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1996-0739/10/96 VILLAGE OF BUFFALO GROVE TELECOMMUNICATIONS ORDINANCE Adopted: October 21, 1996 - Ordinance No. 96 - 3 9/10/96 0 0 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 0 • 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 9 9 Pae 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 e • 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 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 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 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 vi O • 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 e • 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: e • 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 e • 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. M e 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 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. Col o • 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. 7 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; M O • (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. 10 • 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. 12 • a 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. 13 • a 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. 14 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. 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 o • 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 9 0 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. 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. 23 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. 24 0 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. 25 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. 26 0 0 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. 27 • 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. 28 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 0 0 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. 30 • 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. 31 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; 32 0 0 (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 F _ 4 a i_ a - 3 i Y E E S 5 a: F> j `Y. 3 9 C, .fi E. F_ 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. C7 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. 7 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; E1 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. 10 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. 12 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. 13 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. 14 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. 23 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. 24 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. 27 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. 31 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; 32 (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 o • 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 o • 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 o • 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 o • (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 o • 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 j L Villa Clerk