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HomeMy WebLinkAbout5. OLD BUSINESS 11/20/2007 Mount Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: PROJECT ENGINEER DATE: NOVEMBER 15, 2007 SUBJECT: NEIGHBORHOOD TRAFFIC STUDY INTERSECTION TRAFFIC CONTROL ALONG EMERSON STREET - ZONE At the November 6th Village Board Meeting, several residents from North Emerson Street expressed concern with the recommended traffic control changes along their street. At two intersections along Emerson Street, the existing 4-way Stop signs are recommended to be converted to 2-way Stop signs. Of particular concern, residents believe removing the Stop signs on Emerson Street at Isabella Street will create a speeding problem near Emerson Park. They also expressed fear that it would be dangerous for pedestrians to cross Emerson Street without Stop signs. In addition, a couple of residents opposed the recommendation to remove the Stop signs on Henry Street at Emerson Street for similar reasons. In light of the comments, the Engineering Division reviewed the data once again to determine if there should be any modifications to the plan. After further review and consultation with KLOA Inc., the engineering firm who", performed the original traffic study, we have reaffirmed the original recommendations are of sound engineering reasoning. However, to mitigate the concerns raised at the last meeting, I would like to propose for the Village Board's consideration a couple of changes that still adheres to the program's guidelines and would be acceptable to Staff. First, at Emerson Street & Thayer Street, it was originally recommended to have Stop signs on Emerson Street to create an alternating pattern of stop and go along Thayer Street. However, Staff is proposing to have Stop signs on Thayer Street instead. By doing so, it would keep the traffic control on the same street as is seen today (Yield signs on Thayer Street currently) and the signs would control the lower volume street. The negative would be that Thayer Street would have a less consistent pattern of traffic control. And second, at Emerson Street & Isabella Street, it was originally recommended to have Stop signs on Isabella Street to create an alternating pattern of stop and go along Isabella Street. However, Staff is proposing to have Stop signs on Emerson Street instead. By doing so, Emerson Street would be controlled with Stop signs at both ends of Emerson Park. Signs would also now be on the lower volume street. The negative would be that Isabella Street would have less traffic control than it does today as well as a less consistent pattern. This modified plan provides the same traffic control along North Emerson Street as is seen today. The attached map highlights these changes. Those residents from North Emerson Street in attendance at the November 6th meeting have been notified about this potential change. Please include this information for the November 20th Village Board Meeting. Representatives from the Engineering Division will be in attendance to further discuss this issue and answer questions. .~ ~~ Attachment - Zone 9 Map 11/14/07 mla ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Section 18.2001, "SCHEDULE I - SPEED RESTRICTIONS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: Direction of Speed Limit "Name of Street Traffic Movement (MPH) Description Albert Street North and Southbound 25 Between Central Road and Northwest Highway Council Trail East and Westbound 20 Between Elmhurst Road and east Village limits Council Trail East and Westbound 25 Between See Gwun Avenue and Elmhurst Road Edward Street North and Southbound 25 Between Central Road and Lincoln Street Elm Street North and Southbound 25 Between Central Road and Evergreen Street Elm Street North and Southbound 25 Between Golf Road and Lonnquist Boulevard Elmhurst Road North and Southbound 35 Between Council Trail and Golf Road Elmhurst Road North and Southbound 30 Between IL Route 83 and Council Trail Emerson Street North and Southbound 25 Between Lonnquist Boulevard and Sha Bonee Trail Emerson Street North and Southbound 20 Between Prospect Avenue and Sha Bonee Trail Golfview Place North and Southbound 25 Between Golf Road and Golfview Avenue Gregory Street East and Westbound 20 Between Main Street and William Street Highland Street East and Westbound 25 Between Forest Avenue and Main Street Illinois Rte 83 East and Westbound 30 Between Elmhurst Avenue and Main Street 2 Direction of Speed Limit Name of Street Traffic Movement (MPH) Description Judith Ann Drive East and Westbound 10 Entire jurisdiction Lincoln Street East and Westbound 25 Between Route 83 (Lincoln Street) and William Street Main Street North and Southbound 30 Between Prospect Avenue and Central Road Main Street North and Southbound 25 Between Route 83 and Central Road Maple Street North and Southbound 25 Between Golf Road and Lonnquist Boulevard Maple Street North and Southbound 25 Between Northwest Highway and Central Road Pine Street Southbound 25 Between Berkshire Lane and Lincoln Street Pine Street North and Southbound 25 Between Lincoln Street and Kensington Road Pine Street North and Southbound 25 Between Route 83 and Prospect Avenue Sha Bonee Trail East and Westbound 25 Between Maple Street and Na Wa Ta Avenue." SECTION TWO: That Section 18.2001, "SCHEDULE I - SPEED RESTRICTIONS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by inserting the following: Direction of Speed Limit "Name of Street Traffic Movement (MPH) Description Albert Street North and Southbound 25 Entire jurisdiction Berkshire Lane East and Westbound 25 Entire jurisdiction Byron Court North and Southbound 25 Entire jurisdiction Council Trail East and Westbound 25 Entire jurisdiction Edward Street North and Southbound 25 Entire jurisdiction Elm Street North and Southbound 25 Entire jurisdiction Elmhurst Road North and Southbound 30 Between Lincoln Street and Golf Road Emerson Court North and Southbound 25 Entire jurisdiction Emerson Street North and Southbound 25 Between Central Road and Highland Street Emerson Street North and Southbound 25 Between Country Lane and Northwest Highway 3 Direction of Speed Limit Name of Street Traffic Movement (MPH) Description Golfhurst Avenue East and Westbound 25 Entire jurisdiction Golfview Avenue East and Westbound 25 Entire jurisdiction Golfview Place North and Southbound 25 Entire jurisdiction Gregory Street East and Westbound 25 Between Main Street and William Street Hiawatha Court North and Southbound 25 Entire jurisdiction Highland Street East and Westbound 25 Entire jurisdiction Illinois Rte 83 East and Westbound 30 Between Lincoln Street and Main Street Inner Circle Drive North and Southbound 25 Entire jurisdiction Judith Ann Drive East and Westbound 25 Entire jurisdiction Lincoln Street East and Westbound 25 Between I L Rte 83 and Mount Prospect Road Main Street North and Southbound 30 Between IL Rte 83 (Lincoln Street) and Central Road Main Street North and Southbound 25 Sunset Road and IL Rte 83 Maple Street North and Southbound 25 Entire jurisdiction Marina Street North and Southbound 25 Entire jurisdiction Moehling Drive East and Westbound 25 Entire jurisdiction Pine Street North and Southbound 25 Entire jurisdiction Prospect Avenue East and Westbound 30 Between Maple Street and Mount Prospect Road Sha Bonee Trail East and Westbound 25 Between Na Wa Ta Avenue and Edward Street Tower Drive East and Westbound 25 Entire jurisdiction Tower Lane North and Southbound 25 Entire jurisdiction." SECTION THREE: That Section 18.2002, SCHEDULE II - "PROHIBITED TURNS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Name of Street Henry Street Direction of Traffic Movement Eastbound Prohibited Turn Left Into (Name of Street) Rand Road (6 a.m. - 9 a.m. & 5 p.m. - 6:30 p.m., Monday - Friday) 4 Direction of Prohibited Name of Street Traffic Movement Turn Into (Name of Street) Isabella Street Eastbound Left Rand Road (6 a.m. - 9 a.m. & 4 p.m.- 6:30 p.m., Monday -Friday) Louis Street Northbound Left Rand Road (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday) Louis Street Northbound Left Rand Road (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday) Rand Road Southbound Right Henry Street (4 p.m.-6:30 p.m., Monday -Friday) Rand Road Southbound Right Isabella Street (4 p.m.-6:30 p.m., Monday -Friday) Rand Road Southeastbound Right Louis Street." SECTION FOUR: That Section 18.2002, SCHEDULE II - "PROHIBITED TURNS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by inserting the following: "Name of Street Henry Street Direction of Traffic Movement Eastbound Prohibited Turn Left Into (Name of Street) Rand Road (6 a.m. - 9 a.m. & 4 p.m. - 6:30 p.m., Monday - Friday, excluding buses) Isabella Street Eastbound Left Rand Road (6 a.m. - 9 a.m. & 4 p.m. - 6:30 p.m., Monday - Friday, excluding buses) Louis Street Northbound Left Rand Road (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday, excluding buses) Rand Road Southeastbound Right Henry Street (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday, excluding buses) Rand Road Southeastbound Right Rand Road Southeastbound Right Isabella Street (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday, excluding buses) Louis Street (6 a.m.- 9 a.m. & 4 p.m.-6:30 p.m., Monday -Friday, excluding buses)." SECTION FIVE: That Section 18.2003, SCHEDULE III-ONE WAY STREETS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Name of Street Highland Street Direction of Traffic Movement Eastbound Description Between Elm Street and Rand Road." 5 SECTION SIX: That Subsection A, "STOP SIGNS," of Section 18.2004, of "SCHEDULE IV - STOP AND YIELD SIGNS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: Direction of "Name of Street Traffic Movement At Intersection with Elm Street North and Southbound Isabella Street Elmhurst Avenue Southbound Illinois Rte 83 Emerson Street North and Southbound Berkshire Lane Emerson Street North and Southbound Sunset Road Golfhurst Avenue East and Westbound George Street Gregory Street East and Westbound Elm Street Gregory Street Eastbound Rand Road Henry Street East and Westbound Emerson Street Isabella Street East and Westbound Emerson Street Lincoln Street East and Westbound Main Street Louis Street North and Southbound Henry Street School Street North and Southbound Henry Street Sunset Road East and Westbound Maple Street Sunset Road East and Westbound School Street Thayer Street East and Westbound Louis Street William Street Northbound Gregory Street." SECTION SEVEN: That Subsection A, "STOP SIGNS," of Section 18.2004, of "SCHEDULE IV - STOP AND YIELD SIGNS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by inserting the following: Direction of "Name of Street Traffic Movement At Intersection with Albert Street Southbound Central Road Albert Street North and Southbound Council Trail Albert Street Northbound Henry Street Berkshire Lane Eastbound School Street Country Lane Northbound Sunset Road Edward Street Northbound Henry Street Elm Street Southbound Berkshire Lane 6 Direction of "Name of Street Traffic Movement At I ntersection with Elm Street North and Southbound Thayer Street Emerson Court Southbound Emerson Street Emerson Street Westbound Country Lane Golfview Avenue East and Westbound Golfview Place Henry Street East and Westbound Maple Street Henry Street East and Westbound School Street Hiawatha Trail Westbound Byron Court Hiawatha Trail Eastbound Main Street Highland Street Eastbound Rand Road Louis Street Northbound Sha Bonee Trail Louis Street Northbound Sunset Road Main Street Southbound Berkshire Lane Main Street North and Southbound Sha Bonee Trail Main Street Southbound Sunset Road Maple Street Southbound Berkshire Lane Maple Street North and Southbound Isabella Street Maple Street North and Southbound Memory Lane Memory Lane East and Westbound Elm Street Memory Lane East and Westbound Emerson Street Orchard Place Eastbound Main Street Owen Street Southbound Berkshire Lane Owen Street Northbound Sha Bonee Trail Pine Street North and Southbound Sha Bonee Trail Prospect Avenue East and Westbound William Street School Street Southbound Lonnquist Boulevard School Street North and Southbound Thayer Street Sha Bonee Trail Eastbound Edward Street Sha Bonee Trail East and Westbound Wille Street 7 Direction of Name of Street Traffic Movement At Intersection with Sunset Road Eastbound Edward Street Sunset Road East and Westbound Elm Street Sunset Road East and Westbound Owen Street Sunset Road Westbound Tower Drive Thayer Street East and Westbound Emerson Street Thayer Street East and Westbound Maple Street T ower Drive Eastbound Country Lane Wille Street Southbound Berkshire Lane William Street Northbound Henry Street William Street Southbound Thayer Street." SECTION EIGHT: That Subsection S., "YIELD SIGNS," of Section 18.2004, of "SCHEDULE IV- STOP AND YIELD SIGNS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: Direction of "Name of Street Traffic Movement At Intersection with Elm Street North and Southbound Thayer Street Emerson Street Westbound Country Lane Henry Street East and Westbound Maple Street Main Street North and Southbound Sha Bonee Trail Pine Street North and Southbound Sha Bonee Trail Thayer Street East and Westbound Emerson Street Tower Drive Eastbound Country Lane Wille Street North and Southbound Sha Bonee Trail." SECTION NINE: That Section 18.2017, of "SCHEDULE XVII - RESTRICTED INTERSECTION MOVEMENTS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Intersection and Direction Eastbound traffic on Highland Street at its intersection with Rand Road Restriction Right turn only eastbound Highland Street onto Rand Road." SECTION TEN: That Section 18.2017, of "SCHEDULE XVII - RESTRICTED INTERSECTION MOVEMENTS," of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding the following: "Intersection and Direction Eastbound Highland Street at Rand Road Restriction No through movement to Highland Avenue 8 Intersection and Direction Westbound Highland Avenue at Rand Road Restriction No through movement to Highland Street." SECTION ELEVEN: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of November 2007. Richard M. Lohrstorfer Mayor Pro Tem ATTEST: M. Lisa Angell, Village Clerk H:\CLKO\files\WIN\ORDINANC\CH 18-Z0NEs9and 15november2007draft.doc RESIDENTIAL INTERSECTION TRAFFIC CONTROL PROGRAM - ZONE 9 RECOMMENDATIONS VILLAGE OF MOUNT PROSPECT '&J CONSULTANrSPROPOSALHAS STOP SIGNS ON EMERSON LEGEND .- STOP SIGN ~ YIELD SIGN 8 TRAFFIC SIGNAL t ALTERNATIVE PLAN EXISTING CONTROL ALONG EMERSON HIGHLAND MEMORY GREGORY ISABELLA THAYER HENRY CENTRAL STOP SIGN ON EMERSON UNCONTROLLED 2 STOP SIGNS ON EMERSON 4-WA Y STOP 2 YIELD SIGNS ON THAYER 4-WAY STOP STOP SIGNS ON EMERSON CONSULTANrSPROPOSALHAS STOP SIGNS ON ISABELLA CHANGES SWITCH STREETS CONTROLLED WITH STOP SIGNS ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 6 AND 9, AND APPENDIX A - DIVISIONS II AND III OF THE MUNICIPAL CODE ESTABLISHING STANDARDS FOR THE CONSTRUCTION OF FACILITIES ON PUBLIC RIGHTS-OF-WAY IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Village of Mount Prospect (the "Village) is a home rule municipality in accordance with the Constitution of the State of Illinois of 1970; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and governing the use of public right-of-way and that protect the public health, safety, and welfare of its citizens; and WHEREAS, the Village uses the public rights-of-way within its corporate limits to provide essential public services to its residents and businesses, including traffic control signals, street lights, water, sanitary sewer and storm sewer; and WHEREAS, other utility service providers, including electricity, telephone, natural gas and cable television and video service providers have placed, or from time to time may request to place, certain utility facilities in the public rights-of-way within the Village; and WHEREAS, legislatures and regulatory agencies at the State and federal levels have implemented changes in the regulatory framework to enhance competition in the providing of various utility services; and iManage:201715_3 1 t!.. WHEREAS, the combination of legislative and regulatory changes and the development of new technologies has led additional service providers to seek opportunities to provide services in the Village; and WHEREAS, these regulatory and technological changes have resulted in demands for access to and use of the public rights-of-way within the Village as service providers, particularly in the video and communications services, attempt to provide new or additional services to compete with incumbent service providers; and WHEREAS, unlike prior deregulations of utility services in which incumbent service providers have been required to make their transmission and/or distribution systems available to competitors, video and communications services seeking to compete with incumbent service providers are seeking to install their own facilities for delivering competing video and communications services; thereby increasing the number of service providers seeking access to and use of the public rights-of-way within the Village; and WHEREAS, the public rights-of-way within the Village are a limited public resource held in trust by the Village, the Illinois Department of Transportation, or the Cook County Highway Department, for the benefit of its citizens and the Village has a custodial duty to ensure that the public rights-of-way are used, repaired and maintained in a manner that best serves the public interest; and WHEREAS, the corporate authorities of the Village find and determine that it is necessary to and in the best interests of the public health, safety and general welfare to establish uniform standards and regulations for access to and use of the public rights-of-way within the Village by utility service providers and other persons iManage:201715_3 2 t" ....<':,J and entities that desire to place structures, facilities or equipment in the public rights- of-way, so as to (i) prevent interference with the use of streets, sidewalks, alleys and other public ways and places by the Village and the general public, (ii) protect against visual and physical obstructions to vehicular and pedestrian traffic, (iii) prevent interference with the facilities and operations of the Village's utilities and of other utilities lawfully located in public rights-of-way or property, (iv) protect against environmental damage, including damage to trees, from the installation of utility facilities, (v) preserve the character of the neighborhoods in which facilities are installed, (vi) prevent visual blight, and (vii) assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations; and WHEREAS, this Ordinance is enacted in the exercise of the Village's home rule powers, the Corporate Authorities having determined that the regulation of the use of the public rights-of-way within the Village is a matter pertaining to the affairs of the Village as provided in Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, in addition to the Village's powers as a home rule municipality, this Ordinance is adopted pursuant to the provisions of (i) the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq., including, without limitation, Sections 11-20-5, 11-20-10, 11- 42-11,11-42-11.2,11-80-1,11-80-3,11-80-6, 11-80-7, 11-80-8, 11-80-10, and 11- 80-13; (ii) Section 4 of the Telephone Company Act, 220 ILCS 65/4; (iii) the Illinois Highway Code, including, without limitation, Articles 7 and 9 thereof, 605 ILCS 5/1- 101 et seq.; (iv) the Simplified Municipal Telecommunications Tax Act, 35 ILCS iManage:201715_3 3 ~, 636/1 et seq. and (v) the Cable and Video Competition Law of 2007 t 220 I LCS 5/21- 110 et seq.; and WHEREAS, this Ordinance establishes generally applicable standards for construction on, over, above, along, upon, under, across, or within the public right- of-way, and for the use of and repair of the public right-of-way; and WHEREAS, in the enactment of this ordinance, the Village has considered a variety of standards for construction on, over, above, along, under, across, or within, use of and repair of the public right-of-way, including, but not limited to, the standards relating to Accommodation of Utilities on Right-of-Way of the Illinois State Highway System promulgated by the Illinois Department of Transportation and found at 92 III. Adm. Code' 530.10 et seq.; and WHEREAS, the Village hereby finds that it is in the best interest of the Village, the public and the utilities using the public rights-of-way to establish a comprehensive set of construction standards and requirements to achieve various beneficial goals, including, without limitation, enhancing the planning of new utility facilities; minimizing interference with, and damage to, rights-of-way and the streets, sidewalks, trees, and other structures and improvements located in, on, over and above the rights-of-way; and reducing costs and expenses to the public; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: iManage:201715_3 4 SECTION ONE: Recitals. The facts and statements contained in the preambles to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION TWO: Adoption. Chapter 9 of the Village Code of the Village of Mount Prospect shall be amended by deleting in its entirety Article VIII, entitled "Utility Permit Work Requirements", and inserting in its place a new Article VIII, entitled "Construction of Utility Facilities In The Public Rights-of-Way", that will read as follows: ARTICLE VIII. CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS-OF-WAY Sec. 9.801. Purpose and Scope. a) Purpose. The purpose of this Article is to establish policies and procedures for constructing facilities on rights-of-way, which will provide public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the rights-of-way and the Village as a whole. b) Intent. In enacting this Article, the Village intends to exercise its authority over the rights-of-way and, in particular, the use of the public ways and property by utilities, by establishing uniform standards to address issues presented by utility facilities, including without limitation: 1) prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places; 2) prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic; 3) prevent interference with the facilities and operations of the Village's utilities and of other utilities lawfully located in rights-of-way or public property; 4) protect against environmental damage, including damage to trees, from the installation, repair, and maintenance of utility facilities; iManage:201715_3 5 5) protect against increased stormwater run-off due to structures and materials that increase impermeable surfaces; 6) preserve the character of the neighborhoods in which facilities are installed; 7) preserve open space, particularly the tree-lined parkways that characterize the Village's residential neighborhoods; 8) prevent visual blight from the proliferation of facilities in the rights-of- way; and 9) assure the continued safe use and enjoyment of private properties adjacent to utility facilities locations. c) Facilities Subiect to This Article. This Article applies to all facilities on, over, above, along, upon, under, across, or within rights-of-way. A facility lawfully established prior to the effective date of this Article may continue to be maintained, repaired and operated by the utility as presently constructed and located, except as may be otherwise provided in any applicable franchise, license or similar agreement. d) Franchises. Licenses. or Similar Aqreements. The Village, in its discretion and as limited by law, may require utilities to enter into a franchise, license or similar agreement for the privilege of locating their facilities on, over, above, along, upon, under, across, or within rights-of-way. Utilities that are not required by law to enter into such an agreement may request that the Village enter into such an agreement. In such an agreement, the Village may provide for terms and conditions inconsistent with this Article. e) Effect of Franchises. Licenses. or Similar Agreements. 1) Utilities Other Than Telecommunications Providers. In the event that a utility other than a telecommunications provider has a franchise, license or similar agreement with the Village, such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof; provided, however, that the Village may impose on such provider such competitively neutral and nondiscriminatory requirements, terms and conditions set forth in this Chapter (a) as are necessary to preserve, protect or to advance the public safety and welfare or to manage rights-of-way, and (b) do not conflict with the requirements, terms and conditions set forth in such franchise, license or similar agreement with the Village. 2) Telecommunications Providers. In the event of any conflict with, or inconsistency between, the provisions of this Article and the iManage:201715_3 6 provisions of any franchise, license or similar agreement between the Village and any telecommunications provider, the provisions of such franchise, license or similar agreement shall govern and control during the term of such agreement and any lawful renewal or extension thereof; provided, however, that the Village may impose on such provider such competitively neutral and nondiscriminatory requirements, terms and conditions set forth in this Chapter (a) as are necessary to preserve, protect or to advance the public safety and welfare or to manage rights-of-way, and (b) do not conflict with the requirements, terms and conditions set forth in such franchise, license or similar agreement with the Village. f) Conflicts with Other Articles. This Article supersedes all Articles or parts of Articles adopted prior hereto that are in conflict herewith, to the extent of such conflict. g) Conflicts with State and Federal Laws. In the event that applicable federal or State laws or regulations conflict with the requirements of this Article, the utility shall comply with the requirements of this Article to the maximum extent possible without violating federal or State laws or regulations. h) Sound Enqineerinq Judqment. The Village shall use sound engineering judgment when administering this Article and may vary the standards, conditions, and requirements expressed in this Article when the Village so determines. Nothing herein shall be construed to limit the ability of the Village to regulate rights-of-way for the protection of the public health, safety and welfare. Sec. 9.802. Definitions. As used in this Article and unless the context clearly requires otherwise, the words and terms listed shall have the meanings ascribed to them in this Section. Any term not defined in this Section shall have the meaning ascribed to it in 92 III. Adm. Code' 530.30, unless the context clearly requires otherwise. "AASHTO" - American Association of State Highway and Transportation Officials. "Arboricultural Standards Manual" - That term as defined in Section 9.705 of this Code, the September 22, 2006, version of which is hereby adopted for purposes of this Chapter and any other Village Code provisions referencing that Manual, effective on and after December 2, 2007. "ANSI" - American National Standards Institute. "Applicant" - A person applying for a permit under this Article. "ASTM" - American Society for Testing and Materials. iManage:201715_3 7 "Backfill" - The methods or materials for replacing excavated material in a trench or pit. "Bore" or "Boring" - To excavate an underground cylindrical cavity for the insertion of a pipe or electrical conductor. "Cable operator" - That term as defined in 47 U.S.C. 522(5). "Cable service" - That term as defined in 47 U.S.C. 522(6). "Cable system" - That term as defined in 47 U.S.C. 522(7). "Carrier Pipe" - The pipe enclosing the liquid, gas or slurry to be transported. "Casing" - A structural protective enclosure for transmittal devices such as: carrier pipes, electrical conductors, and fiber optic devices. "Clear Zone" - The total roadside border area, starting at the edge of the pavement, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and a clear run-out area. The desired width is dependent upon the traffic volumes and speeds, and on the roadside geometry. Distances are specified in the AASHTO Roadside Design Guide. "Coating" - Protective wrapping or mastic cover applied to buried pipe for protection against external corrosion. "Code" - The Municipal Code of the Village of Mount Prospect. "Conductor" - Wire carrying electrical current. "Conduit" - A casing or encasement for wires or cables. "Construction" or "Construct" - The installation, repair, maintenance, placement, alteration, enlargement, demolition, modification or abandonment in place of facilities. "Cover" - The depth of earth or backfill over buried utility pipe or conductor. "Crossing Facility" - A facility that crosses one or more right-of-way lines of a right-of- way. "Director of Public Works" - That term as defined in Section 15-202 of this Code. "Disrupt the Right-of-Way" - For the purposes of this Article, any work that obstructs the right-of-way or causes a material adverse effect on the use of the right-of-way for iManage201715_3 8 its intended use. Such work may include, without limitation, the following: excavating or other cutting; placement (whether temporary or permanent) of materials, equipment, devices, or structures; damage to vegetation; tree trimming; and compaction or loosening of the soil, and shall not include the parking of vehicles or equipment on a highway in a manner that does not materially obstruct the flow of traffic. "Emergency" - Any immediate maintenance to the facility required for the safety of the public using or in the vicinity of the right-of-way or immediate maintenance required for the health and safety of the general public served by the utility. "Encasement" - Provision of a protective casing. "Engineer" - The Village Engineer or his or her designee. "Equipment" - Materials, tools, implements, supplies, and/or other items used to facilitate construction of facilities. "Excavation" - The making of a hole or cavity by removing material, or laying bare by digging. "Extra Heavy Pipe" - Pipe meeting ASTM standards for this pipe designation. "Facility" - All structures, devices, objects, and materials (including, but not limited to, track and rails, wires, ducts, fiber optic cable, antennas, vaults, boxes, equipment enclosures, cabinets, pedestals, poles, conduits, grates, covers, pipes, cables, and appurtenances thereto) located on, over, above, along, upon, under, across, or within rights-of-way under this Article. For purposes of this Article, the term "facility" shall not include any facility owned or operated by the Village, unless specifically noted otherwise. "Freestanding Facility" - A facility that is not a crossing facility or a parallel facility, such as an antenna, transformer, pump, or meter station. "Frontage Road" - Roadway, usually parallel, providing access to land adjacent to the highway where it is precluded by control of access to a highway. "Hazardous Materials" - Any substance or material which, due to its quantity, form, concentration, location, or other characteristics, is determined by the Director of Public Works to pose an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological balance of the environment, including, but not limited to explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents, flammables, corrosives or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation. iManage:201715_3 9 "Highway Code" - The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended from time to time. "Highway" - A specific type of right-of-way used for vehicular traffic including rural or urban roads or streets. "Highway" includes all highway land and improvements, including medians, roadways, ditches and embankments, bridges, drainage structures, signs, guardrails, protective structures and appurtenances necessary or convenient for vehicle traffic. "Holder" - A person or entity that has received authorization to offer or provide cable or video service from the IC pursuant to the Illinois Cable and Video Competition Law, 220 ILCS 5/21-401. "lOOT" - Illinois Department of Transportation. "ICC" -Illinois Commerce Commission. "Jacking" - Pushing a pipe horizontally under a roadway by mechanical means with or without boring. "Jetting" - Pushing a pipe through the earth using water under pressure to create a cavity ahead of the pipe. "Joint Use" - The use of pole lines, trenches or other facilities by two or more utilities. "J.U.L.I.E." - The Joint Utility Locating Information for Excavators utility notification program. "Major Intersection" - The intersection of two or more major arterial highways. "Occupancy" - The presence of facilities on, over or under right-of-way. "Parallel Facility" - A facility that is generally parallel or longitudinal to the centerline of a right-of-way. "Parkway" - That term as defined in Section 15.202 of this code. "Pavement Cut" - The removal of an area of pavement for access to facility or for the construction of a facility. "Permittee" - That entity to which a permit has been issued pursuant to Sections 9.804 and 9.805 of this Article. "Practicable" - That which is performable, feasible or possible, rather than that which is simply convenient. iManage:201715_3 10 "Pressure" - The internal force acting radially against the walls of a carrier pipe expressed in pounds per square inch gauge (psig). "Petroleum Products Pipelines" - Pipelines carrying crude or refined liquid petroleum products including, but not limited to, gasoline, distillates, propane, butane, or coal- slurry. "Prompt" - That which is done within a period of time specified by the Village. If no time period is specified, the period shall be 30 days. "Public Entity" - A legal entity that constitutes or is part of the government, whether at local, state or federal level. "Restoration" - The repair of a right-of-way, highway, roadway, or other area disrupted by the construction of a facility. "Right-of-Way" or "Rights-of-Way" - Any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including utility easements in which the Village has the right and authority to authorize, regulate or permit the location of facilities other than those of the Village, which are located within the corporate boundaries of the Village. ''Right-of- way" or "Rights-of-way" shall not include any real or personal Village property that is not specifically described in the previous two sentences and shall not include Village buildings, fixtures, and other structures or improvements, regardless of whether they are situated in the right-of-way. "Roadway" - That part of the highway that includes the pavement and shoulders. "Sale of Telecommunications at Retail" - The transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when 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 sale. "Security Fund" - That amount of security required pursuant to Section 9.810. "Shoulder" - A width of roadway, adjacent to the pavement, providing lateral support to the pavement edge and providing an area for emergency vehicular stops and storage of snow removed from the pavement. "Sound Engineering Judgment" - A decision(s) consistent with generally accepted engineering principles, practices and experience. "Telecommunications" - This term includes, but is not limited to, messages or information transmitted through use of local, toll, and wide area telephone service, iManage:201715_3 11 channel services, telegraph services, teletypewriter service, computer exchange service, private line services, specialized mobile radio services, cellular mobile telecommunications services, stationary two-way radio, paging service and any other form of mobile or portable one-way or two-way communications, and 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. "Private line" means a dedicated non-traffic sensitive service for a single customer that entitles the customer to exclusive or priority use of a communications channel, or a group of such channels, from one or more specified locations to one or more other specified locations. "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 consumer who originates or terminates the end-to-end communications. "Telecommunications" shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C. Sections 521 and following) as now or hereafter amended or cable or other programming services subject to an open video system fee payable to the Village through an open video system as defined in the Rules of the Federal Communications Commission (47 F.R. ~76.1500 and following) as now or hereafter amended. "Telecommunications Provider" - Means any person that installs, owns, operates or controls facilities in the right-of-way used or designed to be used to transmit telecommunications in any form. "Telecommunications Retailer" - Means and includes every person engaged In making sales of telecommunications at retail as defined herein. "Trench" - A relatively narrow open excavation for the installation of an underground facility. "Utility" - The individual or entity owning or operating any facility as defined in this Article. "Vent" - A pipe to allow the dissipation into the atmosphere of gases or vapors from an underground casing. "Video Service" - That term as defined in Section 21-201 (v) of the Illinois Cable and Video Competition Law of 2007, 220 ILCS 21-201 (v). "Village" - The Village of Mount Prospect. "Water Lines" - Pipelines carrying raw or potable water. iManage:201715_3 12 "Wet Boring" - Boring using water under pressure at the cutting auger to soften the earth and to provide a sluice for the excavated material. Sec. 9.803. Annual Registration Required. Every utility that occupies right-of-way within the Village shall register no later than January 15 of each year with the Director of Public Works, providing the utility's name, address and regular business telephone and telecopy numbers, the name of one or more contact persons who can act on behalf of the utility in connection with emergencies involving the utility's facilities in the right-of-way and a 24-hour telephone number for each such person, and evidence of insurance as required in Section 9.808 of this Article, in the form of a certificate of insurance. A telecommunications provider that has registered under Section 6.201 of this Code, and provided evidence of insurance as described above shall be deemed to have satisfied the registration under this Section. Sec. 9.804. Permit Required; Applications and Fees. a) Permit Required. No person shall construct (as defined in this Article) any facility on, over, above, along, upon, under, across, or within any Village right-of- way which (1) changes the location of the facility, (2) adds a new facility, (3) disrupts the right-of-way (as defined in this Article), or (4) materially increases the amount of area or space occupied by the facility on, over, above, along, under across or within the right-of-way, without first filing an application with the Director of Public Works and obtaining a permit from the Village therefor, except as otherwise provided in this Article. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right-of- way. b) Permit Application. All applications for permits pursuant to this Article shall be filed on a form provided by the Village and shall be filed in such number of duplicate copies as the Village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. c) Minimum General Application Requirements. The application shall be made by the utility or its duly authorized representative on a permit application form provided by the Village and shall contain, at a minimum, the following: 1) The utility's name and address and telephone and telecopy numbers; 2) The applicant's name and address, if different than the utility, its telephone, telecopy numbers, e-mail address, and its interest in the work; iManage:201715_3 13 3) The names, addresses and telephone and telecopy numbers and e- mail addresses of all professional consultants, if any, advising the applicant with respect to the application; 4) A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed; 5) Evidence that the utility has placed on file with the Village: i) A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the Illinois Manual on Uniform Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and ii) An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Village and shall promote protection of the safety and convenience of the public. Compliance with ICC regulations for emergency contingency plans constitutes compliance with this Section unless the Village finds that additional information or assurances are needed; 6) Eight (8) copies of CAD drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations, said drawings, plans and specifications to include the following details: i) A thorough representation of the work to be performed (i.e., identify what is being installed, removed, modified, etc.) and how the work will be performed (i.e., directional boring, open trench, overhead, etc.); ii) Identify the positions of the proposed work, i.e., provide offset distance to edge of pavement, back of curb, etc., or draw plans according to scale; iManage201715_3 14 iii) If the proposed work includes new underground installation, indicate the size of the conduit and the depth of installation; iv) If the work is to replace existing cable in conduit, indicate whether the new cable will be in the existing conduit, in new conduit but same location, or in new conduit and different location; v) If the work includes directional boring, indicate the location and size of the anticipated bore pits; vi) Identify all existing aboveground structures in the project area, including fire hydrants, valve vaults, manholes, utility poles, parkway trees (including diameter at four and one half feet (4 %' ) above ground), etc.; vii) Identify all sidewalks, driveways and other paved surfaces included within the scope of the project; viii) State the title of the project and the date the plan was prepared; ix) Identify a directional marker indicating at least a "North" direction; x) Provide a legend defining symbols, line types, etc.; xi) Identify addresses of properties included within the scope of the project; xii) Identify street names included within the scope of the project: xiii) Identify right-of-way lines and boundary lines of existing utility easements; xiv) Number all parkway trees on the plan; xv) Provide a contact name, address and phone number of the person responsible for the project; xvi) Work requiring a traffic control plan shall adhere to the specifications outlined in the Illinois Manual on Uniform Traffic Control Devices (92 III. Adm. Code 9545); xvii) Indicate on the plan that all disturbed areas are to be restored to their original condition or better, and all grass areas shall be replaced with sod. 7) Evidence of insurance as required in Section 9.808 of this Article; 8) Evidence of posting of the security fund as required in Section 9.810 of this Article; 9) Any request for a variance from one or more provisions of this Article (See Section 9.822); 10) Copies of any necessary County and/or State permits; and 11) Such additional information as may be reasonably required by the Village. iManage201715_3 15 d) Supplemental Application Requirements for Specific Types of Utilities. In addition to the requirements of Subsection c) of this Section, the permit application shall include the following items, as applicable to the specific utility that is the subject of the permit application: 1) In the case of the installation of a new electric power, communications, telecommunications, cable television service, video service or natural gas distribution system, evidence that any "Certificate of Public Convenience and Necessity" or other regulatory authorization that the applicant is required by law to obtain, or that the applicant has elected to obtain, has been issued by the ICC or other jurisdictional authority; 2) In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures; 3) In the case of water lines, indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied; 4) In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and the Metropolitan Water Reclamation District have been satisfied; or 5) In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed. e) Applicant's Duty to Update Information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the Village within thirty (30) days after the change necessitating the amendment. f) Application Fees. Unless otherwise provided by franchise, license, or similar agreement, all applications for permits pursuant to this Article shall be accompanied by a fee as set forth in Appendix A, Division II, of the Village Code. No application fee is required to be paid by any electricity utility that is paying the municipal electricity infrastructure maintenance fee pursuant to the Electricity Infrastructure Maintenance Fee Act. iManage:201715_3 16 Sec. 9.805. Action on Permit Applications. a) Villaqe Review of Permit Applications. Completed permit applications, containing all required documentation, shall be examined by the Director of Public Works within a reasonable time after filing. If the application does not conform to the requirements of all applicable ordinances, codes, laws, rules, and regulations, the Director of Public Works shall reject such application in writing, stating the reasons therefor. If the Director of Public Works is satisfied that the proposed work conforms to the requirements of this Article and all applicable ordinances, codes, laws, rules, and regulations, the Director of Public Works shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the applicant to demonstrate, to the satisfaction of the Director of Public Works that the construction proposed under the application shall be in full compliance with the requirements of this Article. The reasons for rejection of a permit may include any of the following: 1 ) 2) 3) 4) 5) 6) 7) 8) 9) b) Retailers. The permit application is incomplete; The proposed work encroaches on Village-owned facilities, unless otherwise approved; The proposed work may result in damage to Village-owned facilities; The proposed work may result in damage to privately owned facilities and/or structures; The proposed work may disrupt use of rights-of-way by others; The proposed work may present a conflict with other utilities; Noncompliance with Section 9.817 of this Chapter related to parkway tree protection; Noncompliance with any Village or county ordinance or state law Failure to reimburse the Village under Section 9.820 of this Chapter. Additional Villaqe Review of Applications of Telecommunications 1) Pursuant to Section 4 of the Telephone Company Act, 220 ILCS 65/4, a telecommunications retailer shall notify the Village that it intends to commence work governed by this Article for facilities for the provision of telecommunications services. Such notice shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the Village not less than ten (10) days prior to the commencement of work requiring no excavation and not less than thirty (30) days prior to the commencement of work requiring excavation. The Director of Public Works shall specify the portion of the right-of-way upon which the facility may be placed, used and constructed. 2) In the event that the Director of Public Works fails to provide such specification of location to the telecommunications retailer within iManage201715_3 17 either (i) ten (10) days after service of notice to the Village by the telecommunications retailer in the case of work not involving excavation for new construction or (ii) twenty-five (25) days after service of notice by the telecommunications retailer in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this Article. 3) Upon the provision of such specification by the Village, where a permit is required for work pursuant to Section 9.804 of this Article the telecommunications retailer shall submit to the Village an application for a permit and any and all plans, specifications and documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of Subsection (a) of this Section. c) Additional Villaoe Review of Applications of Holders of State Authorization Under the Cable and Video Competition Law of 2007. Applications by a utility that is a holder of a State-issued authorization under the Cable and Video Competition Law of 2007 shall be deemed granted forty-five (45) days after submission to the Village, unless otherwise acted upon by the Village, provided the holder has complied with applicable Village codes, ordinances and regulations. Sec. 9.806. Effect of Permit. a) Authoritv Granted: No Property Rioht or Other Interest Created. A permit from the Village authorizes a permittee to undertake only certain activities in accordance with this Article on rights-of-way, and does not create a property right or grant authority to the permittee to impinge upon the rights of others who may have an interest in the rights-of-way. b) Duration. No permit issued under this Chapter shall be valid for a period longer than one (1) year unless construction is actually begun within that period and is thereafter diligently pursued to completion. c) Pre-construction meetino required. No construction shall begin pursuant to a permit issued under this Chapter prior to attendance by the permittee and all major contractors and subcontractors who will perform any work under the permit at a pre-construction meeting. The pre-construction meeting shall be held at a date, time and place designated by the Village with such Village representatives in attendance as the Village deems necessary. The meeting shall be for the purpose of reviewing the work under the permit, and reviewing special considerations necessary in the areas where work will occur, including, without limitation, presence or absence of other utility facilities in the area and their locations, procedures to avoid disruption of other utilities, use of rights-of-way by the public during construction, and access and egress by adjacent property owners. iManage:201715_3 18 d) Compliance with All Laws Required. The issuance of a permit by the Village does not excuse the permittee from complying with other requirements of the Village, including the regulations described in Article VII of Chapter 9 of this Code, the Arboricultural Standards Manual, and applicable statutes, laws, ordinances, rules, and regulations. Sec. 9.807 Revised Permit Drawings. In the event that the actual locations of any facilities deviate in any material respect from the locations identified in the plans, drawings and specifications submitted with the permit application, the permittee shall submit a revised set of drawings or plans to the Village within ninety (90) days after the completion of the permitted work. The revised drawings or plans shall specifically identify where the locations of the actual facilities deviate from the locations approved in the permit. If any deviation from the permit also deviates from the requirements of this Article, it shall be treated as a request for variance in accordance with Section 9.822 of this Article. If the Village denies the request for a variance, then the permittee shall either remove the facility from the right-of-way or modify the facility so that it conforms to the permit and submit revised drawings or plans therefor. Sec. 9.808. Insurance. a) Required Coveraqes and Limits. Unless otherwise provided by franchise, license, or similar agreement, each utility occupying right-of-way or constructing any facility in the right-of-way shall secure and maintain the following liability insurance policies insuring the utility as named insured and naming the Village, and its elected and appointed officers, officials, agents, and employees as additional insureds on the policies listed in paragraphs 1 and 2 below: 1) Commercial general liability insurance, including premises- operations, explosion, collapse, and underground hazard (commonly referred to as "X", "C", and "U" coverages) and products-completed operations coverage with limits not less than: i) Five million dollars ($5,000,000) for bodily injury or death to each person; ii) Five million dollars ($5,000,000) for property damage resulting from anyone accident; and iii) Five million dollars ($5,000,000) for all other types of liability; 2) Automobile liability for owned, non-owned and hired vehicles with a combined single limit of three million dollars ($3,000,000) for personal injury and property damage for each accident; iManage:201715_3 19 3) Worker's compensation with statutory limits and 4) Employer's liability insurance with limits of not less than one million dollars ($1,000,000) per employee and per accident. If the utility is not providing such insurance to protect the contractors and subcontractors performing the work, then such contractors and subcontractors shall comply with this Section. b) Excess or Umbrella Policies. The coverages required by this Section may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following-form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. c) Copies Required. The utility shall provide copies of any of the policies required by this Section to the Village within ten (10) days following receipt of a written request therefor from the Village. d) Maintenance and Renewal of Required Coverages. The Insurance policies required by this Section 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 thirty (30) days after receipt by the Village, by registered mail or certified mail, return receipt requested, of a written notice addressed to the Village Manager of such intent to cancel or not to renew." Within ten (10) days after receipt by the Village of said notice, and in no event later than ten (10) days prior to said cancellation, the utility shall obtain and furnish to the Village evidence of replacement insurance policies meeting the requirements of this Section. e) Self-Insurance. A utility may self-insure all or a portion of the insurance coverage and limit requirements required by Subsection a) of this Section. A utility that self-insures is not required, to the extent of such self-insurance, to comply with the requirement for the naming of additional insureds under Subsection a), or the requirements of Subsections b), c) and d) of this Section. A utility that elects to self- insure shall provide to the Village evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limit requirements required under Subsection a) of this Section, such as evidence that the utility is a private self insurer under the Workers Compensation Act. iManage201715_3 20 f) Effect of Insurance and Self-Insurance on Utility's Liability. The legal liability of the utility to the Village and any person for any of the matters that are the subject of the insurance policies or self-insurance required by this Section shall not be limited by such insurance policies or self-insurance or by the recovery of any amounts thereunder. g) Insurance Companies. All insurance provided pursuant to this Section shall be effective under valid and enforceable policies, issued by insurers legally able to conduct business with the licensee in the State of Illinois. All insurance carriers and surplus line carriers shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company. Sec. 9.809. Indemnification. By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to defend, indemnify and hold the Village and its elected and appointed officials and officers, employees, agents and representatives harmless from and against any and all injuries, claims, demands, judgments, 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 utility or its affiliates, officers, employees, agents, contractors or subcontractors in the construction of facilities or occupancy of the rights-of-way, and in providing or offering service over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this Article or by a franchise, license, or similar agreement; provided, however, that the utility's indemnity obligations hereunder shall not apply to any injuries, claims, demands, judgments, damages, losses or expenses arising out of or resulting from the negligence, misconduct or breach of this Article by the Village, its officials, officers, employees, agents or representatives. Sec. 9.810. Security. a) Purpose. The permittee shall establish a Security Fund in a form and in an amount as set forth in this Section. The Security Fund shall be continuously maintained in accordance with this Section at the permittee's sole cost and expense until the completion of the work authorized under the permit. The Security Fund shall serve as security for: 1) The faithful performance by the permittee of all the requirements of this Article; 2) Any expenditure, damage, or loss incurred by the Village occasioned by the permittee's failure to comply with any codes, rules, regulations, orders, permits and other directives of the Village issued pursuant to this Article; and iManage:201715_3 21 3) The payment by permittee of all liens and all damages, claims, costs, or expenses that the Village may payor incur by reason of any action or non-performance by permittee in violation of this Article including, without limitation, any damage to public property or restoration work the permittee is required by this Article to perform that the Village must perform itself or have completed as a consequence solely of the permittee's failure to perform or complete, and all other payments due the Village from the permittee pursuant to this Article or any other applicable law. b) Form. The permittee shall provide the Security Fund to the Village in the form, at the permittee's election, of cash, a surety bond in a form acceptable to the Village, or an unconditional letter of credit in a form acceptable to the Village. Any surety bond or letter of credit provided pursuant to this Subsection shall, at a minimum: 1) Provide that it will not be canceled without prior notice to the Village and the permittee; 2) Not require the consent of the permittee prior to the collection by the Village of any amounts covered by it; and 3) Shall provide a location convenient to the Village and within the State of Illinois at which it can be drawn. c) Amount. The dollar amount of the Security Fund shall be sufficient to provide for the reasonably estimated cost to restore the right-of-way to at least as good a condition as that existing prior to the construction under the permit, as determined by the Director of Public Works, and may also include reasonable, directly related costs that the Village estimates are likely to be incurred if the permittee fails to perform such restoration. Where the construction of facilities proposed under the permit will be performed in phases in multiple locations in the Village, with each phase consisting of construction of facilities in one location or a related group of locations, and where construction in another phase will not be undertaken prior to substantial completion of restoration in the previous phase or phases, the Director of Public Works may, in the exercise of sound discretion, allow the permittee to post a single amount of security which shall be applicable to each phase of the construction under the permit. The amount of the Security Fund for phased construction shall be equal to the greatest amount that would have been required under the provisions of this Subsection (c) for any single phase. d) Withdrawals. The Village, upon fourteen (14) days advance written notice clearly stating the reason for, and its intention to exercise withdrawal rights under this Subsection, may withdraw an amount from the Security Fund, provided iManage201715_3 22 that the permittee has not reimbursed the Village for such amount within the fourteen (14) day notice period. Withdrawals may be made if the permittee: 1) Fails to make any payment required to be made by the permittee hereunder; 2) Fails to pay any liens relating to the facilities that are due and unpaid; 3) Fails to reimburse the Village for any damages, claims, costs or expenses which the Village has been compelled to payor incur by reason of any action or non-performance by the permittee; or 4) Fails to comply with any provision of this Article that the Village determines can be remedied by an expenditure of an amount in the Security Fund. e) Replenishment. Within fourteen (14) days after receipt of written notice from the Village that any amount has been withdrawn from the Security Fund, the permittee shall restore the Security Fund to the amount specified in Subsection c) of this Section. f) Interest. The permittee may request that any and all interest accrued on the amount in the Security Fund be returned to the permittee by the Village, upon written request for said withdrawal to the Village, provided that any such withdrawal does not reduce the Security Fund below the minimum balance required in Subsection c) of this Section. g) Closinq and Return of Security Fund. Upon completion of the work authorized under the permit, the permittee shall be entitled to the return of the Security Fund, or such portion thereof as remains on deposit, within a reasonable time after account is taken for all offsets necessary to compensate the Village for failure by the permittee to comply with any provisions of this Article or other applicable law. In the event of any revocation of the permit, the Security Fund, and any and all accrued interest therein, shall become the property of the Village to the extent necessary to cover any reasonable costs, loss or damage incurred by the Village as a result of said revocation, provided that any amounts in excess of said costs, loss or damage shall be refunded to the permittee. h) Riqhts Not Limited. The rights reserved to the Village with respect to the Security Fund are in addition to all other rights of the Village, whether reserved by this Article or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said Security Fund shall affect any other right the Village may have. Notwithstanding the foregoing, the Village shall not be entitled to a double monetary recovery with respect to any of its rights which may be infringed or otherwise violated. iManage:201715_3 23 Sec. 9.811. Permit Suspension and Revocation. a) Villaqe Riqht to Revoke Permit. The Village may revoke or suspend a permit issued pursuant to this Article for one or more of the following reasons: 1) Fraudulent, false, misrepresenting, or materially incomplete statements in the permit application; 2) Non-compliance with this Article; 3) Permittee's physical presence or presence of permittee's facilities on, over, above, along, upon, under, across, or within the rights-of- way presents a direct or imminent threat to the public health, safety, or welfare; or 4) Permittee's failure to construct the facilities substantially In accordance with the permit and approved plans. b) Notice of Revocation or Suspension. The Village shall send written notice of its intent to revoke or suspend a permit issued pursuant to this Article stating the reason or reasons for the revocation or suspension and the alternatives available to permittee under this Section 9.811. c) Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension. Upon receipt of a written notice of revocation or suspension from the Village, the permittee shall have the following options: 1) Immediately provide the Village with evidence that no cause exists for the revocation or suspension; 2) Immediately correct, to the satisfaction of the Village, the deficiencies stated in the written notice, providing written proof of such correction to the Village within five (5) working days after receipt of the written notice of revocation; or 3) Immediately remove the facilities located on, over, above, along, upon, under, across, or within the rights-of-way and restore the rights-of-way to the satisfaction of the Village providing written proof of such removal to the Village within ten (10) days after receipt of the written notice of revocation. The Village may, in its discretion, for good cause shown, extend the time periods provided in this Subsection. iManage201715_3 24 d) Stop Work Order. In addition to the issuance of a notice of revocation or suspension, the Village may issue a stop work order immediately upon discovery of any of the reasons for revocation set forth within Subsection a) of this Section. e) Failure or Refusal of the Permittee to Comply. If the permittee fails to comply with the provisions of Subsection c) of this Section, the Village or its designee may, at the option of the Village: (1) correct the deficiencies; (2) upon not less than twenty (20) days notice to the permittee, remove the subject facilities or equipment; or (3) after not less than thirty (30) days notice to the permittee of failure to cure the non-compliance, deem them abandoned and property of the Village. The permittee shall be liable in all events to the Village for all costs to correct deficiencies and for removal. Sec. 9.812. Change of Ownership or Owner's Identity or Legal Status. a) Notification of Change. A utility shall notify the Village no less than thirty (30) days prior to the transfer of ownership of any facility in the right-of-way or change in identity of the utility. The new owner of the utility or the facility shall have all the obligations and privileges enjoyed by the former owner under the permit, if any, and applicable laws, ordinances, rules and regulations, including this Article, with respect to the work and facilities in the right-of-way. b) Amended Permit. A new owner shall request that any current permit be amended to show current ownership. If the new owner fails to have a new or amended permit issued in its name, the new owner shall be presumed to have accepted, and agreed to be bound by, the terms and conditions of the permit if the new owner uses the facility or allows it to remain on the Village's right-of-way. c) Insurance and Bondinq. All required insurance coverage or bonding must be changed to reflect the name of the new owner upon transfer. Sec. 9.813. General Construction Standards. a) Standards and Principles. All construction in the right-of-way shall be consistent with applicable ordinances, codes, laws rules and regulations, and commonly recognized and accepted traffic control and construction principles, sound engineering judgment and, where applicable, the principles and standards set forth in the following lOOT publications, as amended from time to time: 1) Standard Specifications for Road and Bridge Construction; 2) Supplemental Specifications and Recurring Special Provisions; 3) Highway Design Manual; 4) Highway Standards Manual; iManage:201715_3 25 5) Standard Specifications for Traffic Control Items; 6) Illinois Manual on Uniform Traffic Control Devices (92 III. Adm. Code ' 545); 7) Flagger's Handbook; and 8) Work Site Protection Manual for Daylight Maintenance Operations. b) Interpretation of Municipal Standards and Principles. If a discrepancy exists between or among differing principles and standards required by this Article, the Director of Public Works shall determine, in the exercise of sound engineering judgment, which principles apply and such decision shall be final. If requested, the Director of Public Works shall state which standard or principle will apply to the construction, maintenance, or operation of a facility in the future. Sec. 9.814. Traffic Control. a) Minimum Requirements. The Village's minimum requirements for traffic protection are contained in IDOT's Illinois Manual on Uniform Traffic Control Devices and this Code. b) Warnina Sians. Protective Devices. and Flaaaers. The utility is responsible for providing and installing warning signs, protective devices and flaggers, when necessary, meeting applicable federal, state, and local requirements for protection of the public and the utility's workers when performing any work on the public rights-of-way. c) Interference with Traffic. All work shall be phased so that there is minimum interference with pedestrian and vehicular traffic. d) Notice When Access is Blocked. At least forty-eight (48) hours prior to beginning work that will partially or completely block access to any residence, business or institution, the utility shall notify the resident, business or institution of the approximate beginning time and duration of such work; provided, however, that in cases involving emergency repairs pursuant to Section 9.821 of this Article, the utility shall provide such notice as is practicable under the circumstances. e) Compliance. The utility shall take immediate action to correct any deficiencies in traffic protection requirements that are brought to the utility's attention by the Village. Sec. 9.815. Location of Facilities. iManage:201715_3 26 a) General Requirements. In addition to location requirements applicable to specific types of utility facilities, all utility facilities, regardless of type, shall be subject to the general location requirements of this subsection. 1) No Interference with Village Facilities. No utility facilities shall be placed in any location if the Director of Public Works determines that the proposed location will require the relocation or displacement of any of the Village's utility facilities or will otherwise interfere with the operation or maintenance of any of the Village's utility facilities. 2) Minimum Interference and Impact. The proposed location shall cause only the minimum possible interference with the use of the right-of-way and shall cause only the minimum possible impact upon, and interference with the rights and reasonable convenience of property owners who adjoin said right-of-way. 3) No Interference with Travel. No utility facility shall be placed in any location that interferes with the usual travel on such right-of-way. 4) No Limitations on Visibility. No utility facility shall be placed in any location so as to limit visibility of or by users of the right-of-way. 5) Size of Utility Facilities. The proposed installation shall use the smallest suitable vaults, boxes, equipment enclosures, power pedestals, and/or cabinets then in use by the facility owner, regardless of location, for the particular application. b) Parallel Facilities Located Within Hiqhwavs. 1) Overhead Parallel Facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if: i) Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit; ii) Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available; iii) Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone; iManage:201715_3 27 iv) No pole is located in the ditch line of a highway; and v) Any ground-mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line. 2) Underqround Parallel Facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if: i) The facility is located as near the right-of-way line as practicable from and parallel to the right-of-way line; ii) A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and iii) In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and any above-grounded appurtenance shall be located or as near the right-of-way line as practicable. c) Facilities Crossinq Hiqhwavs. 1) No Future Disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of Village highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities. 2) Culverts or Drainage Facilities. Crossing facilities shall not be located in culverts or drainage facilities. 3) 90 Deqree Crossinq Required. Crossing facilities shall cross at or as near to a ninety (90) degree angle to the centerline as practicable. 4) Overhead Power or Communication Facility. An overhead power or communication facility may cross a highway only if: i) It has a minimum vertical line clearance as required by ICC's rules entitled, "Construction of Electric Power and Communication Lines" (83 III. Adm. Code 305); iManage:201715_3 28 ii) Poles are located within one foot (0.3 m) of the right-of-way line of the highway and outside of the clear zone; and iii) Overhead crossings at major intersections are avoided. 5) Underqround Power or Communication Facility. An underground power or communication facility may cross a highway only if: i) The design materials and construction methods will provide maximum maintenance-free service life; and ii) Capacity for the utility's foreseeable future expansion needs is provided in the initial installation. 6) Markers. The Village may require the utility to provide a marker at each right-of-way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current Federal regulations. (49 C.F.R. 9192.707 (1989)). d) Underqround Facilities Crossinq or Adiacent to Villaqe-Owned Facilities. 1) Facilities must cross Village-owned facilities at ninety degree (900) angles; 2) Facilities must maintain a ten foot (10') horizontal and two foot (2') vertical separation from any Village-owned water or sewer line, or street light or street light wiring. e) Facilities to be Located Within Particular Riqhts-of-Way. The Village may require that facilities be located within particular rights-of-way that are not highways, rather than within particular highways. f) Freestanding Facilities. 1) The Village may restrict the location and size of any freestanding facility located within a right-of-way. 2) The Village may require any freestanding facility located within a right-of-way to be screened from view. 3) A utility shall screen any facility, lawfully established within a right- of-way prior to the effective date of this Article, within a reasonable period of time not to exceed one hundred and eighty (180) days after notification from the Village to screen that specific facility. iManage:201715_3 29 g) Facilities Installed Above Ground. Above ground facilities may be installed only if: 1) No other existing facilities in the area are located underground; 2) New underground installation is not technically feasible; and 3) The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single-pole construction with vertical configuration of conductors and cable. Existing utility poles and light standards shall be used wherever practicable; the installation of additional utility poles is strongly discouraged. h) Facility Attachments to Bridqes or Roadway Structures. 1) Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted. 2) A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations: i) The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility; ii) The type, length, value, and relative importance of the highway structure in the transportation system; iManage:201715_3 iii) The alternative routings available to the utility and their comparative practicability; 30 iv) The proposed method of attachment; v) The ability of the structure to bear the increased load of the proposed facility; vi) The degree of interference with bridge maintenance and painting; vii) The effect on the visual quality of the structure; and viii) The public benefit expected from the utility service as compared to the risk involved. i) Appearance Standards. 1) The Village may prohibit the installation of facilities in particular locations in order to preserve visual quality. 2) A facility may be constructed only if its construction does not require extensive removal or alteration of trees or terrain features visible to the right-of-way user or to adjacent residents and property owners, and if it does not impair the aesthetic quality of the lands being traversed. Sec. 9.816. Construction Methods and Materials. a) Standards and Requirements for Particular Types of Construction Methods. 1) Borinq or Jackinq. i) Pits and Shorinq. Boring or jacking under rights-of-way shall be accomplished from pits located at a minimum distance specified by the Director of Public Works from the edge of the pavement. Pits for boring or jacking shall be excavated no more than 48 hours in advance of boring or jacking operations and backfilled within 48 hours after boring or jacking operations are completed. While pits are open, they shall be clearly marked and protected by barricades. Shoring shall be designed, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that may be imposed upon it during the boring or jacking operation. iManage:201715_3 ii) Wet Borinq or Jettinq. Wet boring or jetting shall not be permitted under the roadway. 31 iii) Borings with Diameters Greater Than 6 Inches. Borings over six inches (0.15 m) in diameter shall be accomplished with an auger and following pipe, and the diameter of the auger shall not exceed the outside diameter of the following pipe by more than one inch (25 mm). iv) Borinos with Diameters 6 Inches or Less. Borings of six inches or less in diameter may be accomplished by either jacking, guided with auger, or auger and following pipe method. v) Tree Preservation. The construction, maintenance and repair of any facility located within the drip line of any tree shall be in compliance with Section 9.817 of this Chapter. 2) Trenching. Trenching for facility installation, repair, or maintenance on rights-of-way shall be done in accord with the applicable portions of Section 603 of IDOT's "Standard Specifications for Road and Bridge Construction." i) Lenoth. The length of open trench shall be kept to the practicable minimum consistent with requirements for pipe- line testing. Only one-half of any intersection may have an open trench at any time unless special permission is obtained from the Director of Public Works. ii) Open Trench and Excavated Material. Open trench and windrowed excavated material shall be protected as required by Chapter 6 of the Illinois Manual on Uniform Traffic Control Devices. Where practicable, the excavated material shall be deposited between the roadway and the trench as added protection. Excavated material shall not be allowed to remain on the paved portion of the roadway. Where right-of-way width does not allow for windrowing excavated material off the paved portion of the roadway, excavated material shall be hauled to an off-road location. iii) Drip Line of Trees. The utility shall comply with Section 9.817 of this Chapter in regard to trenching at or about any tree. 3) Backfillino. i) Any pit, trench, or excavation created during the installation of facilities shall be backfilled for its full width, depth, and length using methods and materials in accordance with IDOT's 32 iManage:201715_3 "Standard Specifications for Road and Bridge Construction." When excavated material is hauled away or is unsuitable for backfill, suitable granular backfill shall be used. ii) For a period of three (3) years from the date construction of a facility is completed, the utility shall be responsible to remove and restore any backfilled area that has settled due to construction of the facility. If so ordered by the Director of Public Works, the utility, at its expense, shall remove any pavement and backfill material to the top of the installed facility, place and properly compact new backfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper grades, as determined by the Director of Public Works. 4) Pavement Cuts. Pavement cuts for facility installation or repair shall be permitted on a highway only if that portion of the highway is closed to traffic. If a variance to the limitation set forth in this paragraph 4) is permitted under Section 9.822, the following requirements shall apply: i) Any excavation under pavements shall be backfilled and mechanically compacted as soon as practicable with granular material of CA-6 or CA-10 gradation, as designated by the Director of Public Works. ii) Restoration of pavement, in kind, shall be accomplished as soon as practicable, and temporary repair with bituminous mixture shall be provided immediately. Any subsequent failure of either the temporary repair or the restoration shall be rebuilt upon notification by the Village. iii) All saw cuts shall be full depth. iv) For all rights-of-way which have been reconstructed with a concrete surface/base in the last seven (7) years, or resurfaced in the last three (3) years, permits shall not be issued unless such work is determined to be an emergency repair or other work considered necessary and unforeseen before the time of the reconstruction or unless a pavement cut is necessary for a J.U.L.I.E. locate. 5) Encasement. i) Casing pipe shall be designed to withstand the load of the highway and any other superimposed loads. The casing shall iManage:201715_3 33 be continuous either by one-piece fabrication or by welding or jointed installation approved by the Village. ii) The venting, if any, of any encasement shall extend within one foot (0.3 m) of the right-of-way line. No above-ground vent pipes shall be located in the area established as clear zone for that particular section of the highway. iii) In the case of water main or service crossing, encasement shall be furnished between bore pits unless continuous pipe or Village approved jointed pipe is used under the roadway. Casing may be omitted only if pipe is installed prior to highway construction and carrier pipe is continuous or mechanical joints are of a type approved by the Village. Bell and spigot type pipe shall be encased regardless of installation method. iv) In the case of gas pipelines of 60 psig or less, encasement may be eliminated. v) In the case of gas pipelines or petroleum products pipelines with installations of more than 60 psig, encasement may be eliminated only if: (1) extra heavy pipe is used that precludes future maintenance or repair and (2) cathodic protection of the pipe is provided; vi) If encasement is eliminated for a gas or petroleum products pipeline, the facility shall be located so as to provide that construction does not disrupt the right-of-way. 6) Minimum Cover of Underqround Facilities. Cover shall be provided and maintained at least in the amount specified in the following table for minimum cover for the type of facility: TYPE OF FACILITY MINIMUM COVER Electric Lines 30 Inches (0.8 m) Communication, Cable Video Service Lines 18 to 24 Inches (0.6 m), as determined by Village Gas or Petroleum Products 30 Inches (0.8 m) Water Line Sufficient Cover to Provide Freeze Protection Sanitary Sewer, Storm Sewer, or Drainage Line Sufficient Cover to Provide Freeze Protection iManage:201715_3 34 b) Standards and Requirements for Particular Tvpes of Facilities. 1) Electric Power or Communication Lines. i) Code Compliance. Electric power or communications facilities within rights-of-way shall be constructed, operated, and maintained in conformity with the provisions of 83 III. Adm. Code Part 305 (formerly General Order 160 of the Illinois Commerce Commission) entitled "Rules for Construction of Electric Power and Communications Lines," and the National Electrical Safety Code. ii) Overhead Facilities. Overhead power or communication facilities shall use single pole construction and, where practicable, joint use of poles shall be used. Utilities shall make every reasonable effort to design the installation so guys and braces will not be needed. Variances may be allowed if there is no feasible alternative and if guy wires are equipped with guy guards for maximum visibility. iii) Underqround Facilities. (1) Cable may be installed by trenching or plowing, provided that special consideration is given to boring in order to minimize damage when crossing improved entrances and side roads. (2) If a crossing is installed by boring or jacking, encasement shall be provided between jacking or bore pits. Encasement may be eliminated only if: (a) the crossing is installed by the use of moles, whip augers, or other approved method which compress the earth to make the opening for cable installation or (b) the installation is by the open trench method which is only permitted prior to roadway construction. (3) Cable shall be grounded in accordance with the National Electrical Safety Code. iv) Burial of Drops. All temporary service drops placed between November 1 of the prior year and March 15 of the current year, also known as snowdrops, shall be buried by May 31 of the current year, weather permitting, unless otherwise permitted by the Village. Weather permitting, utilities shall bury all temporary drops, excluding snowdrops, within ten (10) business days after placement. 2) Underground Facilities Other than Electric Power or Communication Lines. Underground facilities other than electric power or communication lines may be installed by: iManage201715_3 35 i) the use of "moles," "whip augers," or other approved methods which compress the earth to move the opening for the pipe; ii) jacking or boring with vented encasement provided between the ditch lines or toes of slopes of the highway; iii) open trench with vented encasement between ultimate ditch lines or toes of slopes, but only if prior to roadway construction; or iv) tunneling with vented encasement, but only if installation is not possible by other means. 3) Gas Transmission. Distribution and Service. Gas pipelines within rights-of-way shall be constructed, maintained, and operated in a Village approved manner and in conformance with the Federal Code of the Office of Pipeline Safety Operations, Department of Transportation, Part 192 - Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards (49 CFR 9192), IDOT's "Standard Specifications for Road and Bridge Construction," and all other applicable laws, rules, and regulations. 4) Petroleum Products Pipelines. Petroleum products pipelines within rights-of-way shall conform to the applicable sections of ANSI Standard Code for Pressure Piping. (Liquid Petroleum Transportation Piping Systems ANSI-B 31.4). 5) Waterlines. Sanitarv Sewer Lines. Storm Water Sewer Lines or Drainaqe Lines. Water lines, sanitary sewer lines, storm sewer lines, and drainage lines within rights-of-way shall meet or exceed the recommendations of the current AStandard Specifications for Water and Sewer Main Construction in Illinois. 6) Ground Mounted Appurtenances. Ground mounted appurtenances to overhead or underground facilities, when permitted within a right- of-way, shall be provided with a vegetation-free area extending one foot (305 mm) in width beyond the appurtenance in all directions. The vegetation-free area may be provided by an extension of the mounting pad, or by heavy duty plastic or similar material approved by the Director of Public Works. With the approval of the Director of Public Works, shrubbery surrounding the appurtenance may be used in place of vegetation-free area. The housing for ground- mounted appurtenances shall be painted a neutral color to blend with the surroundings. iManage:201715_3 36 c) Materials. 1 ) General Standards. The materials used in constructing facilities within rights-of-way shall be those meeting the accepted standards of the appropriate industry, the applicable portions of lOOT's Standards Specifications for Road and Bridge Construction, the requirements of the Illinois Commerce Commission, or the standards established by other official regulatory agencies for the appropriate industry. 2) Material Storaqe on Riqht-of-Wav. No material shall be stored on the right-of-way without the prior written approval of the Director of Public Works. When such storage is permitted, all pipe, conduit, wire, poles, cross arms, or other materials shall be distributed along the right-of-way prior to and during installation in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or damage to the right-of-way and other property. If material is to be stored on right-of-way, prior approval must be obtained from the Village. 3) Hazardous Materials. The plans submitted by the utility to the Village shall identify any hazardous materials that may be involved in the construction of the new facilities or removal of any existing facilities. d) Operational Restrictions. 1) Construction operations on rights-of-way may, at the discretion of the Village, be required to be discontinued when such operations would create hazards to traffic or the public health, safety, and welfare. Such operations may also be required to be discontinued or restricted when conditions are such that construction would result in extensive damage to the right-of-way or other property. 2) These restrictions may be waived by the Director of Public Works when emergency work is required to restore vital utility services. 3) Unless otherwise permitted by the Village, the hours of construction are those set forth in the Village Code. e) Location of Existinq Facilities. Any utility proposing to construct facilities in the Village shall contact J.U.L.I.E. and ascertain the presence and location of existing above-ground and underground facilities within rights-of-way to be occupied by its proposed facilities. The Village will make its permit records available to a utility for the purpose of identifying possible facilities. When notified iManage:201715_3 37 of an excavation or when requested by the Village or by J.U.L.I.E., a utility shall locate and physically mark its underground facilities within 48 hours, excluding weekends and holidays, in accordance with the Illinois Underground Facilities Damage Prevention Act (220 ILCS 50/1 et seq.) Sec. 9.817. Tree Preservation. The construction, repair and maintenance of any facility and the trenching at or about any tree shall be conducted in compliance with Article VII of Chapter 9 of this Code, the Arboricultural Standards Manual and the following requirements: a) Tree Protection Requirements. To preserve the tree roots, no equipment operation, material storage, grade changes, excavation or open trenching will be permitted within the drip line of any parkway tree. In the event that this requirement is impossible, the following minimum required separation must be maintained between the edge of excavation, trench or pavement and the center of the tree: Tree Diameter (inches) <3 3-4 5-9 1 0-14 15-1 9 >19 Distance (feet) 1 2 5 10 12 15 b) The following activities are prohibited: i. Removal of trees without Village authorization ii. Damage to tree trunks and limbs; and iii. The nailing of materials onto trees. c) The following additional protective measures may be required, depending on the nature of the work: i. Snow fence at the drip line. ii. Preconstruction root pruning. Sec. 9.818. Vegetation Control. a) Electric Utilities - Compliance with State Laws and Requlations. An electric utility shall conduct all tree-trimming and vegetation control activities in the right-of-way in accordance with Section 9.817 of this Chapter,. applicable Illinois laws and regulations and additionally, with such local franchise or other agreement with the Village as permitted by law. b) Other Utilities - Tree Trimminq Permit Required. Tree trimming that is done by any other utility with facilities in the right-of-way and that is not performed pursuant to Section 9.817 of this Chapter, applicable Illinois laws and regulations iManage:201715_3 38 specifically governing same, shall not be considered a normal maintenance operation, but shall require the application for, and the issuance of, a permit, in addition to any other permit required under this Article. 1) Application for Tree Trimminq Permit. Applications for tree trimming permits shall include assurance that the work will be accomplished by competent workers with supervision who are experienced in accepted tree pruning practices. Tree trimming permits shall designate an expiration date in the interest of assuring that the work will be expeditiously accomplished. 2) Damaqe to Trees. Poor pruning practices resulting in damaged or misshapen trees will not be tolerated and shall be grounds for cancellation of the tree trimming permit and for assessment of damages. The Village will require compensation for trees damaged and for trees removed without authorization, as provided in Chapter 9, Article VII of the Village Code. The Village may require the removal and replacement of trees if trimming or radical pruning would leave them in an unacceptable condition. c) Specimen Trees or Trees of Special Siqnificance. The Village may require that special measures be taken to preserve specimen trees or trees of special significance. The required measures may consist of higher poles, side arm extensions, covered wire or other means. d) Chemical Use. 1) Except as provided in the following paragraph, no utility shall spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the Village for any purpose, including the control of growth, insects or disease. 2) Spraying of any type of brush-killing chemicals will not be permitted on rights-of-way unless the utility demonstrates to the satisfaction of the Director of Public Works that such spraying is the only practicable method of vegetation control. Sec. 9.819. Removal, Relocation, or Modifications of Utilitv Facilities. a) Notice. Within ninety (90) days following written notice from the Village, a utility shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any utility facilities within the rights-of-way whenever the corporate authorities have determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any Village improvement in or upon, or the operations of the Village in or upon, the rights-of-way. iManage:201715_3 39 b) Removal of Unauthorized Facilities. Within thirty (30) days following written notice from the Village, any utility that owns, controls, or maintains any unauthorized facility or related appurtenances within the rights-of-way shall, at its own expense, remove all or any part of such facilities or appurtenances from the rights-of-way. A facility is unauthorized and subject to removal in the following circumstances: 1) Upon expiration or termination of the permittee's license or franchise, unless otherwise permitted by applicable law; 2) If the facility was constructed or installed without the prior grant of a license or franchise, if required; 3) If the facility was constructed or installed without prior issuance of a required permit in violation of this Article; or 4) If the facility was constructed or installed at a location not permitted by the permittee's license or franchise. c) Emerqency Removal or Relocation of Facilities. The Village retains the right and privilege to cut or move any facilities located within the rights-of-way, as the Village may determine to be necessary, appropriate or useful in response to any public health or safety emergency. If circumstances permit, the municipality shall attempt to notify the utility, if known, prior to cutting or removing a facility and shall notify the utility, if known, after cutting or removing a facility. d) Abandonment of Facilities. Upon abandonment of a facility within the rights-of-way, the utility shall notify the Village within ninety (90) days. Following receipt of such notice the Village may direct the utility to remove all or any portion of the facility if the Director of Public Works determines that such removal will be in the best interest of the public health, safety and welfare. In the event that the Village does not direct the utility that abandoned the facility to remove it, by giving notice of abandonment to the Village, the abandoning utility shall be deemed to consent to the alteration or removal of all or any portion of the facility by another utility or person. Sec. 9.820. Clean-up and Restoration. a) Restoration. The utility shall remove all excess material and restore all turf and terrain and other property that are disturbed, damaged or destroyed due to construction or maintenance by the utility, all to the satisfaction of the Village. This includes restoration of entrances and side roads. Restoration of roadway surfaces shall be made using materials and methods approved by the Director of Public Works. Such cleanup and repair may be required to consist of backfilling, regrading, resodding, or any other requirement to restore the right-of-way to a iManage:201715_3 40 condition substantially equivalent to that which existed prior to the commencement of the project. b) SoddinQ. All disturbed grass areas in the rights-of-way shall be restored with sod, unless otherwise approved by the Director of Public Works. All sod delivered to the job site shall be kept moist and protected from exposure to the sun, wind, and freezing conditions until it is to be placed on the topsoil (depth of six inches (6"0 minimum). After the disturbed grass areas have been topsoiled, the area shall be carefully graded and fine-raked, then covered with sod. The sod shall be placed and rolled on the prepared surface with the edges in close contact and alternate courses staggered. The sod shall be placed only when the air temperature is less than ninety degrees (900) Fahrenheit. Starter fertilizer, having a mixture of nitrogen, phosphorus and potassium nutrients at a percentage of 6:24:24 of active ingredients, respectively, shall be spread at the rate specified in Article 252.03 of the Standard Specifications for Road and Bridge Construction. The utility shall maintain the sod on a daily basis and water as needed for a period of ten (10) consecutive days after which the utility shall request the property owner adjacent to the sodded area to assume the maintenance responsibility. The utility shall then contact the Public Works Department to request inspection of the sod. The Public Works Department shall evaluate the sod at the end of the ten (10) day watering period. Should the sod not survive the ten (10) day period, the utility shall remove and replace the sod, and water again for the same time period. After the ten (10) day watering period, the Public Works Department will reevaluate the new sod. Upon acceptance by the Public Works Department, the utility shall notify the adjacent property owner and request the owner to assume the maintenance responsibility, continuing to water the sod until the root system has taken hold. The utility must send a copy of this notification to the Engineering Division of the Public Works Department; otherwise the utility shall remain responsible for maintenance of the sod. c) Completion of Work; Final Inspection. At the completion of all work, including restoration, the utility shall contact the Engineering Division of the Public Works Department to request a final inspection. If any work is rejected, the Engineering Division will notify the utility in writing. All deficient work shall be corrected on or before the permit expiration date. A request for an extension to complete the restoration work may be approved on a case-by-case basis. If the work is not satisfactorily completed by the permit expiration or extension deadline date, the Village may complete the project, and invoice the utility for the Village's costs, which the utility shall be responsible to pay. The Village's costs will be based upon its current labor and equipment rates, or contractual costs, and current overtime rates if applicable. Materials will be invoiced at cost plus a twenty percent (20%) handling fee. No additional permits will be issued to a utility until the Village receives complete payment. d) Expiration of Permit. iManage:201715_3 41 1 . Project areas subject to permits issued between January 15th and September 30th shall be completely restored within one hundred and twenty (120) days of the date of issuance or before October 15th of that year, whichever comes first. Project areas subject to permits issued between October 1st and January 14th shall be completely restored within one hundred and twenty (120) days of the date of issuance or before May 15th. In the event that a project area has not been completely restored as provided herein, the permit shall be null and void. 2. Restoration activities are not required during winter months from November through April; however, all excavations shall be properly protected, filled to grade and made as aesthetically pleasing as possible. Earthen fill shall be added to maintain grade and asphalt added to paved areas by the utility whenever settling has occurred. 3. If a permit expires before work commences, the permit shall be null and void. 4. The utility shall be responsible to restore any backfilled area that has settled due to construction for a period of three (3) years from the date of approval of final inspection by the Public Works Department. Sod shall be used to restore all disturbed grass areas, unless otherwise approved. Sec. 9.821. Maintenance and Emergency Maintenance. a) General. Facilities on, over, above, along, upon, under, across, or within rights-of-way, including any required screening, are to be maintained by or for the utility in a manner satisfactory to the Village and at the utility's expense. b) Emerqency Maintenance Procedures. Emergencies may justify non- compliance with normal procedures for securing a permit: 1) In the event of an emergency, the utility shall request a verbal permit by calling the Engineering Division of the Public Works Department explaining the nature of the emergency, the location, the starting and completion date of the work, the name and phone number of a utility contact person, what steps have been or will be taken for protection of the traveling public and what will be required to make the necessary repairs. If the nature of the emergency is such as to interfere with the free movement of traffic, the Village police shall be notified immediately. If the request is made after normal business hours, the utility shall leave a message on the Public Works Department voice mail system explaining the information described above. The utility shall also fax a completed iManage:201715_3 42 Right-of-Way/Utility Easement Permit Application and sketch of the work to the Engineering Division at 847.253.9377 to obtain an "after-action" permit. The Engineering Division must receive the properly completed permit application package within three (3) business days of the verbal approval. 2) If an emergency creates a hazard on the traveled portion of the right-of-way, the utility shall take immediate steps to provide all necessary protection for traffic on the highway or the public on the right-of-way including the use of signs, lights, barricades or flaggers. If a hazard does not exist on the traveled way, but the nature of the emergency is such as to require the parking on the shoulder of equipment required in repair operations, adequate signs and lights shall be provided. Parking on the shoulder in such an emergency will only be permitted when no other means of access to the facility is available. 3) In an emergency, the utility shall use all means at hand to complete repairs as rapidly as practicable and with the least inconvenience to the traveling public. 4) Procedure for emergency work near parkway trees. I. The utility shall obtain a permit for the emergency work within three (3) business days of a verbal permit approval. II. All effort shall be made to adhere to the minimum required separation of any excavation from parkway trees. In the event that emergency work cannot be completed without excavation in this area, the utility may proceed with the work. However, inspection by the Forestry Division of the Public Works Department shall be required prior to backfill of the top eighteen inches of soil (18"). The area shall be properly barricaded for safety purposes until the area is backfilled. III. If work is performed during normal business hours, the utility shall contact the Forestry Division for inspection of the tree prior to backfilling. IV. If work is performed after normal business hours, the utility shall contact the Police Department, which will contact an employee of the Public Works Department for inspection. v. If the area is backfilled prior to inspection, the utility shall be required to re-excavate, in the presence of a Forestry Division inspector, for inspection. VI. After inspection of the excavated area, the Forestry Division will notify the utility of any steps that must be taken prior to backfilling. The utility shall them repair all damaged roots and backfill the area within the three (3) days if the tree does not need to be removed. iManage:201715_3 43 5) Damage to parkway trees. I. Repair of damaged tree roots is the responsibility of the utility. All roots greater than one inch (1 ") in diameter that are encountered during excavation shall be cleanly cut, on the side attached to the tree, with a handsaw or other tool specifically designed to cut wood. II. Damage to a tree's trunk and/or limbs will be repaired by the Forestry Division. The utility will be invoiced for this service at current Village labor and equipment rates. III. If the Forestry Division determines that the tree must be removed, the Village will remove and replace the tree and send an invoice to the utility for this service. The invoice amount will be determined by multiplying the diameter of the tree (measured four and one half feet (4 W) above the ground) by $100.00 per inch. IV. If the Forestry Division determines that the required work could not have been completed without the destruction of the tree, the Forestry Division may issue a permit authorizing removal of the tree, and the stump to a depth of twelve inches (12") below grade, the utility at its expense. The utility will have ten (10) business days to remove the tree. In this case, the utility will be invoiced for the full cost of a four inch (4") diameter replacement tree (or a like size replacement tree if the destroyed tree is less than four inches (4") in diameter). v. No further permits will be issued to the utility until payment is received by the Village for all such services. Sec. 9.822. Variances. a) Request for Variance. A utility requesting a variance from one or more of the provisions of this Article must do so in writing to the Director of Public Works as a part of the permit application. The request shall identify each provision of this Article from which a variance is requested and the reasons why a variance should be granted. b) Authority to Grant Variances. The Director of Public Works shall decide whether a variance is authorized for each provision of this Article identified in the variance request on an individual basis. c) Conditions for Grantinq of Variance. The Director of Public Works may authorize a variance only if the utility requesting the variance has demonstrated that: 1) One or more conditions not under the control of the utility (such as terrain features or an irregular right-of-way line) create a special iManage:201715_3 44 hardship that would make enforcement of the provIsion unreasonable, given the public purposes to be achieved by the provision; and 2) All other designs, methods, materials, locations or facilities that would conform with the provision from which a variance is requested are impracticable in relation to the requested approach. d) Additional Conditions for Grantinq of a Variance. As a condition for authorizing a variance, the Director of Public Works may require the utility requesting the variance to meet reasonable standards and conditions that mayor may not be expressly contained within this Article but which carry out the purposes of this Article. e) Riqht to Appeal. Any utility aggrieved by any order, requirement, decision or determination, including denial of a variance, made by the Director of Public Works under the provisions of this Chapter shall have the right to appeal to the Village Board, or such other board or commission as it may designate. The application for appeal shall be submitted in writing to the Village Clerk within thirty (30) days after the date of such order, requirement, decision or determination. The Village Board shall commence its consideration of the appeal at the Board's next regularly scheduled meeting occurring at least seven (7) days after the filing of the appeal. The Village Board shall timely decide the appeal. 9.823. Citations. The Director of Public Works has the authority to issue citations to any persons who violate the provisions of this Article. Violations committed by employees or contractors of companies during work related activities will be considered violations committed by the employing or contracting company, and citations will be delivered to the employing or contracting company. All citations issued relevant to this article will advise the notified person or organization that a violation to a specific subsection of this article has occurred, and the violation will be detailed. The citation will request the notified person or organization to make payment in the amount specified in this article as settlement of the violation. The citation will also inform the notified person or organization that upon failure to settle the violation, a complaint will be filed with the circuit court of Cook County. 9.824. Service of Notice or Citation. Service of any notice required or citation permitted by this article may be accomplished by either of the following methods: A. Personal Service: This may be achieved by actual delivery to an employee or representative of the utility company with knowledge of the work in question. iManage:201715_3 45 B. Substituted Service: This may be achieved by mailing of the notice or citation by both registered and regular mail to an employee or representative of the utility company with knowledge of the work in question. All citations shall be served in accordance with the procedures set forth In subsection 9.1 03A of this chapter. Sec. 9.825. Penalties. Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this Article shall be subject to fine in an amount set forth in Appendix A, Division III of this code. A separate offense shall be deemed committed on each day during, or on which, a violation occurs or continues. There may be times when the Village will incur delay or other costs, including third party claims, because the utility will not or cannot perform its duties under its permit and this Article. Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the Village's costs of damages and its costs of installing, maintaining, modifying, relocating, or removing the facility that is the subject of the permit. No other administrative agency or commission may review or overrule a permit related cost apportionment of the Village. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it. Sec. 9.826. Enforcement. Nothing in this Chapter shall be construed as limiting any additional or further remedies that the Village may have for enforcement of this Article, including administrative adjudication and its service and notice provisions pursuant to Article XXI of Chapter 8 of the Village Code. Sec. 9.827. Severability. If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION THREE: The definition of "Cable Operator" in Section 6.102, Definitions, of Article 1 of Chapter 6 of the Village Code of the Village of Mount Prospect shall be amended, as follows: Cable Operator: A telecommunications carrier, other than the holder of a State- issued authorization pursuant to Section 21-401 for the Cable and Video iManage201715_3 46 Competition Law of 2007 (220 ILCS 5/21-410), providing or offering to provide "cable service" within the Village, as that term is defined in the Cable Act. SECTION FOUR: A new Subsection 6.102 shall be inserted in Article 1 of Chapter 6 of the Village Code of the Village of Mount Prospect, the remaining subsections to be renumbered numerically, to be and read as follows: 6.102 Application to Holders of State-Issued Authorizations. Section 6.105, Telecommunications License, Section 6.106, Telecommunications Franchise, Section 6.107, Cable Television Franchise, Section 6.301, Telecommunications License, Section 6.401, Telecommunications Franchise, and Section 6.5.301, Requirement of a Franchise, of this Chapter 6 shall not apply to any holder of a State-issued authorization pursuant to Section 21-401 of the Cable and Video Competition Law of 2007 (220 ILCS 5/21-401). SECTION FIVE: The first paragraph of Section 6.201, Registration Required, of Article II, of Chapter 6 of the Village Code of the Village of Mount Prospect be amended to read as follows: Except as provided in section 6.204 of this Article, all telecommunications carriers and providers, including holders of a State-issued authorizations pursuant to Section 21-401 of the Cable and Video Competition Law of 2007 (220 ILCS 5/21- 401), having telecommunications facilities within the corporate limits of the village, and all telecommunications carriers or providers that offer or provide telecommunications services to customer premises within the village, shall register with the village pursuant to this article on forms to be provided by the Communications Division, which shall include the following: SECTION SIX: Chapter 6 of the Village Code of the Village of Mount Prospect shall be amended by deleting the following: a) Section 6.202, Registration Fee, b) Section 6.309, Location of Facilities, c) Section 6.310, Construction Permits, d) Section 6.409, Location of Facilities, e) Section 6.410, Construction Permits, f) Section 6.602, Application and Review Fee, g) Section 6.606, Construction Permit Fee, h) Section 6.607, Annual Fee iManage:201715_3 47 i) Article VII, Conditions of Grant, in its entirety, and j) Article VIII, Construction Standards, in its entirety. SECTION SEVEN: Chapter 6 of the Village Code of the Village of Mount Prospect shall be amended by deleting Section 6.5.607, Service, Adjustment and Complaint Procedure, Article VII, Conditions of Grant, effective January 1, 2008. SECTION EIGHT: Appendix A, Division II, "Fees, Rates and Taxes", of the Mount Prospect Village Code shall be amended, as follows: A. Delete the following: a. Section 6.202, Registration Fee; b. Section 6.602, Application and Review Fee; c. Section 6.606, Construction Permit Fee; d. Section 6.607, Annual Fees. B. Insert the followinQ numerically under "Chapter 9 - Public Utilities. Pavement and Tree ReQulations": Section 9.804: Permit Application: Application fee: $50.00 SECTION NINE: Appendix A, Division III "Penalties and Fines" of the Mount Prospect Village Code shall be amended by deleting the heading "Section 9.802" and inserting in its place "Section 9.825", to read: 9.825. PENALTY: (Utility Work) SECTION TEN: Effective Date. This Ordinance shall take effect ten (10) days after its passage, approval and publication in pamphlet form. iManage:201715_3 48 AYES: NAYS: ABSENT: PASSED and APPROVED this day of November 2007. Richard M. Lohrstorfer Mayor Pro Tem ATTEST: M. Lisa Angell Village Clerk C:\Documents and Settings\kdewis\Local Settings\Temporary Internet Files\OLK6B\MP Ord Ch 9 Rights of Way 10-31-07 (2) (2).DOC iManage:201715_3 49 INTEROFFICE MEMORANDUM Mount Prospect Village of Mount Prospect Mount Prospect, Illinois FROM: ASSISTANT VILLAGE MANAGER DEPUTY DIRECTOR OF PUBLIC WORKS TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: NOVEMBER 1, 2007 SUBJECT: VILLAGE CODE MODIFICATIONS PERTAINING TO THE CONSTRUCT OF FACILITIES ON PUBLIC RIGHTS-OF-WAY In October 2007, the Illinois Commerce Commission (ICC) granted AT&T a state-wide permit to construct and operate video communication facilities on any public right-of-way regardless of jurisdiction. This measure was, in large part, a reaction to AT&T lobbying efforts in Springfield following unsuccessful attempts to gain access to local rights-of-way by negotiating with municipalities. In order to help member agencies manage the rejuvenated activities of AT&T, the Illinois Municipal League (IML) has drafted a model ordinance intended to provide a stronger and more consistent legal framework that will enable communities to better control utility construction activities by all utilities in their rights-of-way. The attached ordinances contain all of the recommended provisions promulgated by the IML model ordinance. It includes specific provisions to check AT&T carte blanche right-of- way access rights. It is the opinion of staff that inclusion of these provisions will not only improve our ability to deal with AT&T, but will also fortify our ability to manage the construction activities of all other utilities that utilize Village rights-of-way as well. It is expected that adoption of the IML model ordinance will be widespread. As a consequence, its provisions will become a de facto standard. Establishment of ' a regional or state-wide standard should improve our ability to enforce utility right-of-way construction permitting procedures. The attached ordinances also incorporate many of the permitting procedures and regulations that have been utilized by staff for the past 15 years to manage utility right-of- way construction. These procedures and regulations have not been a formal part of the Village Code in the past. Rather, they were packaged in a document called Procedure tor Permitting Utility Work in All Public Rights-ot-Way and Easements in the Village ot Mount Prospect. It is the opinion of staff that inclusion of these procedures and regulations in the Village Code will also improve our enforcement capabilities. D--F Page 2of2 Village Code Modifications Pertaining to Construction of Facilities on Village Rights-of-Way November 1, 2007 These ordinances extensively modify Chapter 9 Article VIII (Utility Permit Work Requirements) of the existing Village Code. It also deletes Chapter 6 Article VII (Conditions of Grant), Chapter 6 Article VIII (Construction Standards), and Section 6.602 (Application and Review Fee), Section 6.606, (Construction Permit Fee), and Section 6.607, Annual Fee. The ordinance also makes pertinent modifications to Appendix A, Division II (Fees, Rates, and Taxes). Modifications to Chapter 8 (Village Government Miscellaneous Provisions) to incorporate an updated definition of "telecommunications" are included in this revision. The new definitions specifically incorporate the legal status granted to A T& T by the state legislature via the Cable and Video Competition Law of 2007. These ordinances include several consumer protections and performance requirements such as providing for PEG channels that currently exist with the Village's franchise agreements that are already in place and will be incorporated with any new franchisee. Staff recommends adoption of each ordinance. ~~5- David Strahl ~ Sean P. Dorsey HWILM\CABLE\ROW Ordinance Revisions VB Memo.doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 AND APPENDIX A, DIVISION II, OF THE VILLAGE CODE IN REGARD TO CABLENIDEO SERVICE PROVIDERS AND THE FEES TO BE IMPOSED BY THE VILLAGE IN RELATION THERETO WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cable and Video Competition Law of 2007, Public Act 95-0009 (the "Act"); and WHEREAS, this Ordinance is intended to establish the service provider fee and the PEG access support fee the Act authorizes municipalities to impose on a holder under 220 ILCS 5/21-801; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1: The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION 2: That a new Article VII shall be inserted into Chapter 6, "Telecommunications Code", of the Municipal Code, of the Village of Mount Prospect, to read as follows: ARTICLE VII CABLENIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE. Sec. 6.701. Definitions. As used in this Section, the following terms shall have the following meanings: (1) "Cable service" means that term as defined in 47 U.S.C. 9522(6). (2) "Commission" means the Illinois Commerce Commission. iManage:202822_1 (3) "Gross revenues" means all consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the Village. (a) Gross revenues shall include the following: (i) Recurring charges for cable or video service; (ii) Event-based charges for cable service or video service, including, but not limited to, pay-per-view and video-on-demand charges; (iii) Rental of set top boxes and other cable service or video service equipment; (iv) Service charges related to the provIsion of cable service or video service, including but not limited to activation, installation, and repair charges; (v) Administrative charges related to the provision of cable service or video service, including but not limited to service order and service termination charges; (vi) Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments; (vii) A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder's network to provide cable service or video service within the Village. The allocation shall be based on the number of subscribers in the Village divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement; (viii) Compensation received by the holder that is derived from the operation of the holder's network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a "home shopping" or similar channel, subject to subsection (ix) below; iManage:202822_1 (ix) In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder's revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business; and (x) The service provider fee permitted by 220 ILCS 5/21-801 (b). (b) Gross revenues do not include any of the following: (i) Revenues not actually received, even if billed, such as bad debt, subject to 220 ILCS 5/21-801 (c)(1 )(vi); (ii) Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the State- issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service; (iii) Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunication services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders; (iv) The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscribers to the extent the purchaser certifies in writing that it will resell the service within the Village and pay the fee permitted by 220 ILCS 5/21-801(b) with respect to the service; (v) Any tax or fee of general applicability imposed upon the subscribers or the transaction by a city, State, federal, or any other governmental entity and collected by the holder of the State-issued authorization and required to be remitted to the taxing entity, including sales and use taxes; (vi) Security deposits collected from subscribers; and iManage:202822_1 (vii) Amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service. (c) Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by 220 ILCS 5/21-801 (b) which would otherwise be paid by the cable service or video service. (4) "Holder" means a person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401. (5) "PEG" means public, education and governmental. (6) "PEG access support fee" means the amount paid under this Section and 220 ILCS 5/21-801(d) by the holder to the Village for the service areas within its territorial jurisdiction. (7) "Service" means the provision of "cable service" or "video service" to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401. (8) "Service provider fee" means the amount paid under this Section and 220 ILCS 5/21-801 by the holder to a Village for the service areas within its territorial jurisdiction. (9) "Video service" means video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. S 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet. Sec. 6.702. CableNideo Service Provider Fee Imposed. (1) Fee Imposed. A fee is hereby imposed on any holder providing cable service or video service in the Village. (2) Amount of Fee. The amount of the fee imposed hereby shall be as set forth in appendix A, division II of this code. (3) Notice to the Villaoe. The holder shall notify the Village at least ten (10) days prior to the date on which the holder begins to offer cable service or video service in the Village. iManage:202822_1 (4) Holder's Liability. The holder shall be liable for and pay the service provider fee to the Village. The holder's liability for the fee shall commence on the first day of the calendar month following thirty (30) days after receipt of the ordinance adopting this Section by the holder. The ordinance adopting this Section shall be sent by mail, postage prepaid, to the address listed on the holder's application notice sent pursuant to 220 ILCS 5/21-401 (b)(6) to the Village. (5) Payment Date. The payment of the service provider fee shall be due on a quarterly basis, forty-five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee. (6) Exemption. The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the Village in which a fee is paid. (7) Credit for Other Payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21-301 (c) with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under subsection 6.702(2) above. Sec. 6.703. PEG Access Support Fee Imposed. (1) PEG Fee Imposed. A PEG access support fee is hereby imposed on any holder providing cable service or video service in the Village in addition to the fee imposed pursuant to subsection 6.702(2) above. (2) Amount of Fee. The amount of the PEG access support fee imposed hereby shall be as set forth in appendix A, division II of this code. (3) Payment. The holder shall pay the PEG access support fee to the Village or to the entity designated by the Village to manage PEG access. The holder's liability for the PEG access support fee shall commence on the date set forth in subsection 6.702(4) above. (4) Payment Due. The payment of the PEG access support fee shall be due on a quarterly basis, forty-five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee. (5) Credit for Other Payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21-301 (c) shall pay, at the time they would have been due, all monetary payments for PEG access that would have been due during the remaining term of the agreement had it not been terminated pursuant to that section. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees that that operator owes under subsection 6.703(2) above. iManage:202822_1 Sec. 6.704. Applicable Principles. All determinations and calculations under this Section shall be made pursuant to generally accepted accounting principles. Sec. 6.705. No Impact on Other Taxes Due from Holder. Nothing contained in this Section shall be construed to exempt a holder from any tax that is or may later be imposed by the Village, including any tax that is or may later be required to be paid by or through the holder with respect to cable service or video service. A State-issued authorization shall not affect any requirement of the holder with respect to payment of the Village's simplified municipal telecommunications tax or any other tax as it applies to any telephone service provided by the holder. A State-issued authorization shall not affect any requirement of the holder with respect to payment of any validly imposed 911 or E911 fees, taxes or charges. Sec. 6.706. Audits of CableNideo Service Provider. (1) Audit Requirement. The Village will notify the holder of the requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. The holder shall comply with the same requirements the Village imposes on other cable service or video service providers in its jurisdiction to audit the holder's books and records and to recompute any amounts determined to be payable under the requirements of the Village. If all local franchises between the Village and cable operator terminate, the audit requirements shall be those adopted by the Village pursuant to the Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/1 et seq. (See Section Article XX of Chapter 8 of this Code). No acceptance of amounts remitted should be construed as an accord that the amounts are correct. (2) Additional Payments. Any additional amount due after an audit shall be paid within thirty (30) days after the Village's submission of an invoice for the sum. Sec. 6.707. Late Fees I Payments. All fees due and payments which are past due shall be governed by ordinances adopted by this Village pursuant to the Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/1 et seq. (See Article XX of Chapter 8 of this Code)." SECTION 3: Appendix A, Division II "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be amended by inserting therein the following provisions numerically by section number: Sec. 6.702. CableNideo Service Provider Fee Five percent (5%) of the holder's gross revenues iManage:202822_1 Sec. 6.703. PEG Access Support Fee One percent (1 %) of the holder's gross revenues or, if greater, the percentage of gross revenues that incumbent cable operators pay to the Village or its designee for PEG access support in the Village. SECTION 4: 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 the unconstitutional 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 FIVE: That this Ordinance shall take effect ten (10) days after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: Richard M. Lohrstorfer Mayor Pro T em ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\Ord re Cable_Video Service Providers 10_22_07.DOC iManage:202822_1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 AND APPENDIX A, DIVISION II, OF THE VILLAGE CODE IN REGARD TO CABLENIDEO SERVICE PROVIDERS AND THE FEES TO BE IMPOSED BY THE VILLAGE IN RELATION THERETO WHEREAS, the Village of Mount Prospect is a home rule unit pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety and welfare of its citizens; and WHEREAS, this Ordinance is adopted pursuant to the provisions of the Illinois Cable and Video Competition Law of 2007, Public Act 95-0009 (the "Act"); and WHEREAS, this Ordinance is intended to establish the service provider fee and the PEG access support fee the Act authorizes municipalities to impose on a holder under 220 ILCS 5/21-801; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1: The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION 2: That a new Article VII shall be inserted into Chapter 6, "Telecommunications Code", of the Municipal Code of the Village of Mount Prospect, to read as follows: ARTICLE VII CABLENIDEO SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE. Sec. 6.701. Definitions. As used in this Section, the following terms shall have the following meanings: (1) "Cable service" means that term as defined in 47 U.S.C. 9 522(6). (2) "Commission" means the Illinois Commerce Commission. iManage:202822_1 (3) "Gross revenues" means all consideration of any kind or nature, including, without limitation, cash, credits, property, and in-kind contributions received by the holder for the operation of a cable or video system to provide cable service or video service within the holder's cable service or video service area within the Village. (a) Gross revenues shall include the following: (i) Recurring charges for cable or video service; (ii) Event-based charges for cable service or video service, including, but not limited to, pay-per-view and video-on-demand charges; (iii) Rental of set top boxes and other cable service or video service equipment; (iv) Service charges related to the provIsion of cable service or video service, including but not limited to activation, installation, and repair charges; (v) Administrative charges related to the provision of cable service or video service, including but not limited to service order and service termination charges; (vi) Late payment fees or charges, insufficient funds check charges, and other charges assessed to recover the costs of collecting delinquent payments; (vii) A pro rata portion of all revenue derived by the holder or its affiliates pursuant to compensation arrangements for advertising or for promotion or exhibition of any products or services derived from the operation of the holder's network to provide cable service or video service within the Village. The allocation shall be based on the number of subscribers in the Village divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement; (viii) Compensation received by the holder that is derived from the operation of the holder's network to provide cable service or video service with respect to commissions that are received by the holder as compensation for promotion or exhibition of any products or services on the holder's network, such as a "home shopping" or similar channel, subject to subsection (ix) below; iManage:202822_1 (ix) In the case of a cable service or video service that is bundled or integrated functionally with other services, capabilities, or applications, the portion of the holder's revenue attributable to the other services, capabilities, or applications shall be included in the gross revenue unless the holder can reasonably identify the division or exclusion of the revenue from its books and records that are kept in the regular course of business; and (x) The service provider fee permitted by 220 ILCS 5/21-801 (b). (b) Gross revenues do not include any of the following: (i) Revenues not actually received, even if billed, such as bad debt, subject to 220 ILCS 5/21-801 (c)(1 )(vi); (ii) Refunds, discounts, or other price adjustments that reduce the amount of gross revenues received by the holder of the State- issued authorization to the extent the refund, rebate, credit, or discount is attributable to cable service or video service; (iii) Regardless of whether the services are bundled, packaged, or functionally integrated with cable service or video service, any revenues received from services not classified as cable service or video service, including, without limitation, revenue received from telecommunication services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing or any other revenues attributed by the holder to noncable service or nonvideo service in accordance with the holder's books and records and records kept in the regular course of business and any applicable laws, rules, regulations, standards, or orders; (iv) The sale of cable services or video services for resale in which the purchaser is required to collect the service provider fee from the purchaser's subscribers to the extent the purchaser certifies in writing that it will resell the service within the Village and pay the fee permitted by 220 ILCS 5/21-801(b) with respect to the service; (v) Any tax or fee of general applicability imposed upon the subscribers or the transaction by a city, State, federal, or any other governmental entity and collected by the holder of the State-issued authorization and required to be remitted to the taxing entity, including sales and use taxes; (vi) Security deposits collected from subscribers; and iManage:202822_1 (vii) Amounts paid by subscribers to "home shopping" or similar vendors for merchandise sold through any home shopping channel offered as part of the cable service or video service. (c) Revenue of an affiliate of a holder shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate rather than the holder has the effect of evading the payment of the fee permitted by 220 ILCS 5/21-801 (b) which would otherwise be paid by the cable service or video service. (4) "Holder" means a person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401. (5) "PEG" means public, education and governmental. (6) "PEG access support fee" means the amount paid under this Section and 220 ILCS 5/21-801(d) by the holder to the Village for the service areas within its territorial jurisdiction. (7) "Service" means the provision of "cable service" or "video service" to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Commission pursuant to 220 ILCS 5/21-401. (8) "Service provider fee" means the amount paid under this Section and 220 ILCS 5/21-801 by the holder to a Village for the service areas within its territorial jurisdiction. (9) "Video service" means video programming and subscriber interaction, if any, that is required for the selection or use of such video programming services, and which is provided through wireline facilities located at least in part in the public right-of-way without regard to delivery technology, including Internet protocol technology. This definition does not include any video programming provided by a commercial mobile service provider defined in 47 U.S.C. ~ 332(d) or any video programming provided solely as part of, and via, service that enables users to access content, information, electronic mail, or other services offered over the public Internet. Sec. 6.702. CableNideo Service Provider Fee Imposed. (1) Fee Imposed. A fee is hereby imposed on any holder providing cable service or video service in the Village. (2) Amount of Fee. The amount of the fee imposed hereby shall be as set forth in appendix A, division II of this code. (3) Notice to the VillaQe. The holder shall notify the Village at least ten (10) days prior to the date on which the holder begins to offer cable service or video service in the Village. iManage:202822_1 (4) Holder's Liability. The holder shall be liable for and pay the service provider fee to the Village. The holder's liability for the fee shall commence on the first day of the calendar month following thirty (30) days after receipt of the ordinance adopting this Section by the holder. The ordinance adopting this Section shall be sent by mail, postage prepaid, to the address listed on the holder's application notice sent pursuant to 220 I LCS 5/21-401 (b )(6) to the Village. (5) Payment Date. The payment of the service provider fee shall be due on a quarterly basis, forty-five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee. (6) Exemption. The fee hereby imposed does not apply to existing cable service or video service providers that have an existing franchise agreement with the Village in which a fee is paid. (7) Credit for Other Payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21-301 (c) with credit for prepaid franchise fees under that agreement may deduct the amount of such credit from the fees that operator owes under subsection 6.702(2) above. Sec. 6.703. PEG Access Support Fee Imposed. (1) PEG Fee Imposed. A PEG access support fee is hereby imposed on any holder providing cable service or video service in the Village in addition to the fee imposed pursuant to subsection 6.702(2) above. (2) Amount of Fee. The amount of the PEG access support fee imposed hereby shall be as set forth in appendix A, division II of this code. (3) Payment. The holder shall pay the PEG access support fee to the Village or to the entity designated by the Village to manage PEG access. The holder's liability for the PEG access support fee shall commence on the date set forth in subsection 6.702(4) above. (4) Payment Due. The payment of the PEG access support fee shall be due on a quarterly basis, forty-five (45) days after the close of the calendar quarter. If mailed, the fee is considered paid on the date it is postmarked. Each payment shall include a statement explaining the basis for the calculation of the fee. (5) Credit for Other Payments. An incumbent cable operator that elects to terminate an existing agreement pursuant to 220 ILCS 5/21-301 (c) shall pay, at the time they would have been due, all monetary payments for PEG access that would have been due during the remaining term of the agreement had it not been terminated pursuant to that section. All payments made by an incumbent cable operator pursuant to the previous sentence may be credited against the fees that that operator owes under subsection 6.703(2) above. iManage:202822_1 Sec. 6.704. Applicable Principles. All determinations and calculations under this Section shall be made pursuant to generally accepted accounting principles. Sec. 6.705. No Impact on Other Taxes Due from Holder. Nothing contained in this Section shall be construed to exempt a holder from any tax that is or may later be imposed by the Village, including any tax that is or may later be required to be paid by or through the holder with respect to cable service or video service. A State-issued authorization shall not affect any requirement of the holder with respect to payment of the Village's simplified municipal telecommunications tax or any other tax as it applies to any telephone service provided by the holder. A State-issued authorization shall not affect any requirement of the holder with respect to payment of any validly imposed 911 or E911 fees, taxes or charges. Sec. 6.706. Audits of CableNideo Service Provider. (1) Audit ReQuirement. The Village will notify the holder of the requirements it imposes on other cable service or video service providers to submit to an audit of its books and records. The holder shall comply with the same requirements the Village imposes on other cable service or video service providers in its jurisdiction to audit the holder's books and records and to recompute any amounts determined to be payable under the requirements of the Village. If all local franchises between the Village and cable operator terminate, the audit requirements shall be those adopted by the Village pursuant to the Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/1 et seq. (See Section Article XX of Chapter 8 of this Code). No acceptance of amounts remitted should be construed as an accord that the amounts are correct. (2) Additional Payments. Any additional amount due after an audit shall be paid within thirty (30) days after the Village's submission of an invoice for the sum. Sec. 6.707. Late Fees I Payments. All fees due and payments which are past due shall be governed by ordinances adopted by this Village pursuant to the Local Government Taxpayers' Bill of Rights Act, 50 ILCS 45/1 et seq. (See Article XX of Chapter 8 of this Code)." SECTION 3: Appendix A, Division II"Fees, Rates and Taxes" of the Mount Prospect Village Code shall be amended by inserting therein the following provisions numerically by section number: Sec. 6.702. CableNideo Service Provider Fee Five percent (5%) of the holder's gross revenues iManage:202822_1 Sec. 6.703. PEG Access Support Fee One percent (1 %) of the holder's gross revenues or, if greater, the percentage of gross revenues that incumbent cable operators pay to the Village or its designee for PEG access support in the Village. SECTION 4: 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 the unconstitutional 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 FIVE: That this Ordinance shall take effect ten (10) days after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: Richard M. Lohrstorfer Mayor Pro Tern ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\Ord re Cable_Video Service Providers 10_22_07.DOC iManage:202822_1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 OF THE VILLAGE CODE REGARDING THE SIMPLIFIED MUNICIPAL TELECOMMUNICATIONS TAX NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The definition of "Telecommunications" in Section 8.1501 of Article XV, Simplified Municipal Telecommunications Tax, of Chapter 8 of the Village Code of the Village of Mount Prospect shall be deleted in its entirety and a new definition of "Telecommunications" inserted in its place to be and read as follows; TELECOMMUNICATIONS: In addition to the meaning ordinarily and popularly ascribed to it includes, without limitation, messages or information transmitted through use of local, toll, and wide area telephone service, private line services, channel services, telegraph services, teletypewriter, computer exchange services, cellular mobile telecommunications service, specialized mobile radio, stationary two-way radio, 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. This definition shall also include the provision of cable service or video service to subscribers and the interaction of subscribers with the person or entity that has received authorization to offer or provide cable or video service from the Illinois Commerce Commission pursuant to Section 21-401 of the Cable and Video Competition Law of 2007. As used in this article, "private line" means a dedicated nontraffic sensitive service for a single customer, that entitles the customer to exclusive or priority use of a communications channel or group of channels, from one or more specified locations to one or more other specified locations. 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 purchases of telecommunications by a telecommunications service provider for use as a component part of the service provided by such provider to the ultimate retail consumer who originates or terminates the taxable end to end communications. Carrier access charges, right of access charges, charges for use of intercompany facilities, and all telecommunications resold in the subsequent provisions of, used as a component of, or integrated into, end to end telecommunications service shall be nontaxable as sales for resale. Prepaid telephone calling arrangements shall. not be considered iManage:203391_1 "telecommunications" subject to the tax imposed under this article. For purposes of this section, "prepaid telephone calling arrangements" means that term as defined in section 2-27 of the retailers' occupations tax act. SECTION TWO: Effective Date. This Ordinance shall take effect ten (10) days after its passage, approval and publication in pamphlet form. AYES: NAYS: ABSENT: PASSED and APPROVED this day of November 2007. Richard M. Lohrstorfer Mayor Pro T em ATTEST: M. Lisa Angell Village Clerk H:\CLKO\files\WIN\ORDINANC\MP Ord Ch 8 Simplified Municipal Telecommunications Tax (2).DOC iManage:203391_1