to the grantee:
(a) describing the act, default or failure to be remedied, or
the damages, cost or expenses which the Village has
incurred by reason of grantee's act or default;
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(b) providing a reasonable opportunity for grantee to first
remedy the existing or ongoing default or failure, if
applicable;
(c) providing a reasonable opportunity for grantee to pay
any monies due the Village before the Village
withdraws the amount thereof from the security fund,
if applicable,
(d) that the grantee will be given an opportunity to review
the act, default or failure described in the notice with
the Village Engineer.
7.20.3: Grantees shall replenish the security fund within fourteen (14)
days after written notice from the Village that there is a deficiency
in the amount of the fund.
Section 7.21: Construction and Completion Bond: Unless otherwise
provided in a license or franchise agreement, a performance bond written by a corporate
surety acceptable to the Village equal to at least 100% of the estimated cost of
constructing grantee's Telecommunications Facilities within the Public Ways of the
Village shall be deposited before construction is commenced.
7.21.1: The construction bond shall remain in force until sixty (60) days
after substantial completion of the work, as determined by the
Village Engineer, including restoration of Public Ways and other
property affected by the construction.
7.21.2: The construction bond shall guarantee, to the satisfaction of the
Village:
(a) timely completion of construction;
(b) construction in compliance with applicable plans,
permits, technical codes and standards;
(c) proper location of the facilities as specified by the
Village;
(d) restoration of the Public Ways and other property
affected by the construction;
33
(e) the submission of "as- built" drawings after completion
of the work as required by this Ordinance.
(f) timely payment and satisfaction of all claims, demands
or liens for labor, material or services provided in
connection with the work.
Section 7.22: Coordination of Construction Activities: All grantees are
required to cooperate with the Village and with each other.
7.22.1: By February 1 of each year, grantees shall provide the Village
Engineer with a schedule of their proposed construction activities
in, around or that may affect the Public Ways.
7.22.2: Each grantee shall meet with the Village, other grantees and users
of the Public Ways annually or as determined by the Village to
schedule and coordinate construction in the Public Ways.
7.22.3: All construction locations, activities and schedules shall be
coordinated, as ordered by the Village Engineer, to minimize
public inconvenience, disruption or damages.
Section 7.23: Assignments or Transfers of Grant: Ownership or control of a
telecommunications system, license or franchise may not, directly or indirectly, be
transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of
the grantee, by operation of law or otherwise, without the prior consent of the Village,
which consent shall not be unreasonably withheld or delayed, as expressed by ordinance
and then only on such reasonable conditions as may be prescribed therein.
7.23.1: No grant shall be assigned or transferred in any manner within
twelve (12) months after the initial grant of the license or
franchise, unless otherwise provided in a license or franchise
agreement.
7.23.2: Absent extraordinary and unforeseeable circumstances, no grant,
system or integral part of a system shall be assigned or transferred
before construction of the Telecommunications System has been
completed.
34
7.23.3: Grantee and the proposed assignee or transferee of the grant or
system shall provide and certify the following information to the
Village not less than one hundred and fifty (15 0) days prior to the
proposed date of transfer:
(a) Complete information setting forth the nature, terms
and condition of the proposed transfer or assignment;
(b) All information required of a telecommunications
license or franchise applicant pursuant to Articles 3 or
4 of this Ordinance with respect to the proposed
transferee or assignee;
(c) Any other information reasonably required by the
Village.
7.23.4: No transfer shall be approved unless the assignee or transferee has
the legal, technical, financial and other requisite qualifications to
own, hold and operate the Telecommunications System pursuant
to this Ordinance.
7.23.5: Unless otherwise provided in a license or franchise agreement, the
grantee shall reimburse the Village for all direct and indirect fees,
costs, and expenses reasonably incurred by the Village in
considering a request to transfer or assign a telecommunications
license or franchise.
7.23.6: Any transfer or assignment of a telecommunications grant, system
or integral part of a system without prior approval of the Village
under this Section or pursuant to a license or franchise agreement
shall be void and is cause for revocation of the grant.
35
Section 7.24: Transactions Affecting Control of Grant: Any transactions
which singularly or collectively result in a change of ten percent (10 %) or more of the
ownership or working control of the grantee, of the ownership or working control of a
telecommunications license or franchise, of the ownership or working control of affiliated
entities having ownership or working control of the grantee or of a telecommunications
system, or of control of the capacity of bandwidth of grantee's telecommunication
system, facilities or substantial parts thereof, shall be considered an assignment or transfer
requiring Village approval pursuant to Section 7.23 hereof. Transactions between
affiliated entities are not exempt from Village approval.
Section 7.25: Revocation or Termination of Grant: A license or franchise
granted by the Village to use or occupy Public Ways of the Village may be revoked for
the following reasons:
7.25.1: Construction or operation in the Village or in the public ways of
the Village without a license or franchise grant of authorization.
7.25.2: Construction or operation at an unauthorized location.
7.25.3: Unauthorized substantial transfer of control of the grantee.
7.25.4: Unauthorized assignment of a license or franchise.
7.25.5: Unauthorized sale, assignment or transfer of grantee's franchise or
license assets, or a substantial interest therein.
7.25.6: Misrepresentation or lack of candor by or on behalf of a grantee in
any application to the Village.
7.25.7: Abandonment of Telecommunications Facilities in the Public Ways.
7.25.8: Failure to relocate or remove facilities as required in this
Ordinance.
7.25.9: Failure to pay taxes, compensation, fees or costs when and as due
the Village.
7.25.10: Insolvency or bankruptcy of the grantee.
36
7.25.11: Violation of material provisions of this Ordinance.
7.25.12: Violation of the material terms of a license or franchise
agreement.
Section 7.26: Notice and Duty to Cure: In the event that the Village Manager
believes that grounds exist for revocation of a license or franchise, he shall give the
grantee written notice of the apparent violation or noncompliance, providing a short and
concise statement of the nature and general facts of the violation or noncompliance, and
providing the grantee a reasonable period of time not exceeding thirty (30) days to furnish
evidence:
7.26.1: That corrective action has been, or is being actively and
expeditiously pursued, to remedy the violation or noncompliance.
7.26.2: That rebuts the alleged violation or noncompliance.
7.26.3: That it would be in the public interest to impose some penalty or
sanction less than revocation.
Section 7.27: Hearing: In the event that a grantee fails to provide evidence
reasonably satisfactory to the Village Manager as provided in Section 7.26 hereof, the
Manager shall refer the apparent violation or noncompliance to the Corporate Authorities.
The Corporate Authorities shall provide the grantee with notice and a reasonable
opportunity to be heard concerning the matter.
Section 7.28: Standards for Revocation or Lesser Sanctions: If persuaded
that the grantee has violated or failed to comply with material provisions of this
Ordinance, or of a franchise or license agreement, the Corporate Authorities shall
determine whether to revoke the license or franchise, or to establish some lesser sanction
and cure, considering the nature, circumstances, extent and gravity of the violation as
reflected by one or more of the following factors:
7.28.1: Whether the misconduct was egregious.
7.28.2: Whether substantial harm resulted.
7.28.3: Whether the violation was intentional.
37
7.28.4: Whether there is a history of prior violations of the same or other
requirements.
7.28.5: Whether there is a history of overall compliance.
7.28.6: Whether the violation was voluntarily disclosed, admitted or cured.
ARTICLE 8
CONSTRUCTION STANDARDS
Section 8.1: General: No person shall commence or continue with the
construction, installation or operation of Telecommunications Facilities within the Village
except as provided hereunder.
Section 8.2: Construction Codes: Telecommunications Facilities shall
be constructed, installed, operated and maintained in accordance with all applicable
federal, state and local codes, rules and regulations including, but not limited to, the
National Electrical Safety Code.
Section 8.3: Construction Permits: No person shall construct or install
any Telecommunications Facilities within the Village without first obtaining a
construction permit therefore, provided, however:
8.3.1: No permit shall be issued for the construction or installation of
telecommunications facilities within the Village unless the
telecommunications carrier has filed a registration statement with
the Village pursuant to Article 2 of this Ordinance.
8.3.2: No permit shall be issued for the construction or installation of
telecommunications facilities in the public ways unless the
telecommunications carrier has applied for and received a license
or franchise pursuant to Articles 3, 4 or 5 of this Ordinance.
8.3.3: No permit shall be issued for the construction or installation of
telecommunications facilities without payment of the construction
permit fee established in Section 6.6 of this Ordinance.
Section 8.4: Applications: Applications for permits to construct
Telecommunications Facilities shall be submitted upon forms to be provided by the
Village and shall be accompanied by drawings, plans and specifications in sufficient
detail to demonstrate:
8.4.1: That the facilities will be constructed in accordance with all
applicable codes, rules and regulations.
8.4.2: The location and route of all facilities to be installed on existing
utility poles.
8.4.3: The location and route of all facilities to be located under the
surface of the ground, including the line and grade proposed for
the burial at all points along the route which are within the Public
Ways.
8.4.4: The location of all existing underground utilities, conduits, ducts,
pipes, mains and installations which are within the Public Ways
along the underground route proposed by the applicant.
8.4.5: The location of all other facilities to be constructed within the
Village, but not within the Public Ways.
8.4.6: The construction methods to be employed for protection of
existing structures, fixtures, and facilities within or adjacent to the
Public Ways.
8.4.7: The location, dimension and types of all trees within or adjacent to
the public ways along the route proposed by the applicant,
together with a landscape plan for protecting, trimming, removing,
replacing and restoring any trees or areas to be disturbed during
construction.
Section 8.5: Engineer's Certification: All permit applications shall be
accompanied by the certification of a registered professional engineer that the drawings,
plans and specifications submitted with the application comply with applicable technical
codes, rules and regulations.
39
i
Section 8.6: Traffic Control Plan: All permit applications which
involve work on, in under, across or along any Public Ways shall be accompanied by a
traffic control plan demonstrating the protective measures and devices that will be
employed, consistent with Uniform Manual of Traffic Control Devices, to prevent injury
or damage to persons or property and to minimize disruptions to efficient pedestrian and
vehicular traffic.
Section 8.7: Issuance of Permit: Within forty -five (45) days after
submission of all plans and documents required of the applicant and payment of the
permit fees required by this Ordinance, the Village Engineer, if satisfied that the
applications, plans and documents comply with all requirements of this Ordinance, shall
issue a permit authorizing construction of the facilities, subject to such further conditions,
restrictions or regulations affecting the time, place and manner of performing the work as
he may deem necessary or appropriate.
Section 8.8: Construction Schedule: The permittee shall submit a
written construction schedule to the Village Engineer ten (10) working days before
commencing any work in or about the Public Ways. The permittee shall further notify the
Village Engineer not less than 2 working days in advance of any excavation or work in
the Public Ways.
Section 8.9: Compliance with Permit: All construction practices and
activities shall be in accordance with the permit and approved final plans and
specifications for the facilities. The Village Engineer and his representatives shall be
provided access to the work and such further information as he or she may require to
ensure compliance with such requirements.
Section 8.10: Display of Permit: The permittee shall maintain a copy of the
construction permit and approved plans at the construction site, which shall be displayed
and made available for inspection by the Village Engineer or his representatives at all
times when construction work is occurring.
Section 8.11: Survey of Underground Facilities: If the construction permit
specifies the location of facilities by depth, line, grade, proximity to other facilities or
other standards, the permittee shall cause the location of such facilities to be verified by a
registered Illinois land surveyor. The permittee shall relocate any facilities which are not
located in compliance with permit requirements.
,o
Section 8.12: Noncomplying Work: Upon order of the Village Engineer, all
work which does not comply with the permit, the approved plans and specifications for
the work, or the requirements of this Ordinance shall be removed.
Section 8.13: Completion of Construction: The permittee shall promptly
complete all construction activities so as to minimize disruption of the Public Ways and
other public and private property. All construction work authorized by a permit within
Village ways, including restoration, must be completed within 120 days of the date of
issuance.
Section 8.14: As -Built Drawings: Within sixty (60) days after completion of
construction, the permittee shall furnish the Village Engineer with two (2) complete sets
of plans, drawn to scale and certified to the Village as accurately depicting the location of
all Telecommunications Facilities constructed pursuant to the permit.
Section 8.15: Restoration of Improvements: Upon completion of any
construction work, the permittee shall promptly repair any and all public ways and
provide property improvements, fixtures, structures and facilities in the public ways or
otherwise damaged during the course of construction, restoring the same as nearly as
practicable to its condition before the start of construction.
Section 8.16: Landscape Restoration:
8.16.1: All trees, landscaping and grounds removed, damaged or
disturbed as a result of the construction, installation, maintenance,
repair or replacement of Telecommunications Facilities, whether
such work is done pursuant to a franchise, license or permit, shall
be replaced or restored as nearly as may be practicable, to the
condition existing prior to performance of work.
8.16.2: All restoration work within the Public Ways shall be done in
accordance with landscape plans approved by the Village
Engineer.
Section 8.17: Construction Surety: Prior to issuance of a construction permit,
the permittee shall provide a performance bond, as provided in Section 7.21 of this
Ordinance.
41
Section 8.18: Exceptions: Unless otherwise provided in a license or franchise
agreement, all telecommunications carriers are subject to the requirements of this Article 8.
Section 8.19: Responsibility of Owner: The owner of the facilities to be
constructed and, if different, the license or franchise grantee, is responsible for
performance of and compliance with all provisions of this Article.
Section 2: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication. This Ordinance may be published in pamphlet form.
This Ordinance shall not be codified.
AYES: 5 - Marienthal, Reid, Braiman, Hendricks, Glover
NAPES: 0 - None
ABSENT: 1 - Rubin
PASSED: October 21 51996
APPROVED: October 21
, 1996
PUBLISHED: October 21 , 1996
ATTEST:
VidAGE CLERK
42
APPROVED:
.s
VILLAGE PRESIDENT
o •
ORDINANCE NO. 96- 26
AN ORDINANCE ADDING CHAPTER 3.48 TO TITLE 3 OF THE VILLAGE OF BUFFALO GROVE
MUNICIPAL CODE IMPOSING A MUNICIPAL TELECOMMUNICATIONS TAX
WHEREAS, the Village of Buffalo Grove is a Home Rule municipality pursuant
to the Illinois Constitution of 1970; and
WHEREAS, it has been determined that in order in order to better supplement
corporate revenues to provide for services to the residential and commercial base
of the Village along with providing funding for ongoing capital improvements
funded on a corporate basis that the revenue base of the Village must continue
to be diversified; and
WHEREAS, the Village is empowered to enact legislation pertaining to its
local governmental affairs as is deemed necessary and in the best interests of
the Village; and
WHEREAS, since fiscal diversification to broaden the revenue base is in the
best interests of the Village, and the provision for a Municipal
Telecommunications Tax provides for such diversification.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, the following:
Section 1. There is hereby added Chapter 3.48, Municipal Telecommunications
Tax, to the Village of Buffalo Grove Municipal Code, which is to read as follows:
CHAPTER 3.48
MUNICIPAL TELECOMMUNICATIONS TAX
3.48.010
Definitions
3.48.020
Tax Imposed
3.48.030
Collection of Tax by
Retailers
3.48.040
Filing Returns and
Remittances by
Retailers
3.48.050
Registration
3.48.060
Obligation of Taxpayer
to File Returns
and Pay Tax
3.48.070
Resale Numbers
3.48.080
Maintaining Books and
Records
3.48.090
Late Payment Penalty
3.48.100
Refunds
3.48.110
Violation- Penalty
Section 3.48.010, Definitions.
A. For purposes of this Chapter, the following definitions shall apply
unless the context clearly indicates or requires a different
meaning:
1. "Amount paid" means the amount charged to the taxpayer's service
address in the Village regardless of where such amount is billed or
paid.
2. "Gross charge" means the amount paid for the act or privilege of
o •
originating or receiving telecommunications in the Village and for
all services rendered in connection therewith, valued in money
whether paid in money or otherwise, including cash, credits,
services and property of every kind or nature, and shall be
determined without any deduction on account of the cost of such
telecommunications, the cost of the materials used, labor or service
costs or any other expense whatsoever. In case credit is extended,
the amount thereof shall be included only as and when paid.
However, "gross charge" shall not include the following:
a. Any amounts added to a purchaser's bill because of a charge
made pursuant to: (i) the tax imposed by this Chapter, (ii)
additional charges added to a purchaser's bill pursuant to
Section 9 -222 of the Public Utilities Act [220 ILCS 5/9 -222],
(iii) the tax imposed by the Telecommunications Excise Tax Act
(35 ILCS 630/1], or (iv) the tax imposed by Section 4251 of
the Internal Revenue Code (26 U.S.C. Section 4251];
b. Charges for a sent collect telecommunication received outside
of the Village;
C. Charges for leased time on equipment or charges for the
storage of data or information or subsequent retrieval of the
processing of data or information intended to change its form
or content. Such equipment includes, but is not limited to,
the use of calculators, computers, data processing equipment,
tabulating equipment or accounting equipment and also includes
the usage of computers under a time - sharing agreement;
d. Charges for customer equipment, including such equipment that
is leased or rented by the customer from any source, wherein
such charges are disaggregated and separately identified from
other charges;
e. Charges to business enterprises certified under Section 9-
222.1 of the Public Utilities Act (220 ILCS 5/9- 222.1) to the
extent of such exemption and during the period of time
specified by the Department of Commerce and Community Affairs;
f. Charges for telecommunications and all services and equipment
provided in connection therewith between a parent corporation
and its wholly owned subsidiaries or between wholly owned
subsidiaries when the tax imposed under this Chapter has
already been paid to a retailer and only to the extent that
the charges between the parent corporation and wholly owned
subsidiaries or between wholly owned subsidiaries represent
expense allocation between the corporations and not the
generation of profit for the corporation rendering such
service;
g. Bad Debts, which are intended to mean any portion of a debt
that is related to a sale at retail for which gross charges
are not otherwise deductible or excludable that have become
worthless or uncollectible, as determined under applicable
federal income tax standards. If the portion of the debt
deemed to be bad is subsequently paid, the retailer shall
report and pay the tax on that portion during the reporting
period in which the payment is made; or
h. Charges paid by inserting coins in coin - operated
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telecommunication devices.
3. "Interstate telecommunications" means all telecommunications that
either originate or terminate outside of this State.
4. "Intrastate telecommunications" means all telecommunications that
originate and terminate within this State.
"Person" means any natural individual, firm, trust, estate,
partnership, association, joint stock company, joint venture,
corporation, limited liability company or a receiver, trustee,
guardian or other representative appointed by order of any court,
the Federal and State governments, including State universities
created by statute, or any city, town, county, or other political
subdivision of this State.
6. "Purchase at retail" means the acquisition, consumption or use of
telecommunications through a sale at retail.
7. "Retailer" means and includes every person engaged in the business
of making sales at retail as defined in this Chapter. The Village,
may in its discretion, upon application, authorize the collection of
the tax hereby imposed by any retailer not maintaining a place of
business within this State, who to the satisfaction of the Village,
furnishes adequate security to insure the collection and payment of
the tax. Such retailer shall be issued, without charge, a permit to
collect such tax. When so authorized, it shall be the duty of such
retailer to collect the tax upon all of the gross charges for
telecommunications in the Village in the same manner and subject to
the same requirements as a retailer maintaining a place of business
within the Village.
8. "Retailer maintaining a place of business in this State ", or any like
term means and includes any retailer having or maintaining within
this State, directly or by a subsidiary, an office, distribution
facilities, transmission facilities, sales office, warehouse or
other place of business, or any agent or other representative
operating within this State under the authority of the retailer or
its subsidiary, irrespective of whether such place of business or
agent or other representative is located here permanently or
temporarily, or whether such retailer or subsidiary is licensed to
do business in this State.
"Sale at retail" means the transmitting, supplying or furnishing of
telecommunications and all services rendered in connection therewith
for a consideration, to persons other than the Village, Federal and
State governments, and State universities created by statute and
other than between a parent corporation and its wholly owned
subsidiaries or between wholly owned subsidiaries, when the tax has
already been paid to a retailer and the gross charge made by one
such corporation to another such corporation is not greater than the
gross charge paid to the retailer for their use or consumption and
not for resale.
10. "Service address" means the location of telecommunications equipment
from which telecommunications services are originated or at which
telecommunications services are received by a taxpayer. If this is
not a defined location, as in the case of mobile phones, paging
systems, maritime systems, air -to- ground systems and the like,
"service address" shall mean the location of a taxpayer's primary use
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of the telecommunications equipment as defined by telephone number,
authorization code, or location in Illinois where bills are sent.
11. "Taxpayer" means a person who individually or through agents,
employees or permitees. engages in the act or privilege of
originating in the Village or receiving in the Village
telecommunications and who incurs a tax liability under this
Chapter.
12. "Telecommunications ", in addition to the usual and popular meaning,
includes, but is not limited to, messages or information transmitted
through use of local, toll and wide area telephone service, channel
services, telegraph services, teletypewriter service, computer
exchange services, cellular mobile telecommunications service,
specialized mobile radio services, paging service, or any other form
of mobile and portable one -way or two -way communications, or any
other transmission of messages or information by electronic or
similar means, between or among points by wire, cable, fiber optics,
laser, microwave, radio, satellite or similar facilities. The
definition of "telecommunications" shall not include value added
services in which computer processing applications are used to act
on the form, content, code and protocol of the information for
purposes other than transmission. "Telecommunications" shall not
include purchase of telecommunications by a telecommunications
service provider for use as a component part of the service provided
by such provider to the ultimate retail customer who originates or
terminates the taxable end -to -end communications. carrier access
charges, right of access charges, charges for use of inter - company
facilities, and all telecommunications resold in the subsequent
provision used as a component of, or integrated into, end -to -end
telecommunications service shall be non - taxable as sales for resale.
13. "Village" means the Village of Buffalo Grove, Illinois. In addition,
any reference to "Department" and "Director of Finance" means the
Village's Department of Finance and General Services and Director of
Finance.
Section 3.48.020, Tax Imposed.
A. A tax is hereby imposed upon any or all of the following acts or
privileges:
1. The act or privilege of originating or receiving in the Village
intrastate telecommunications by a person at a rate not to exceed
one percent (1%) of the gross charge for such telecommunications
purchased at retail from a retailer by such person. However, such
tax is not imposed on such act or privilege to the extent such act
or privilege may not, under the Constitution and statutes of the
United States, be made the subject to taxation by the Village.
2. The act or privilege of originating in the Village or receiving in
the Village interstate telecommunications by a person at a rate not
to exceed one percent (1%) of the gross charge for such
telecommunications purchased at retail from a retailer by such
person. To prevent actual multi -state taxation of the act or
privilege that is subject to taxation under this paragraph, any
taxpayer, upon proof that the taxpayer has paid a tax in another
state on such event, shall be allowed a credit to the extent of the
amount of such tax properly due and paid in such other state which
was not previously allowed as a credit against any other state or
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local tax in this State. The tax imposed herein is not imposed on
the act or privilege to the extent such act or privilege may not,
under the Constitution or statutes of the United States, be made the
subject of taxation by the Village.
Section 3.48.030, Collection of Tax by Retailers.
A. Any retailer maintaining a place of business in this state and
making or effectuating a sale at retail shall collect the tax
imposed by Section 3.48.020 from the taxpayer and remit it to the
Village's Director of Finance as provided by Section 3.48.040.
B. Any tax required to be collected pursuant to Section 3.48.020 and
any tax collected by the retailer shall constitute a debt owed by
the retailer to the Village.
C. The retailer shall collect the tax from the taxpayer by adding the
tax to the gross charge for the act or privilege of originating or
receiving telecommunications when sold for use in the manner
prescribed within this Chapter.
D. The tax imposed by this Chapter shall constitute a debt of the
purchaser to the retailer providing taxable services until paid and
if unpaid, is recoverable at law in the same manner as the original
charge for taxable services.
E. The Director of Finance shall, upon application, authorize the
collection of this tax by any retailer not maintaining a place of
business in this state who, to the satisfaction of the Director of
Finance furnishes adequate security to ensure collection and payment
of the tax. Such retailer shall be issued, without charge, a permit
to collect the tax imposed by Section 3.48.020. When so authorized,
it shall be the duty of the retailer to collect the tax upon all of
the gross charges for telecommunications originated or received in
the Village in the same manner, and subject to the same
requirements, as a retailer maintaining a place of business in this
state.
F. The tax authorized by Section 3.48.020 shall, when collected, be
stated as a distinct item separate and apart from the gross charge
for telecommunications.
Section 3.48.040, Filing Returns and Remittances by Retailers.
A. On or before the last day of each calendar month, every retailer
maintaining a place of business in this state and every retailer
authorized by the Director of Finance to collect the tax imposed by
Section 3.48.020 shall file with the Director of Finance a
remittance return and remit all applicable tax for the preceding
calendar month. The return shall be filed on a form prescribed by
the Village, containing such information as the Village may
reasonably require.
Section 3.48.050, Registration.
A. Every retailer maintaining a place of business in this state shall
register with the Village within thirty (30) days after the
effective date of this Chapter. Every person becoming a retailer
maintaining a place of business in this state after the effective
date of this Chapter shall register with the Village within thirty
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(30) days after commencing that business. It shall be the duty of
every retailer subject to the provisions of this Chapter to obtain
and properly file the registration materials referred to herein.
Section 3.48.060, Obligation of Taxpayers to File Returns and Pav Tax.
A. If a retailer fails to collect the tax imposed by Section 3.48.020
from a taxpayer, then the taxpayer shall pay the tax directly to the
Village. On or before the last day of each calendar month, every
taxpayer that has not paid the tax imposed under this Chapter to a
retailer shall file with the Director of Finance a tax return and
pay the tax upon the gross charges the taxpayer paid to the retailer
during the preceding calendar month. The return shall be filed on
a form prescribed by the Village, containing such information as the
Village may reasonably require.
Section 3.48.070, Resale Numbers.
A. If a person who originates or receives telecommunications in the
Village claims to be a reseller of telecommunications, that person
shall apply to the Director of Finance for a resale number. The
applicant shall state the facts showing why it is not liable for the
tax imposed by Section 3.48.020 on any purchases, of
telecommunications and shall furnish such additional information as
the Director of Finance may reasonably require.
B. Upon approval of the application, the Director of Finance shall
assign a resale number to the applicant and shall certify the number
to the applicant.
C. The Director of Finance may cancel the resale number of any person
if the number: (1) was obtained through misrepresentation, (2) is
used to originate or receive telecommunications tax -free when such
telecommunications are not for resale or (3) is no longer necessary
because the person has discontinued making resales.
D. The act or privilege of originating or receiving telecommunications
in the Village shall not be made tax -free on the ground of being a
sale for resale unless the person has an active resale number issued
by the Village and furnishes that number to the retailer in
connection with certifying to the retailer that a sale is non-
taxable as a sale for resale.
Section 3.48.080, Maintaining Books and Records.
A. Every retailer maintaining a place of business in this state, every
retailer authorized by the Director of Finance to collect the tax
imposed by Section 3.48.020 and every taxpayer required by Section
3.48.060 to pay the tax directly to the Village shall keep accurate
books and records of its business or activity, including original
source documents and books of entry denoting the transactions that
gave rise, or may have given rise, to any tax liability or
exemption. All such books and records shall be kept in the English
language and at all times during business hours of the day, shall be
subject to and available for inspection by the Director of Finance
or designee.
Section 3.48.090, Late Payment Penalty.
A. If any tax imposed by this Chapter is not paid when due, a late
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payment penalty equal to two percent (2%) of the unpaid tax shall be
added each month, or any portion thereof, that such tax remains
unpaid, and the total of such late penalty shall be paid along with
the tax imposed by this Chapter.
Section 3.48.100, Refunds.
A. No refund of taxes paid in error for any reason shall be made after
six months from the date of payment of said tax.
Section 3.48.110, Violation - Penalty.
A. Any person violating any of the provisions or failing to comply with
any of the mandatory requirements of this Chapter will be subject to
the general penalty provisions of Chapter 1.08 of the Village of
Buffalo Grove Municipal Code. Additionally, any taxpayer who is in
violation of this Chapter shall be liable in civil action for the
amount of any tax due, plus interest and costs.
SECTION 2. Severability. If any provision of this Ordinance, or the
application of any provision of this Ordinance is held unconstitutional or
otherwise invalid, such occurrence shall not affect other provisions of
this Ordinance, or their application, that can be given effect without
constitutional or invalid provision or its application. Each
unconstitutional or invalid provision, or application of such provision is
severable, unless otherwise provided by this Ordinance.
SECTION 3. The Village Clerk is hereby authorized to publish this
Ordinance in pamphlet form.
SECTION 4. This Ordinance shall be in full force and effect from and after
May 1, 1996 and after its passage, approval and publication.
AYES: 5 - Marienthal, Reid, Rubin, Braiman, Hendricks
NAYES: n -
ABSENT: 1 -
PASSED: March 18 ,1996.
APPROVED: March 18 ,1996.
PUBLISHED: March 19 ,1996.
ATTEST:
Villa Clerk
ORDINANCE NO. 96- 26
AN ORDINANCE ADDING CHAPTER 3.48 TO TITLE 3 OF THE VILLAGE OF BUFFALO GROVE
MUNICIPAL CODE IMPOSING A MUNICIPAL TELECOMMUNICATIONS TAX
WHEREAS, the Village of Buffalo Grove is a Home Rule municipality pursuant
to the Illinois Constitution of 1970; and
WHEREAS, it has been determined that in order in order to better supplement
corporate revenues to provide for services to the residential and commercial base
of the Village along with providing funding for ongoing capital improvements
funded on a corporate basis that the revenue base of the Village must continue
to be diversified; and
WHEREAS, the Village is empowered to enact legislation pertaining to its
local governmental affairs as is deemed necessary and in the best interests of
the Village; and
WHEREAS, since fiscal diversification to broaden the revenue base is in the
best interests of the Village, and the provision for a Municipal
Telecommunications Tax provides for such diversification.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, the following:
Section 1. There is hereby added Chapter 3.48, Municipal Telecommunications
Tax, to the Village of Buffalo Grove Municipal Code, which is to read as follows:
CHAPTER 3.48
MUNICIPAL TELECOMMUNICATIONS TAX
3.48.010
Definitions
3.48.020
Tax Imposed
3.48.030
Collection of Tax by
Retailers
3.48.040
Filing Returns and
Remittances by
Retailers
3.48.050
Registration
3.48.060
Obligation of Taxpayer
to File Returns
and Pay Tax
3.48.070
Resale Numbers
3.48.080
Maintaining Books and
Records
3.48.090
Late Payment Penalty
3.48.100
Refunds
3.48.110
Violation - Penalty
Section 3.48.010, Definitions.
A. For purposes of this Chapter, the following definitions shall apply
unless the context clearly indicates or requires a different
meaning:
1. "Amount paid" means the amount charged to the taxpayer's service
address in the Village regardless of where such amount is billed or
paid.
2. "Gross charge" means the amount paid for the act or privilege of
originating or receiving telecommunications in the Village and for
all services rendered in connection therewith, valued in money
whether paid in money or otherwise, including cash, credits,
services and property of every kind or nature, and shall be
determined without any deduction on account of the cost of such
telecommunications, the cost of the materials used, labor or service
costs or any other expense whatsoever. In case credit is extended,
the amount thereof shall be included only as and when paid.
However, "gross charge" shall not include the following:
a. Any amounts added to a purchaser's bill because of a charge
made pursuant to: (i) the tax imposed by this Chapter, (ii)
additional charges added to a purchaser's bill pursuant to
Section 9 -222 of the Public Utilities Act [220 ILCS 5/9 -222],
(iii) the tax imposed by the Telecommunications Excise Tax Act
[35 ILCS 630/1], or (iv) the tax imposed by Section 4251 of
the Internal Revenue Code [26 U.S.C. Section 4251);
b. Charges for a sent collect telecommunication received outside
of the Village;
C. Charges for leased time on equipment or charges for the
storage of data or information or subsequent retrieval of the
processing of data or information intended to change its form
or content. Such equipment includes, but is not limited to,
the use of calculators, computers, data processing equipment,
tabulating equipment or accounting equipment and also includes
the usage of computers under a time - sharing agreement;
d. Charges for customer equipment, including such equipment that
is leased or rented by the customer from any source, wherein
such charges are disaggregated and separately identified from
other charges;
e. Charges to business enterprises certified under section 9-
222.1 of the Public Utilities Act [220 ILCS 5/9- 222.1] to the
extent of such exemption and during the period of time
specified by the Department of Commerce and Community Affairs;
f. Charges for telecommunications and all services and equipment
provided in connection therewith between a parent corporation
and its wholly owned subsidiaries or between wholly owned
subsidiaries when the tax imposed under this Chapter has
already been paid to a retailer and only to the extent that
the charges between the parent corporation and wholly owned
subsidiaries or between wholly owned subsidiaries represent
expense allocation between the corporations and not the
generation of profit for the corporation rendering such
service;
g. Bad Debts, which are intended to mean any portion of a debt
that is related to a sale at retail for which gross charges
are not otherwise deductible or excludable that have become
worthless or uncollectible, as determined under applicable
federal income tax standards. If the portion of the debt
deemed to be bad is subsequently paid, the retailer shall
report and pay the tax on that portion during the reporting
period in which the payment is made; or
h. Charges paid by inserting coins in coin - operated
telecommunication devices.
3. "Interstate telecommunications" means all telecommunications that
either originate or terminate outside of this State.
4. "Intrastate telecommunications" means all telecommunications that
originate and terminate within this State.
5. "Person" means any natural individual, firm, trust, estate,
partnership, association, joint stock company, joint venture,
corporation, limited liability company or a receiver, trustee,
guardian or other representative appointed by order of any court,
the Federal and State governments, including State universities
created by statute, or any city, town, county, or other political
subdivision of this State.
6. "Purchase at retail" means the acquisition, consumption or use of
telecommunications through a sale at retail.
7. "Retailer" means and includes every person engaged in the business
of making sales at retail as defined in this Chapter. The Village,
may in its discretion, upon application, authorize the collection of
the tax hereby imposed by any retailer not maintaining a place of
- business within this State, who to the satisfaction of the Village,
furnishes adequate security to insure the collection and payment of
the tax. Such retailer shall be issued, without charge, a permit to
collect such tax. When so authorized, it shall be the duty of such
retailer to collect the tax upon all of the gross charges for
telecommunications in the Village in the same manner and subject to
the same requirements as a retailer maintaining a place of business
within the Village.
8. "Retailer maintaining a place of business in this State ", or any like
term means and includes any retailer having or maintaining within
this State, directly or by a subsidiary, an office, distribution
facilities, transmission facilities, sales office, warehouse or
other place of business, or any agent or other representative
operating within this State under the authority of the retailer or
its subsidiary, irrespective of whether such place of business or
agent or other representative is located here permanently or
temporarily, or whether such retailer or subsidiary is licensed to
do business in this State.
9. "Sale at retail" means the transmitting, supplying or furnishing of
telecommunications and all services rendered in connection therewith
for a consideration, to persons other than the Village, Federal and
State governments, and State universities created by statute and
other than between a parent corporation and its wholly owned
subsidiaries or between wholly owned subsidiaries, when the tax has
already been paid to a retailer and the gross charge made by one
such corporation to another such corporation is not greater than the
gross charge paid to the retailer for their use or consumption and
not for resale.
10. "Service address" means the location of telecommunications equipment
from which telecommunications services are originated or at which
telecommunications services are received by a taxpayer. If this is
not a defined location, as in the case of mobile phones, paging
systems, maritime systems, air -to- ground systems and the like,
"service address" shall mean the location of a taxpayer's primary use
of the telecommunications equipment as defined by telephone number,
authorization code, or location in Illinois where bills are sent.
11. "Taxpayer" means a person who individually or through agents,
employees or permitees engages in the act or privilege of
originating in the Village or receiving in the Village
telecommunications and who incurs a tax liability under this
Chapter.
12. "Telecommunications ", in addition to the usual and popular meaning,
includes, but is not limited to, messages or information transmitted
through use of local, toll and wide area telephone service, channel
services, telegraph services, teletypewriter service, computer
exchange services, cellular mobile telecommunications service,
specialized mobile radio services, paging service, or any other form
of mobile and portable one -way or two -way communications, or any
other transmission of messages or information by electronic or
similar means, between or among points by wire, cable, fiber optics,
laser, microwave, radio, satellite or similar facilities. The
definition of "telecommunications" shall not include value added
services in which computer processing applications are used to act
on the form, content, code and protocol of the information for
purposes other than transmission. "Telecommunications" shall not
include purchase of telecommunications by a telecommunications
service provider for use as a component part of the service provided
by such provider to the ultimate retail customer who originates or
terminates the taxable end -to -end communications. Carrier access
charges, right of access charges, charges for use of inter - company
facilities, and all telecommunications resold in the subsequent
provision used as a component of, or integrated into, end -to -end
telecommunications service shall be non - taxable as sales for resale.
13. "Village "means the Village of Buffalo Grove, Illinois. In addition,
any reference to "Department" and "Director of Finance" means the
Village's Department of Finance and General Services and Director of
Finance.
Section 3.48.020, Tax Imposed.
A. A tax is hereby imposed upon any or all of the following acts or
privileges:
1. The act or privilege of originating or receiving in the Village
intrastate telecommunications by a person at a rate not to exceed
one percent (1 %) of the gross charge for such telecommunications
purchased at retail from a retailer by such person. However, such
tax is not imposed on such act or privilege to the extent such act
or privilege may not, under the Constitution and statutes of the
United States, be made the subject to taxation by the Village.
2. The act or privilege of originating in the Village or receiving in
the Village interstate telecommunications by a person at a rate not
to exceed one percent (1%) of the gross charge for such
telecommunications purchased at retail from a retailer by such
person. To prevent actual multi -state taxation of the act or
privilege that is subject to taxation under this paragraph, any
taxpayer, upon proof that the taxpayer has paid a tax in another
state on such event, shall be allowed a credit to the extent of the
amount of such tax properly due and paid in such other state which
was not previously allowed as a credit against any other state or.
local tax in this State. The tax imposed herein is not imposed on
the act or privilege to the extent such act or privilege may not,
under the Constitution or statutes of the United States, be made the
subject of taxation by the Village.
Section 3.48.030, Collection of Tax by Retailers.
A. Any retailer maintaining a place of business in this state and
making or effectuating a sale at retail shall collect the tax
imposed by Section 3.48.020 from the taxpayer and remit it to the
Village's Director of Finance as provided by Section 3.48.040.
B. Any tax required to be collected pursuant to Section 3.48.020 and
any tax collected by the retailer shall constitute a debt owed by
the retailer to the Village.
C. The retailer shall collect the tax from the taxpayer by adding the
tax to the gross charge for the act or privilege of originating or
receiving telecommunications when sold for use in the manner
prescribed within this Chapter.
D. The tax imposed by this Chapter shall constitute a debt of the
purchaser to the retailer providing taxable services until paid and
.if unpaid, is recoverable at law in the same manner as the original
charge for taxable services.
E. The Director of Finance shall, upon application, authorize the
collection of this tax by any retailer not maintaining a place of
business in this state who, to the satisfaction of the Director of
Finance furnishes adequate security to ensure collection and payment
of the tax. Such retailer shall be issued, without charge, a permit
to collect the tax imposed by Section 3.48.020. When so authorized,
it shall be the duty of the retailer to collect the tax upon all of
the gross charges for telecommunications originated or received in
the Village in the same manner, and subject to the same
requirements, as a retailer maintaining a place of business in this
state.
F. The tax authorized by Section 3.48.020 shall, when collected, be
stated as a distinct item separate and apart from the gross charge
for telecommunications.
Section 3.48.040, Filing Returns and Remittances by Retailers.
A. On or before the last day of each calendar month, every retailer
maintaining a place of business in this state and every retailer
authorized by the Director of Finance to collect the tax imposed by
Section 3.48.020 shall file with the Director of Finance a
remittance return and remit all applicable tax for the preceding
calendar month. The return shall be filed on a form prescribed by
the Village, containing such information as the Village may
reasonably require.
Section 3.48.050, Registration.
A. Every retailer maintaining a place of business in this state shall
register with the Village within thirty (30) days after the
effective date of this Chapter. Every person becoming a retailer
maintaining a place of business in this state after the effective
date of this Chapter shall register with the Village within thirty
(30) days after commencing that business. It shall be the duty of
every retailer subject to the provisions of this Chapter to obtain
and properly file the registration materials referred to herein.
Section 3.48.060, Obligation of Taxpayers to File Returns and Pay Tax.
A. If a retailer fails to collect the tax imposed by Section 3.48.020
from a taxpayer, then the taxpayer shall pay the tax directly to the
Village. On or before the last day of each calendar month, every
taxpayer that has not paid the tax imposed under this Chapter to a
retailer shall file with the Director of Finance a tax return and
pay the tax upon the gross charges the taxpayer paid to the retailer
during the preceding calendar month. The return shall be filed on
a form prescribed by the Village, containing such information as the
Village may reasonably require.
Section 3.48.070, Resale Numbers.
A. If a person who originates or receives telecommunications in the
Village claims to be a reseller of telecommunications, that person
shall apply to the Director of Finance for a resale number. The
applicant shall state the facts showing why it is not liable for the
tax imposed by Section 3.48.020 on any purchases, of
telecommunications and shall furnish such additional information as
the Director of Finance may reasonably require.
B. Upon approval of the application, the Director of Finance shall
assign a resale number to the applicant and shall certify the number
to the applicant.
C. The Director of Finance may cancel the resale number of any person
if the number: (1) was obtained through misrepresentation, (2) is
used to originate or receive telecommunications tax -free when such
telecommunications are not for resale or (3) is no longer necessary
because the person has discontinued making resales.
D. The act or privilege of originating or receiving telecommunications
in the Village shall not be made tax -free on the ground of being a
sale for resale unless the person has an active resale number issued
by the Village and furnishes that number to the retailer in
connection with certifying to the retailer that a sale is non-
taxable as a sale for resale.
Section 3.48.080, Maintaining Books and Records.
A. Every retailer maintaining a place of business in this state, every
retailer authorized by the Director of Finance to collect the tax
imposed by Section 3.48.020 and every taxpayer required by Section
3.48.060 to pay the tax directly to the Village shall keep accurate
books and records of its business or activity, including original
source documents and books of entry denoting the transactions that
gave rise, or may have given rise, to any tax liability or
exemption. All such books and records shall be kept in the English
language and at all times during business hours of the day, shall be
subject to and available for inspection by the Director of Finance
or designee.
Section 3.48.090, Late Payment Penalty.
A. If any tax imposed by this Chapter is not paid when due, a late
payment penalty equal to two percent (2%) of the unpaid tax shall be
added each month, or any ,portion thereof, that such tax remains
unpaid, and the total of such late penalty shall be paid along with
the tax imposed by this Chapter.
Section 3.48.100, Refunds.
A. No refund of taxes paid in error for any reason shall be made after
six months from the date of payment of said tax.
Section 3.48.110, Violation - Penalty.
A. Any person violating any of the provisions or failing to comply with
any of the mandatory requirements of this Chapter will be subject to
the general penalty provisions of Chapter 1.08 of the Village of
Buffalo Grove Municipal Code. Additionally, any taxpayer who is in
violation of this Chapter shall be liable in civil action for the
amount of any tax due, plus interest and costs.
SECTION 2. Severability. If any provision of this Ordinance, or the
application of any provision of this Ordinance is held unconstitutional or
otherwise invalid, such occurrence shall not affect other provisions of
this Ordinance, or their application, that can be given effect without
constitutional or invalid provision or its application. Each
unconstitutional or invalid provision, or application of such provision is
Al severable, unless otherwise provided by this Ordinance.
SECTION 3. The Village Clerk is hereby authorized to publish this
Ordinance in pamphlet form.
SECTION 4. This Ordinance shall be in full force and effect from and after
May 1, 1996 and after its passage, approval and publication.
AYES: 5 - Marienthal Reid Rubin Braiman Hendricks
NAYES: 0 - None
ABSENT:_ 1 - Glover
PASSED: March 18 ,1996.
APPROVED: March 18 ,1996.
PUBLISHED: March 19 ,1996.
APPRO
Villag �sident
ATTEST: - �.���:;� q
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Villa Clerk