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MAY 14, 2008 VOLUME LXXIII
COUNCIL OF THE CITY OF ELGIN, ILLINOIS
COUNCIL-MANAGER FORM OF GOVERNMENT
REGULAR MEETING
The regular meeting of the Council of the City of Elgin, Illinois, was held on May 14, 2008, in
the Council Chambers. The meeting was called to order by Mayor Schock at 7:05 p.m. The
Invocation was given by Ms. Gretchen Vapnar of the Community Crisis Center and the Pledge of
Allegiance was led by Mayor Schock.
ROLL CALL
Roll call was answered by Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters and
Mayor Schock. Absent: Councilmember Gilliam.
MINUTES OF THE APRIL 23, 2008, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the
April 23, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
COMMUNICATIONS
Proclamation Recognizing National Public Works Week
Mayor Schock read a proclamation recognizing May 18 through May 24, 2008, as National
Public Works Week. Public Works Director John Loete thanked the Mayor and invited the
Council and the public to their open house on Saturday, May 17, 2008.
RECOGNIZE PERSONS PRESENT
Public Works Administrative Superintendent Tish Powell explained that the City Of Elgin
recently partnered with School District U-46 and Elgin Proud and Beautiful to create the “Name
the Mascot” contest. The names picked were “Reusable Rick” and “Leftover Larry”. These
names came from Ms. Trish Arntsen‟s eighth period class at Larson Middle School. Ms. Powell
presented a plaque to Ms. Arntsen and representatives from her class in appreciation for their
efforts. She also thanked Corinne Antonzio, the environmental facilitator for U-46, and LaAndra
Jones, the graduate intern in the City Manager‟s office, for their assistance.
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269
Mayor Schock then introduced LaAndra Jones and thanked her for all of her efforts during the
past fifteen months. She has been an intern in the City Manager‟s office and is a student at
Northern Illinois University in the Masters of Public Administration program. She will be
graduating this month.
Art Richoz brought pictures of the Combat Infantryman‟s Badge and expressed his desire to see
it incorporated into the new Veterans Memorial Park. The Mayor stated that arrangements are
being made to have the badge placed in an appropriate place in the new park.
Tannis Ashworth expressed her appreciation for the work that has recently been done at Tuscan
Woods. She asked that appropriate pressure be placed on the Ryland Group to enter into
discussion to resolve the remaining issues.
Dr. Edgar Ruble expressed his support for Mr. Richoz and is pleased that the decision has been
made to incorporate the Combat Infantryman‟s Badge as part of Veterans Memorial Park.
Diane Krzystofezyk, a second grade teacher at Coleman School, and a number of her students
expressed their concerns about graffiti at their school. They read letters asking for security lights
to be installed at the school.
John Collins expressed his opinions about 1000 Preston.
Mark Landi described the sewer problems he had at his residence and wondered if he can get any
financial assistance from the City, possibly through the Community Block Grant program, to
help pay for the repairs.
BID 08-024 AWARDED TO AIR ONE EQUIPMENT, INC. FOR THE PURCHASE AND
INSTALLATION OF A COMPRESSOR FOR SELF CONTAINED BREATHING
APPARATUS FOR FIRE STATION 7
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve a
contract with Air Once Equipment, Inc. in the amount of $38,082 for the purchase and
installation of a compressor for Self Contained Breathing Apparatus for Fire Station 7. Upon a
roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor
Schock. Nays: None.
BID 08-034 AWARDED TO ARROW ROAD CONSTRUCTION FOR THE 2008
NEIGHBORHOOD RESURFACING PROJECT
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a
contract to Arrow Road Construction in the amount of $6,671,549.82 for the 2008 Neighborhood
Resurfacing Project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
MAY 14, 2008 VOLUME LXXIII
270
BID 08-035 AND BID 08-036 AWARDED TO BONNELL INDUSTRIES FOR THE
PURCHASE OF THREE HEATED ASPHALT TRAILERS FOR THE STREET
DIVISION OF THE PUBLIC WORKS DEPARTMENT
Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to award a
contract to Bonnell Industries in the amount of $48,974 for the purchase of three heated asphalt
trailers for the Street Division of the Public Works Department. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PETITION 84-06 TO REMAIN ON THE TABLE REQUESTING ANNEXATION,
ZONING AND PRELIMINARY PLAT APPROVAL FOR A RESIDENTIAL
SUBDIVISION; PROPERTY COMMONLY KNOWN AS 1901 VILLA STREET; BY
RYLAND HOMES, AS APPLICANT AND VO-LAND, LLC, AS OWNER
Community Development Director Deering stated the applicants have requested that the petition
be continued to be tabled until the meeting of July 23, 2008. Councilmember Powers made a
motion, seconded by Councilmember Figueroa, to continue to table until the meeting of July 23,
2008, Petition 84-06 requesting annexation, zoning, and preliminary plat approval for a
residential subdivision, property commonly known as 1901 Villa Street, by Ryland Homes, as
applicants and VO-Land, LLC as owner.
Councilmember Kaptain requested that staff work with the developer and the neighborhood
associations from Castle Creek and Tuscan Woods to resolve the punch list items.
Councilmember Powers stated he thought staff was already working on this. Discussion with the
representatives from the two subdivisions indicated that meetings have already taken place or are
scheduled with the developer‟s attorney.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and
Mayor Schock. Nays: None.
PETITION 85-06 TO REMAIN ON THE TABLE REQUESTING ANNEXATION,
ZONING AND PRELIMINARY PLAT APPROVAL FOR A COMMERCIAL
SUBDIVISION; PROPERTY COMMONLY KNOWN AS 1951 VILLA STREET; BY VO-
LAND, LLC, AS APPLICANT AND OWNER
Community Development Director Deering stated the applicants have requested that the petition
be continued to be tabled until the meeting of July 23, 2008. Councilmember Powers made a
motion, seconded by Councilmember Figueroa, to continue to table Petition 85-06 requesting
annexation, zoning, and preliminary plat approval for a commercial subdivision, property
commonly known as 1951 Villa Street, by VO-Land LLC as applicant and owner until the
meeting of July 23, 2008. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII MAY 14, 2008
271
ANNEXATION AGREEMENT HEARING DATE SET FOR JUNE 11, 2008; PROPERTY
LOCATED AT 1600 NORTH RANDALL ROAD, BY HEALTHCARE REALTY TRUST
OF ILLINOIS, INC., AS APPLICANT AND OWNER (PETITION 11-08)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to set the
annexation hearing date for the June 11, 2008, City Council meeting for Petition 11-08. Upon a
roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor
Schock. Nays: None.
PETITION 15-08 APPROVED REQUESTING VARIOUS AMENDMENTS TO THE
TEXT OF TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE; BY THE CITY
OF ELGIN
Community Development Director Deering stated this application involves twelve text
amendments. The Community Development group recommends the approval of these
amendments.
Councilmember Figueroa made a motion, seconded by Councilmember Steffen, to approve
Petition 15-08 subject to conditions.
Councilmember Walters asked what type of storage was allowed. Mr. Deering stated rental
storage was excluded, but that it does allow for distribution storage.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and
Mayor Schock. Nays: None.
PETITION 39-07 APPROVED REQUESTING A MAP AMENDMENT FROM SFR1
SINGLE FAMILY RESIDENCE DISTRICT TO PCF PLANNED COMMUNITY
FACILITY DISTRICT; PROPERTY LOCATED AT 863 AND 877 BODE ROAD BY
IGLESIA DE CRISTO, A/K/A CHURCH OF CHRIST, AS APPLICANT AND IGLESIA
DE CRISTO, AN ILLINOIS NOT-FOR-PROFIT CORPORATION, AS OWNER
Community Development Director Deering stated this application proposes a new, masonry
church. The Planning and Development Commission has recommended approval with six
conditions.
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve
Petition 39-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
MAY 14, 2008 VOLUME LXXIII
272
PETITION 01-08 APPROVED REQUESTING A ZONING MAP AMENDMENT FROM
AB AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT
AND FINAL PLAT APPROVAL, TO ALLOW THE CONSTRUCTION OF A CENTER
SPECIALIZING IN VETERINARY SERVICES FOR DOGS IN THE ARC ARTERIAL
ROAD CORRIDOR DISTRICT; PROPERTY LOCATED AT 799 SUMMIT STREET BY
SCOTT AND TAUWANTA DEATON, AS APPLICANTS, AND ALDI INC., AS OWNER
Community Development Director Deering stated this proposal is for a veterinary clinic. The
Planning and Development Commission has recommended approval subject to five conditions.
Councilmember Powers made a motion, seconded by Councilmember Figueroa, to approve
Petition 01-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PETITION 17-08 APPROVED REQUESTING APPROVAL OF THE FINAL PLAT OF
RESUBDIVISION OF THE FOX RIVER BUSINESS CENTER SOUTH SUBDIVISION;
PROPERTY LOCATED AT 300 AIRPORT ROAD; BY NORTHERN BUILDERS, INC.,
AS APPLICANT, AND FOX RIVER BUSINESS CENTER, LLC, AS OWNER
Community Development Director Deering stated that the applicants would like to re-subdivide
in order to sell off property. The Planning and Development Commission has recommended
approval subject to two conditions.
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve
Petition 17-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PETITION 20-08 APPROVED REQUESTING A CONDITIONAL USE FOR A
DRINKING PLACE IN THE CC1 CENTER CITY DISTRICT, TO PERMIT THE
ESTABLISHMENT OF A RESTAURANT; PROPERTY LOCATED AT 51 SOUTH
GROVE AVENUE; BY MAD MAGGIE’S INC., AS APPLICANT, AND LV
MANAGEMENT INC., AS OWNER
Community Development Director Deering stated this petition was for a new location for this
applicant. The Planning and Development Commission has recommended approval subject to
conditions.
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve
Petition 20-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
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273
PETITION 23-08 APPROVED REQUESTING AN AMENDMENT TO PAB PLANNED
AREA BUSINESS DISTRICT ORDINANCE NUMBER G67-05 AND TO PCF PLANNED
COMMUNITY FACILITY DISTRICT ORDINANCE NUMBER G66-05, AND FINAL
PLAT APPROVAL, TO PERMIT THE CONSTRUCTION OF A COMMERCIAL
RETAIL CENTER IN AN ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
AND TO PERMIT A CHANGE IN THE SIZE OF THE REQUIRED DETENTION
AREA FOR THE PAB DISTRICT; PROPERTY LOCATED AT 3145 AND 3151 ROUTE
20 AND 195 NESLER ROAD, BY ROSATI GROUP, INC., AS APPLICANT, AND
ROSATI GROUP, INC. AND GOOD SHEPHERD LUTHERAN CHURCH U.A.C. OF
ELGIN ILLINOIS, AS OWNERS
Community Development Director Deering stated this petition was for a 21,000 square foot
multi-tenant commercial retail center. The Planning and Development Commission has
recommended approval subject to five conditions.
Councilmember Powers made a motion, seconded by Councilmember Walters, to approve
Petition 23-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PETITION 10-08 APPROVED REQUESTING AN AMENDMENT TO PCF PLANNED
COMMUNITY FACILITY ORDINANCE NO. G42-05 TO PROVIDE FOR THE
OPERATION OF A PROFESSIONAL SOFTBALL FRANCHISE, AND FOR THE
OPERATION OF SPORTING AND RECREATION CAMPS AND TOURNAMENT
PLAY; PROPERTY LOCATED AT 1151 NORTH STATE STREET; BY JUDSON
UNIVERSITY, THE CHICAGO BANDITS, AND THE CITY OF ELGIN, AS CO-
APPLICANTS, AND JUDSON UNIVERSITY, AS OWNER
Community Development Director Deering stated this zoning change would allow the Chicago
Bandits to play their home games at Judson University. The Planning and Development
Commission has recommended approval subject to ten conditions.
Councilmember Walters made a motion, seconded by Councilmember Kaptain, to approve
Petition 10-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
ORDINANCE G23-08 PASSED AMENDING PCF PLANNED COMMUNITY FACILITY
DISTRICT ORDINANCE NO. G42-05 (JUDSON UNIVERSITY–1151 NORTH STATE
STREET)
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
MAY 14, 2008 VOLUME LXXIII
274
Ordinance No. G23-08
AN ORDINANCE
AMENDING PCF PLANNED COMMUNITY FACILITY DISTRICT
ORDINANCE NO. G42-05
(Judson University – 1151 North State Street)
WHEREAS, written application has been made to amend PCF Planned Community
Facility District Ordinance No. G42-05; and
WHEREAS, the Planning and Development Commission conducted a public hearing
after due notice by publication and has submitted its findings of fact and recommended approval;
and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Ordinance No. G42-05 be and is hereby amended in its entirety as
hereinafter set forth in this ordinance.
Section 2. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated March 3, 2008, made by the Planning and Development Commission, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 3. That Chapter 19.08, Section 19.08.020 entitled “Zoning District Map” of
the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
The boundaries hereinafter laid out in the „Zoning District Map‟, as amended, be
and are hereby altered by including in the PCF Planned Community Facility
District the following described property:
Parcel One:
That Part Of The South 1/2 Of Section 2, Township 41 North, Range 8 East Of
The Third Principal Meridian, Described As Follows: Beginning At The
Intersection Of The Center Line Of A Public Highway (Route No. 22) With The
South Line Of Section 2; Thence Northerly Along Said Center Line On A Curve
To The Right 235.0 Feet; Thence North 31 Degrees, 57 Minutes, 0 Seconds East
Along Said Center Line 100.0 Feet; Thence North Along Said Center Line On A
Curve To The Left 386.5 Feet; Thence North 16 Degrees, 05 Minutes, 0 Seconds
East Along Said Center Line 100.0 Feet; Thence Northerly Along Said Center
Line On A Curve To The Right 137.4 Feet; Thence South 65 Degrees, 59
Minutes, 0 Seconds East 133.9 Feet; Thence South 40 Degrees, 09 Minutes, 0
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275
Seconds East 303.8 Feet; Thence South 84 Degrees, 49 Minutes, 0 Seconds East
397.7 Feet; Thence South 58 Degrees, 40 Minutes, 0 Seconds East 1043.88 Feet
To The South Line Of Said Section; Thence West Along Said South Line 1995.10
Feet To The Point Of Beginning; (Except That Part Lying Westerly Of The
Center Line Of The Highway As Originally Located); In The City Of Elgin, Kane
County, Illinois.
Parcel Two:
That Part Of The South 1/2 Of Section 2, Township 41 North, Range 8 East Of
The Third Principal Meridian, Described As Follows: Commencing At The Point
Of Intersection Of The Old Center Line Of State Bond Issue Route 22, Now State
Route No. 31, With The South Line Of Said Section 2; Thence East Along Said
South Line 119.50 Feet To The Easterly Line Of State Bond Issue Route 22 As
Established By Instrument Dated April 12, 1957, And Recorded November 1,
1957 In Map Book 38, Page 29 As Document 848175; Thence Northeasterly
Along Said Easterly Line On A Curve To The Right Having A Radius Of
2,610.89 Feet (The Chord Of Said Curve Forms An Angle Of 69 Degrees, 47
Minutes, 0 Seconds To The Left With The Prolongation Of The Last Described
Course), A Distance Of 205.5 Feet; Thence Northeasterly Along Said East erly
Line, Being Tangent To The Last Described Curve, A Distance Of 316.89 Feet;
Thence Northeasterly Along Said Easterly Line On A Curve To The Left Having
A Radius Of 4,986.15 Feet, A Distance Of 383.9 Feet For The Point Of
Beginning; Thence Northeasterl y Along Said Easterly Line, Being Along A
Curve To The Left Having A Radius Of 4,986.15 Feet, A Distance Of 230 Feet;
Thence Northeasterly Along A Line That Forms An Angle Of 15 Degrees, 56
Minutes, 0 Seconds To The Right With The Prolongation Of The Chord Of The
Last Described Curve, A Distance Of 118.07 Feet; Thence Southeasterly Along A
Line That Forms An Angle Of 106 Degrees, 30 Minutes, 0 Seconds To The Right
With The Prolongation Of The Last Described Course, A Distance Of 196.82
Feet; Thence Northeasterly At Right Angles To The Last Described Course,
Being Parallel With The Southeasterly Line Of Parcel No. N-4d-65. 3 Acquired
By The Illinois Toll Highway Commission Through Proceedings Filed In The
Circuit Court Of Kane County As Case No. 57-305, A Distance Of 297.79 Feet;
Thence Northwesterly At Right Angles To The Last Described Course 246.52
Feet To The Southeasterly Line Of Said Parcel No. N-4d-65. 3; Thence
Northeasterly Along Said Southeasterly Line, Being At Right Angles To The Last
Described Course, 227.97 Feet To The Most Westerly Corner Of Riverside
Manor, Unit No. 1, Being A Subdivision Of Part Of Section 2, Township 41
North, Range 8 East Of The Third Principal Meridian; Thence South 10 Degrees,
44 Minutes, 0 Seconds East Along The Westerly Line Of Said Riverside Manor,
Unit No. 1, 554.15 Feet To The Southwest Corner Of Lot 9 Of Said Unit No. 1;
Thence Easterly Along The Southerly Line Of Said Lot 9, 72 Feet; Thence South
10 Degrees, 44 Minutes, 0 Seconds East Parallel With The Extension Of The
Westerly Line Of Said Lot 9, 175 Feet; Thence Westerly Parallel With The
Southerly Line Of Said Lot 9, 72 Feet; Thence South 10 Degrees, 44 Minutes, 0
Seconds East Along The Extension Of The Westerly Line Of Said Lot 9, 308.33
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276
Feet; Thence North 58 Degrees, 40 Minutes, 0 Seconds West 24 Feet; Thence
North 84 Degrees, 49 Minutes, 0 Seconds West 397.7 Feet; Thence North 40
Degrees, 09 Minutes, 0 Seconds West 303.8 Feet; Thence North 65 Degrees, 59
Minutes, 0 Seconds West 77.79 Feet To The Point Of Beginning; In The City Of
Elgin, Kane County, Illinois.
Parcel Three:
That Part Of The South Half Of Section 2, Township 41 North, Range 8 East Of
The Third Principal Meridian, Described As Follows: Commencing At The Point
Of Intersection The Center Line Of State Route No. 31 With The South Line Of
Said Of Section; Thence Northerly Along Said Center Line On A Curve To The
Right 235 Feet; Thence North 31 Degrees 57 Minutes East Along Said Center
Line 100 Feet; Thence Northerly Along Said Center Line On A Curve To The
Left 386.5 Feet; Thence North 16 Degrees 5 Minutes East Along Said Center Line
100 Feet; Thence Northerly Along Said Center Line On A Curve To The Right
137.4 Feet; Thence South 65 Degrees 59 Minutes East A Distance Of 56.11 Feet
To The Easterly Line Of State Bond Issue Route 22 (Federal Aid Route 23) By
Document No. 848175; Thence Northeasterly Along Said Easterly Line, Being
Along A Curve To The Left Having A Radius Of 4986.15 Feet (The Chord Of
Said Curve Forms An Angle Of 97 Degrees 40 Minutes To The Left With The
Prolongation Of The Last Described Course), A Distance Of 230 Feet; Thence
Northeasterly Along A Line That Forms An Angle Of 15 Degrees 56 Minutes To
The Right With The Prolongation Of The Chord Of The Last Described Curve, A
Distance Of 118.07 Feet For The Point Of Beginning; Thence Southeasterly
Along A Line That Forms An Angle Of 106 Degrees 30 Minutes To The Right
With The Prolongation Of The Last Described Course A Distance Of 196.82 Feet;
Thence Northeasterly At Right Angle To The Last Described Course; Being
Parallel With The Southeasterly Line Of Parcel No. N-4d-65.3 Acquired By The
Illinois Toll Highway Commission Through Proceedings Filed In The Circuit
Court Of Kane County As Case No. 57-305, A Distance Of 297.79 Feet; Thence
Northwesterly At Right Angle The Last Described Course, A Distance Of 246.52
Feet To The Southeasterly Line Of Said Parcel No. N -4d-65.3; Thence
Southwesterly Along The Southeasterly Line Of Said Parcel No. N-4d-65.3 A
Distance Of 130.0 Feet; Thence Southwesterly, A Distance Of 175.0 Feet To The
Point Of Beginning, In The City Of Elgin, Kane County, Illinois.
Parcel Four:
Lot 4 Of Riverside Manor, Unit 1, Being A Subdivision Of Part Of Section 2,
Township 41 North, Range 8 East Of The Third Principal Meridian, In The City
Of Elgin, In Kane County, Illinois.
Parcel Five
The Westerly 72 Feet Of Lots 8 And 9 Of Riverside Manor, Unit 1, Being A
Subdivision Of Part Of Section 2, Township 41 North, Range 8 East Of The Third
Principal Meridian, In The City Of Elgin, In Kane County, Illinois.
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277
Parcel Six:
That Part Of The Southeast Quarter Of Section 2, Township 41 North, Range 8
East Of The Third Principal Meridian, Described As Follows: Beginning At The
Southwest Corner Of Lot 9 Of Riverside Manor, Unit No. 1, Being A Subd ivision
Of Part Of Section 2, Township 41 North, Range 8 East Of The Third Principal
Meridian; Thence Easterly Along The Southerly Line Of Lot 9 A Distance Of 72
Feet To The Point Of Beginning; Thence South 10 Degrees 44 Minutes East
Parallel With The Westerly Line Extended Of Said Lot 9 A Distance Of 175 Feet;
Thence Easterly Parallel With The Southerly Line Of Said Lot 9, 171.33 Feet To
The Westerly Line, Extended Southerly, Of Tyler Lane, As Located Along The
Easterly Line Of Said Lot 9; Thence Northerly Along Said Extended Westerly
Line, On A Curve To The Left, Having A Radius Of 1175.94 Feet A Distance Of
107.71 Feet To The Southerly Line Of Said Unit No. 1; Thence Westerly Along
Said Southerly Line 58.05 Feet To An Angle In Said Southerly Line; Thence
Northerly At Right Angles To The Last Described Course 66 Feet To The
Southerly Line Of Said Lot 9; Thence Westerly Along Said Southerly Line
129.96 Feet To The Point Of Beginning, (Except That Part Of The Northwest 1/4
Of Section 2, Township 41 North, Range 8 East Of The Third Principal Meridian,
And Part Of Vacated Tyler Lane In Riverside Manor Subdivision Unit 1, Being A
Subdivision Of Part Of Said Section 2, Described As Follows: Commencing At
The Southwest Corner Of Lot 9 Of Said Riverside Manor Unit No. 1; Thence
North 86 Degrees 33 Minutes 00 Seconds East Along The South Line Of Said Lot
9, A Distance Of 101.88 Feet For The Point Of Beginning; Thence South 10
Degrees 37 Minutes 03 Seconds East 119.55 Feet; Thence South 58 Degrees 23
Minutes 10 Seconds East 51.72 Feet; Thence North 83 Degrees 1 Minutes 22
Seconds East 104.86 Feet To The West Line Of Lot 36 Of Riverside Manor Unit
2, A Subdivision Of Section 2 Aforesaid; Thence North 06 Degrees 16 Minutes
07 Seconds West Along Said West Line 76.35 Feet To The Northwest Corner Of
Said Lot 36; Thence Northerly Along The Westerly Right Of Way Line Of Tyler
Lane Being On A Curve To The Left And Having A Radius Of 1175.94 Feet, An
Arc Distance Of 66.42 Feet To The Southeast Corner Of Lot 9 Aforesaid; Thence
South 86 Degrees 33 Minutes 00 Seconds West Along The South Line Of Said
Lot, 150.08 Feet To The Point Of Beginning, In The City Of Elgin, Kane County,
Illinois.
Parcel Seven:
That Part Of The Northwest 1/4 Of Section 2, Township 41 North, Range 8 East
Of The Third Principal Meridian, And Part Of Vacated Tyler Lane In Riverside
Manor Subdivision Unit 1, Being A Subdivision Of Part Of Said Section 2,
Described As Follows: Commencing At The Southwest Corner Of Lot 9 Of Said
Riverside Manor Unit No. 1; Thence North 86 Degrees 33 Minutes 00 Seconds
East Along The South Line Of Said Lot 9, A Distance Of 101.88 Feet For The
Point Of Beginning; Thence South 10 Degrees 37 Minutes 03 Seconds East
119.55 Feet; Thence South 58 Degrees 23 Minutes 10 Seconds East 51.72 Feet;
Thence North 83 Degrees 11 Minutes 22 Seconds East 104.86 Feet To The West
Line Of Lot 36 Of Riverside Manor Unit 2, A Subdivision Of Section 2
MAY 14, 2008 VOLUME LXXIII
278
Aforesaid; Thence North 06 Degrees 16 Minutes 07 Seconds West Along Said
West Line 76.35 Feet To The Northwest Corner Of Said Lot 36; Thence
Northerly Along The Westerly Right Of Way Line Of Tyler Lane Being On A
Curve To The Left And Having A Radius Of 1175.94 Feet, An Arc Distance Of
66.42 Feet To The Southeast Corner Of Lot 9 Aforesaid; Thence South 86
Degrees 33 Minutes 00 Seconds West Along The South Line Of Said Lot, 150.08
Feet To The Point Of Beginning, In The City Of Elgin, Kane County, Illinois.
Parcel Eight:
That Part Of The Southeast Fractional Quarter Of Section 2, Township 41 North,
Range 8 East Of The Third Principal Meridian, Described As Follows:
Commencing At The Southwest Corner Of Lot 9 Of Riverside Manor, Unit No. 1,
Being A Subdivision Of Part Of Section 2, Township 41 North, Range 8 East Of
The Third Principal Meridian; Thence South 10 Degrees 44 Minutes East Along
The Westerly Line Extended Southerly Of Said Lot 9, 483.33 Feet; Thence
Southeasterly Along A Line Forming An Angle Of 47 Degrees 56 Minutes To
The Left With The Prolongation Of The Last Described Course, 1019.88 Feet To
The South Line Of Said Southeast Quarter For The Point Of Beginning; Thence
Northwesterly Along The Last Described Course 1019.88 Feet To The Westerly
Line Extended Southerly Of Said Lot 9; Thence North 10 Degrees 44 Minutes
West Along Said Extended Westerly Line 308.33 Feet To A Point 175 Feet
Southerly Of The Southwest Corner Of Said Lot 9; Thence Easterly Parallel With
The Southerly Line Of Said Lot 9, 243.33 Feet To The Westerly Line Of Lot 36
Of Riverside Manor, Unit No. 2; Thence South 5 Degrees 18 Minutes East Along
The Westerly Line Of Said Lot 36, 27.78 Feet To An Angle Point In Said Line;
Thence South 57 Degrees 41 Minutes East Along The Southwesterly Line Of Said
Lot 36, 143.37 Feet To An Angle Point In Said Line; Thence North 80 Degrees
22 Minutes East Along The Southerly Line And Southerly Line Extended Of Said
Lot 36, 600.6 Feet To The Southeast Corner Of Lot 40 Of Said Riverside Manor,
Unit No. 2; Thence North 9 Degrees 38 Minutes West 190 Feet To The Northeast
Corner Of Said Lot 40; Thence North 11 Degrees 34 Minutes East 70.79 Feet To
The Southeast Corner Of Lot 41 Of Said Riverside Manor, Unit No. 2; Thence
North 80 Degrees 22 Minutes East Along The Northerly Line Extended Easterly
Of Hazel Drive As Platted In Said Riverside Manor, Unit No. 2, 296 Feet; Thence
North 10 Degrees 08 Minutes West 52.52 Feet; Thence Northerly Along A Curve
To The Right Having A Radius Of 727.45 Feet And Being Tangent To The Last
Described Course, 292.01 Feet; Thence North 12 Degrees 52 Minutes East
Tangent To The Last Described Curve 124.56 Feet; Thence North 89 Degrees 34
Minutes East 281.15 Feet To A Line Drawn Parallel With And 537.33 Feet West
Of, (Measured Along The Southerly Line Of A Tract Of Land Conveyed To
Northern Illinois Gas Company By Deed Recorded November 28, 1958 In Book
1932, Page 239, As Document 876705) The East Line Of Said Southeast Quarter;
Thence South 0 Degrees 26 Minutes East Along Said Parallel Line 1506.74 Feet
To A Point 2495 Feet South Of, Measured Along Said Parallel Line, The
Southerly Line Of Said Northern Illinois Gas Company Tract; Thence North 77
Degrees 40 Minutes 40 Seconds West 274.64 Feet; Thence Southwesterly To A
VOLUME LXXIII MAY 14, 2008
279
Point On The South Line Of Said Southeast Quarter Which Is 144 Feet East Of
The Point Of Beginning; Thence West Along Said South Line 144 Feet To The
Point Of Beginning; (Except That Part Lying Northerly Of The Northerly Line
Extended Easterly Of Hazel Drive, Being Also Northerly Line Of Roadway
Easement Document 1462802, In The City Of Elgin, Kane County, Illinois.
Section 4. That the City Council of the City of Elgin hereby classifies the
subject property in this PCF Planned Community Facility District in accordance with the
following provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a
planned environment for various types of community facilities, subject to the provisions
of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as
amended. In general, community facilities provide governmental, recreational,
educational, health, social, religious, and transportation services to the community on a
for-profit or a not-for-profit basis.
B. Supplementary Regulations. Any word or phrase contained herein, followed by the
symbol “[SR]”, shall be subject to the definitions and the additional interpretive
requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin
Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such
word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PCF zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the
Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PCF zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts,
of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PCF zoning district should be located in substantial
conformance to the official comprehensive plan. The amount of land necessary to
constitute a separate PCF zoning district exclusive of rights-of-way, but including
adjoining land or land directly opposite a right of way shall not be less than two acres.
F. Land Use. In this PCF zoning district, the use of land and structures shall be subject to
the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as
amended. The following enumerated “land uses” [SR] shall be the only land uses
allowed as a “permitted use” [SR] in this PCF zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses allowed
as a permitted use in this PCF Community Facility District:
MAY 14, 2008 VOLUME LXXIII
280
Services Division
1. “Athletic fields and sports fields” (UNCL).
2. “Churches, convents, monasteries, and temples” (8661).
3. “Colleges, universities, and professional schools” (8221)
4. “Sporting and recreational camps” (7032).
Construction Division.
5. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
6. "Commercial antennas and antenna structures mounted on existing structures" [SR]
(UNCL).
7. "Radio and television antennas" [SR] (UNCL).
8. "Satellite dish antennas" [SR] (UNCL).
9. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
10. "Fences and walls" [SR] (UNCL).
11. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the
provisions of Chapter 19.47, Off Street Loading.
12. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this
PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking.
13. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in
this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking.
14. "Refuse collection area" [SR].
15. "Storage Tanks" [SR] (UNCL).
16. "Temporary uses" [SR] (UNCL).
17. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF
Community Facility District, subject to the provisions of Section 19.12.500, Accessory
Structures and Buildings.
18. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community
Facility District, subject to the provisions of Section 19.10.400, Component Land Uses.
Conditional Uses. The following enumerated land uses shall be the only land uses
allowed as a conditional use in this PCF Community Facility District:
Services Division.
1. "Institutional child day care services" [SR] (8351).
Transportation, Communication and Utilities Division.
2. "Conditional commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
3. "Conditional Commercial Antenna Tower" [SR] (UNCL).
4. "Other radio and television antennas" [SR] (UNCL).
5. "Other satellite dish antennas" [SR] (UNCL).
6. “Pipelines, except natural gas” (461).
VOLUME LXXIII MAY 14, 2008
281
7. "Treatment, transmission, and distribution facilities: equipment, equipment buildings,
towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
8. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of
land, subject to the provisions of Chapter 19.60, Planned Developments.
9. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF
Community Facility District, subject to the provisions of Section 19.12.500, Accessory
Structures and Buildings.
10. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF
Community Facility District, subject to the provisions of Section 19.10.400, Component
Land Uses.
G. Site Design and Further Land Use Limitations. In this PCF District, the site design
regulations shall be as required in the CF District, pursuant to Chapter 19.30.135 Site
Design, of the Elgin Municipal Code, as may be amended from time to time. The
development of land and structures and use thereof shall also be in substantial
conformance with the following:
1. Substantial conformance to the Development Application prepared by Burnidge
Cassell Associates, dated January, 2005; and the Exterior Elevation Drawings and
Main Floor Plans of the Harm Weber Library and Academic Center, prepared by
Short and Associates and Burnidge Cassell Associates.
2. Substantial conformance to the Development Agreement dated May 14, 2008, by and
between the City of Elgin, Illinois, Judson University, and the Chicago Bandits LLC,
3. Substantial conformance to the site plan prepared by LandVision entitled “Proposed
Chicago Bandits Site Improvements”, dated February 28, 2008.
4. Substantial conformance to the stormwater management permit application for the
Chicago Bandits Field, Elgin, Illinois, prepared by Christopher B. Burke Engineering
West, Ltd., dated March 28, 2008.
5. All events scheduled on the exterior fields on the Subject Property, including, but not
limited to, the Chicago Bandits home games, shall be scheduled to end no later than
10:00 p.m.
6. Lighting for all fields on the Subject Property shall be turned off each day no later
than 10:30 p.m., provided, however, that the lighting may remain on after 10:30 p.m.
in the event a game is continued and has been delayed or extended due to a rain delay
or extra innings. Lighting for any fields on the Subject Property shall not be turned
on unless there is an event taking place on such field. No additional lighting shall be
added to any fields on the Subject Property unless pursuant to an amendment to this
PCF Planned Community Facility District ordinance.
MAY 14, 2008 VOLUME LXXIII
282
7. The amplification system to be installed for the field proposed to be utilized by the
Chicago Bandits shall be in substantial conformance with the proposal for the outdoor
sound system prepared by RC Communications dated April 11, 2008 and shall be the
only sound amplification system or device installed, utilized or operated on the
softball field on the subject property proposed to be utilized by the Chicago Bandits
(the “Subject Amplification System”). The Subject Amplification System shall be
operated and utilized solely and only in conjunction with Chicago Bandits home
games on the subject property and the Subject Amplification System shall not be
operated or utilized for any other events or for any other entities on any fields or
exterior areas on the Subject Property. The Subject Amplification System shall not
be operated or utilized for more than thirty (30) minutes prior nor later than thirty
(30) minutes after the scheduled commencement and ending of any Chicago Bandits
games on the property. The Subject Amplification System shall be designed,
constructed, maintained, utilized and operated in conformance with all applicable
federal, state, city and other requirements of law. The software for the Subject
Amplification System shall be programmed and maintained to limit the maximum
sound pressure level which can be produced by the Subject Amplification System to
88dBA as measured in the audience area at the softball field on the Subject Property
proposed to be utilized by the Chicago Bandits. The Subject Amplification System
shall not be operated or utilized to generate a sound pressure level in excess of
88dBA as measured in the audience area for the softball field on the Subject Property
proposed to be utilized by the Chicago Bandits. The Subject Amplification System
shall not be operated or utilized in such a manner which constitutes a nuisance or
creates a disturbance for any other property.
8. The existing amplification system utilized by Judson University on the baseball field
on the subject property (the “Existing Amplification System”) shall be maintained,
utilized and operated in conformance with all applicable federal, state, city and other
requirements of law and shall not be operated or utilized in such a manner which
constitutes a nuisance or creates a disturbance for any other property. The Existing
Amplification System shall not be operated or utilized to generate a sound pressure
level in excess of 88dBA as measured in the audience area on the baseball field on the
Subject Property. With the exception of the Subject Amplification System and the
Existing Amplification System, there shall be no other sound amplification systems or
devices installed, operated or utilized for any other fields or exterior areas on the
Subject Property.
9. Fireworks displays shall be conducted on the Subject Property solely and only in
conjunction with Chicago Bandits home games on Friday nights. Fireworks displays
shall be commenced at dusk after the completion of a Chicago Bandits home game on
a Friday night and such fireworks displays will be conducted for no more than
approximately thirty (30) minutes. No fireworks display shall be commenced after
10:30 p.m. Any fireworks displays shall also be conducted in accordance with all
applicable federal, state, city and other requirements of law.
VOLUME LXXIII MAY 14, 2008
283
10. Compliance with all other applicable codes and ordinances.
H. Off-Street Parking. In this PCF District, off street parking shall be subject to the
provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as
amended.
I. Off-Street Loading. In this PCF District, off street loading shall be subject to the
provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as
amended.
J. Street Graphics. In this PCF District, street graphics shall be subject to the provisions of
Chapter 19.50, Street Graphics of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PCF District, application for text and map amendments shall be
subject to the provisions of Chapter 19.55, Amendments. A text and map amendment
may be requested by an individual lot or property owner for a zoning lot without
necessitating that all other property owners in this PCF zoning district authorize such an
application.
L. Planned Developments. . In this PCF zoning district, the use and development of the
land and structures shall be subject to the provisions of Chapter 19.60, Planned
Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a
planned development may be requested by an individual lot or property owner for a
zoning lot without requiring an amendment to this PCF zoning district and without
necessitating that all other property owners in this PCF zoning district authorize such an
application.
M. Conditional Uses. In this PCF zoning district, the use and development of the land and
structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the
Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment to this
PCF zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
N. Variations. In this PCF District, the use and development of the land and structures shall
be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code,
1976, as amended. Any of the requirements of this ordinance may be varied by petition of
a lot or property owner for a zoning lot without requiring an amendment to this P CF
zoning district and without necessitating that all other property owners in this PCF zoning
district authorize such an application.
O. Subdivisions – Generally. The subdivision of the subject property and development
thereof shall comply with the subdivision regulations of the city, as amended, and the Plat
Act of the State of Illinois.
MAY 14, 2008 VOLUME LXXIII
284
P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976,
as amended.
Section 5. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Passed: May 14, 2008
Vote: Yeas: 6 Nays: 0
Recorded: May 15, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-123 ADOPTED AUTHORIZING EXECUTION OF A
DEVELOPMENT AGREEMENT WITH THE CHICAGO BANDITS, L.L.C. AND
JUDSON UNIVERSITY FOR THE PURPOSE OF PROVIDING WOMEN’S
PROFESSIONAL SOFTBALL
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-123
RESOLUTION
AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH
THE CHICAGO BANDITS, L.L.C. AND JUDSON UNIVERSITY
FOR THE PURPOSE OF PROVIDING WOMEN‟S PROFESSIONAL SOFTBALL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute a Development Agreement on behalf of the City of Elgin with the Chicago
Bandits, L.L.C. and Judson University for the purpose of providing women‟s professional
softball, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII MAY 14, 2008
285
Presented: May 14, 2008
Adopted: May 14, 2008
Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-124 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT (PORTION OF 391 N. STATE STREET)
Councilmember Powers made a motion, seconded by Councilmember Walters, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-124
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
(Portion of 391 N. State Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Bruce J.
Carter, as Trustee under Trust dated December 6, 1986 and known as the Bruce J. Carter Trust
No. l, and Nuggehalli Nandkumar, as Trustee under Trust dated May 21, 1986 and known as the
Nuggehalli Nandkumar Trust No. 1, for the purchase of property commonly known as a portion
of 391 North State Street, Elgin, for $40,000, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Adopted: May 14, 2008
Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
MAY 14, 2008 VOLUME LXXIII
286
RESOLUTION 08-125 ADOPTED AUTHORIZING EXECUTION OF AN ACCESS
ROAD LICENSE AGREEMENT WITH STATE BANK OF COUNTRYSIDE, AS
TRUSTEE UNDER TRUST AGREEMENTS DATED JUNE 15, 1990, KNOWN AS
TRUST NOS. 90-689 AND 90-690, HENRY LOUKOTA AND LAKOTA, INC.
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-125
RESOLUTION
AUTHORIZING EXECUTION OF AN ACCESS ROAD LICENSE AGREEMENT WITH
STATE BANK OF COUNTRYSIDE, AS TRUSTEE UNDER TRUST AGREEMENTS
DATED JUNE 15, 1990 KNOWN AS TRUST NOS. 90-689 AND 90-690,
HENRY LOUKOTA, AND LAKOTA, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with State Bank
of Countryside, as Trustee under Trust Agreements dated June 15, 1990, known as Trust Nos.
90-689 and 90-690, Henry Loukota and Lakota, Inc. for an Access Road License Agreement in
connection with the City‟s construction of its golf course on its adjacent Sports Complex
property, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Adopted: May 14, 2008
Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to authorize the
following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII MAY 14, 2008
287
PAYEE
AMOUNT REASON
Seyfarth Shaw
Chicago, IL
$12,865.05 Legal Services for the City
Harvard University
Cambridge, MA
$10,900.00 Senior Executives in State and Local
Government Training-Sean Stegall
CONSENT AGENDA
By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember
Figueroa, to pass Ordinance Nos. G20-08 through G24-08 (excluding G23-08) and adopt
Resolution Nos. 08-115 through 08-122 by omnibus vote. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
RESOLUTION 08-115 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT (140 N. CHANNING STREET)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-115
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
(140 N. Channing Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that
an exception to the requirements of the procurement ordinance is necessary and in the best
interest of the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are
hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of
Elgin with Juan Martinez and Alicia Martinez, for the purchase of the property commonly
known as 140 N. Channing Street, Elgin, for $211,000, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
MAY 14, 2008 VOLUME LXXIII
288
Presented: May 14, 2008
Adopted: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-116 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH RANDY W. TRULL FOR GOLF COURSE CONSTRUCTION MANAGEMENT
(PHASE II-THE HIGHLANDS OF ELGIN)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-116
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
RANDY W. TRULL FOR GOLF COURSE CONSTRUCTION MANAGEMENT
(Phase II-The Highlands of Elgin)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that
an exception to the requirements of the procurement ordinance is necessary and in the best
interest of the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are
hereby authorized and directed to execute an agreement on behalf of the City of Elgin with
Randy W. Trull for golf course construction management on Phase II of the Highlands of Elgin
Golf Course, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Adopted: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII MAY 14, 2008
289
RESOLUTION 08-117 ADOPTED APPROVING AN AMENDMENT TO THE HEALTH
REIMBURSEMENT AGREEMENT
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-117
RESOLUTION
APPROVING AN AMENDMENT TO THE HEALTH REIMBURSEMENT AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin desires to amend the City of Elgin FlexHRA Plan definition of Section 5.04
in the Adoption Agreement – Eligible Spend-Down Expenses, effective March 1, 2008, to clarify
eligible expenses for Retirees and Terminated Employees, as set forth in the attached
Amendment; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, hereby adopts the attached Amendment to the City of Elgin Health Reimbursement
Arrangement effective as of March 1, 2008 and authorizes Olufemi Folarin, City Manager, to
execute the amendment, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Adopted: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-118 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE OFF-SITE WATER MAIN EXTENSION IMPROVEMENTS
FOR THE GLEN SUBDIVISION
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
MAY 14, 2008 VOLUME LXXIII
290
Resolution No. 08-118
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE OFF-SITE WATER MAIN
EXTENSION IMPROVEMENTS FOR THE GLEN SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that the City of Elgin hereby accepts for ownership and maintenance the off-site water main
extension improvements for the Glen Subdivision located south of Bowes Road and east of
Nolan Road and constructed by Toll Brothers, Inc.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Adopted: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-119 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE
CONTRACT WITH CB&I CONSTRUCTORS, INC. FOR THE HIGHLAND AVENUE
OVERHEAD TANK (T-11)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-119
RESOLUTION
APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH
CB&I CONSTRUCTORS, INC.
FOR THE HIGHLAND AVENUE OVERHEAD TANK (T-11)
WHEREAS, the City of Elgin has heretofore entered into a contract with CB&I
Constructors, Inc., for the construction of the Highland Avenue Overhead Tank (T-11); and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is
described in Change Order No.1, attached hereto.
VOLUME LXXIII MAY 14, 2008
291
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and
directed to execute Change Order No.1, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Adopted: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-120 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE
CONTRACT WITH H. LINDEN & SONS SEWER & WATER, INC. FOR PHASE I OF
THE JOINT LIME WASTE DISPOSAL MAIN
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-120
RESOLUTION
APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH
H. LINDEN & SONS SEWER & WATER, INC.
FOR PHASE I OF THE JOINT LIME WASTE DISPOSAL MAIN
WHEREAS, the City of Elgin has heretofore entered into a contract with H. Linden &
Sons Sewer & Water, Inc., for Phase I of the Joint Lime Waste Disposal Main; and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is
described in Change Order No.1, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and
directed to execute Change Order No.1, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
MAY 14, 2008 VOLUME LXXIII
292
Presented: May 14, 2008
Adopted: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-121 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH ENGINEERING ENTERPRISES, INC.
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-121
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ENGINEERING ENTERPRISES, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Engineering
Enterprises, Inc. for the Bowes Road salt storage facility, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Adopted: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXIII MAY 14, 2008
293
RESOLUTION 08-122 ADOPTED AUTHORIZING EXECUTION OF A FIRST
AMENDMENT AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND
GENDE, INC.
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-122
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH
REZEK, HENRY, MEISENHEIMER and GENDE, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute a first amendment agreement on behalf of the City of Elgin
with Rezek, Henry, Meisenheimer and Gende, Inc., for engineering services associated with the
Highland Avenue Overhead Tank (T-11), a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Adopted: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G20-08 PASSED AMENDING TITLE 13 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED “STREETS AND SIDEWALKS,”
ESTABLISHING STANDARDS FOR THE CONSTRUCTION OF UTILITY
FACILITIES IN THE RIGHT-OF-WAY
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
MAY 14, 2008 VOLUME LXXIII
294
Ordinance No. G20-08
AN ORDINANCE
AMENDING TITLE 13 OF THE ELGIN MUNICIPAL CODE,
1976, AS AMENDED, ENTITLED “STREETS AND SIDEWALKS,”
ESTABLISHING STANDARDS FOR
THE CONSTRUCTION OF UTILITY FACILITIES IN THE
RIGHT-OF-WAY
WHEREAS, the City of Elgin is a home rule municipality in accordance with the
Constitution of the State of Illinois of 1970; and
WHEREAS, the City 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-
ways and that protect the public health, safety, and welfare of its citizens; and
WHEREAS, the City uses the public right-of-way within its corporate limits to provide
essential public services to its residents and businesses, including traffic control signals, 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 right-of-way within the City; 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
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 City; and
WHEREAS, these regulatory and technological changes have resulted in demands for
access to and use of the public right-of-way in the City 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 right-of-way in the City; and
VOLUME LXXIII MAY 14, 2008
295
WHEREAS, the public right-of-way within the City is a limited public resource held in
trust by the City for the benefit of its citizens and the City has a custodial duty to ensure that the
public right-of-way is used, repaired and maintained in a manner that best serves the public
interest; and
WHEREAS, the corporate authorities of the City find and determine that it is necessary
to and in the best interests of the public health, safety and general welfare to esta blish uniform
standards and regulations for access to and use of the public right-of-way in the City by utility
service providers and other persons and entities that desire to place structures, facilities or
equipment in the public right-of-way, so as to (i) prevent interference with the use of streets,
sidewalks, alleys and other public ways and places by the City 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 City‟s utilities and of other utilities lawfully
located in public right-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 City‟s home rule powers, the
Corporate Authorities having determined that the regulation of the use of the public right-of-way
in the City is a matter pertaining to the affairs of the City as provided in Article VII, Section 6 of
the Constitution of the State of Illinois of 1970; and
WHEREAS, in addition to the City's power 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.,
as amended, including, without limitation, Sections 11-20-5, 11-20-10, 11-42-11, 11-42-111.2,
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, as amended; (iii) the Illinois Highway Code,
including, without limitation, Articles 7 and 9 thereof, 605 ILCS 5/1-101 et seq., as amended;
(iv) the Simplified Municipal Telecommunications Tax Act, 35 ILCS 636/1 et seq., as amended;
and (v) the Cable and Video Competition Law of 2007, 220 ILCS 5/21 -100 et seq., as amended;
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 City 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 Ill. Adm. Code §530.10 et seq.; and
WHEREAS, the City hereby finds that it is in the best interest of the City, the public and
the utilities using the public right-of-way to establish a comprehensive set of construction
standards and requirements to achieve various beneficial goals, including, without limitation,
MAY 14, 2008 VOLUME LXXIII
296
enhancing the planning of new utility facilities; minimizing interference with, and damage to,
right-of-way and the streets, sidewalks, and other structures and improvements located in, on,
over and above the right-of-way; and reducing costs and expenses to the public;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
Elgin as follows:
Section 1. 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 2. Adoption. That Title 13 of the Elgin Municipal Code, 1976, as amended,
entitled “Streets and Sidewalks,” be and is hereby amended to create Chapter 13.15 to read as
follows:
“CHAPTER 13.15
CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHT-OF-WAY
SECTION:
I: PURPOSES; DEFINITIONS
13.15.010: Purpose and Scope
13.15.020: Definitions
II: REGISTRATION; PERMITS
13.15.030: Annual Registration Required
13.15.040: Permit Requires; Application and Fees
13.15.050: Action on Permit Applications
13.15.060: Effect of Permit
13.15.070: Revised Permit Drawings
13.15.080: Insurance
13.15.090: Indemnification
13.15.100: Security
13.15.110: Permit Suspension and Revocation
13.15.120: Change of Ownership or Owner‟s Identity or Legal Status
III: CONSTRUCTION REQUIREMENTS
13.15.130: General Construction Standards
13.15.140: Traffic Control
13.15.150: Location of Facilities
13.15.160: Construction Methods and Materials
13.15.170: Vegetation Control
13.15.180: Removal, Relocation, or Modifications of Utility Facilities
13.15.190: Cleanup and Restoration
13.15.200: Maintenance and Emergency Maintenance
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IV: VARIANCES
13.15.210: Variances
13.15.220: Penalties
13.15.230: Enforcement
13.15.240: Severability
I: PURPOSES; DEFINITIONS
13.15.010: PURPOSE AND SCOPE:
A. Purpose. The purpose of this Chapter is to establish policies and procedures for
constructing facilities on right-of-way within the City‟s jurisdiction, which will provide
public benefit consistent with the preservation of the integrity, safe usage, and visual
qualities of the City rights-or-way and the City as a whole.
B. Intent. In enacting this Chapter, the City intends to exercise its authority over the rights-
of-way in the City 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 City‟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
of utility facilities;
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 City‟s
neighborhoods;
8. Prevent visual blight from the proliferation of facilities in the right-of-way; and
9. Assure the continued safe use and enjoyment of private properties adjacent to utility
facilities locations.
MAY 14, 2008 VOLUME LXXIII
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C. Facilities Subject to This Chapter. This Chapter applies to all facilities on, over, above,
along, upon, under, across, or within the public right-of-way within the jurisdiction of the
City. A facility lawfully established prior to the effective date of this Chapter 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 Agreements. The City, 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
the City right-of-way. Utilities that are not required by law to enter into such an
agreement may request that the City enter into such an agreement. In such an agreement,
the City may provide for terms and conditions inconsistent with this Chapter
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
City, such franchise, license or similar agreement shall govern and control during the
term of such agreement and any lawful renewal or extension thereof.
2. Telecommunications Providers. In the event of any conflict with, or inconsistency
between, the provisions of this Chapter and the provisions of any franchise, license or
similar agreement between the City 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.
F. Conflicts with Other Chapters. This Chapter supersedes all Chapters or parts of Chapters
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 Chapter, the utility shall comply with
the requirements of this Chapter to the maximum extent possible without violating
federal or State laws or regulations.
H. Sound Engineering Judgment. The City shall use sound engineering judgment when
administering this Chapter and may vary the standards, conditions, and requirements
expressed in this Chapter when the City so determines. Nothing herein shall be construed
to limit the ability of the City to regulate its right -of-way for the protection of the public
health, safety and welfare.
13.15.020: DEFINITIONS:
As used in this Chapter 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
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Section shall have the meaning ascribed to it in 92 Ill. Adm. Code §530.30, as amended, unless
the context clearly requires otherwise.
AASHTO: American Association of State Highway and Transportation Officials.
ANSI: American National Standards Institute.
APPLICANT: A person applying for a permit under this Chapter.
ASTM: American Society for Testing and Materials.
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), as amended.
CABLE SERVICE: That term as defined in 47 U.S.C. 522(6), as amended.
CABLE SYSTEM: That term as defined in 47 U.S.C. 522(7), as amended.
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.
CITY: The City of Elgin.
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 Elgin Municipal Code, 1976, as amended.
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.
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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.
CITY ENGINEER: The City of Elgin Engineer or his or her designee.
DISRUPT THE RIGHT-OF-WAY: For the purposes of this Chapter, any work that obstructs the
right-of-way or causes a material adverse effect on the use of the right-of-way for 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; and compaction or loosening of the soil, and shall not i nclude the parking
of vehicles or equipment in a manner that does not materially obstruct the flow of traffic on a
highway.
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.
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, fixtures, cabinets, boxes,
structures, devices and appurtenances thereto) located on, over, above, along, upon, under,
across, or within right-of-way under this Chapter. For the purposes of this Chapter, the term
“facility” shall not include any facility owned or operated by the City.
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 City Engineer 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,
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flammables, corrosives or any substance determined to be hazardous or toxic under any federal
or state law, statute or regulation.
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 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 ICC pursuant to the Illinois Cable and Video Competition Law, 220 ILCS 5/21-
401, as amended.
IDOT: 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.
Major Intersection: The intersection of two or more major arterial highways.
J.U.L.I.E.: Joint Utility Locating Information for Excavators, a not-for-profit corporation that
provides contractors, excavators, homeowners, and others who may be disturbing the earth, with
a free service through a single toll-free phone number to call for the locating and marking of
underground utility facilities pursuant to the Illinois Underground Utility Faci lity Damage
Prevention Act, 220 ILCS 50/1 et seq., as amended.
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: Any portion of the right-of-way not improved by street or sidewalk.
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 13.15.040 and
13.15.050 of this Chapter.
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PRACTICABLE: That which is performable, feasible or possible, rather than that which is
simply convenient.
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 petr oleum
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 City. 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: 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
City has the right and authority to authorize, regulate or permit the location of facil ities other
than those of the City. “Right-of-way” shall not include any real or personal City property that is
not specifically described in the previous two sentences and shall not include City 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 13.15.100.
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.
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TELECOMMUNICATIONS: This term includes, but is not limited to, messages or information
transmitted through use of local, toll and wide area telephone service, channel services, tel egraph
services, teletypewriter service, computer exchange service, private line services, 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 facil ities. “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 comp onent 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 City through an open video system as
defined in the Rules of the Federal Communications Commission (47 C..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 Chapter.
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 21-101(v) of the Illinois Cable and Video
Competition Law of 2007, 220 ILCS 21-201(v), as amended.
WATER LINES: Pipelines carrying raw or potable water.
WET BORING: Boring using water under pressure at the cutting auger to soften the earth and to
provide a sluice for the excavated material.
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II. REGISTRATION; PERMITS
13.15.030: ANNUAL REGISTRATION REQUIRED:
Every utility that occupies right-of-way within the City shall register on January 1 of each year
with the City Engineer, providing the utility‟s name, address and regular business telephone and
telecopy numbers, e-mail address, 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 13.15.080 of this Chapter, in the form of a certificate of insurance.
13.15.040: PERMIT REQUIRED; APPLICATIONS AND FEES:
A. Permit Required. No person shall construct (as defined in this Chapter) any facility on,
over, above, along, upon, under, across, or within any City 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 Chapter), 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 City Engineer and obtaining a permit from the
City therefor, except as otherwise provided in this Chapter. 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 Chapter shall be filed on
a form provided by the City and shall be filed in such number of duplicate copies as the
City 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 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;
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 th e 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;
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5. Evidence that the utility has placed on file with the Village[City]:
a. 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
b. 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 [City] 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 [City] finds that
additional information or assurances are needed;
6. 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;
7. Evidence of insurance as required in Section 13.15.08 of this Chapter;
8. Evidence of posting of the security fund as required in Section 13.15.100 of this
Chapter;
9. Any request for a variance from one or more provisions of this Chapter (see, section
13.15.210); and
10. Such additional information as may be reasonably required by the City.
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;
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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, the Fox River Water Reclamation District or the Metropolitan Water
Reclamation District of Greater Chicago 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 City 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 Chapter shall be accompanied by a fee in the
amount set forth in the Annual Fee Resolution. 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 Law (35 ILCS
635/15 et seq., as amended).
13.15.050: ACTION ON PERMIT APPLICATIONS:
A. City Review of Permit Applications. Completed permit applications, containing all
required documentation, shall be examined by the City Engineer within a reasonable time
after filing. If the application does not conform to the requirements of applicable
ordinances, codes, laws, rules, and regulations, the City Engineer shall reject such
application in writing, stating the reasons therefor. If the City Engineer is satisfied that
the proposed work conforms to the requirements of this Chapter and applicable
ordinances, codes, laws, rules, and regulations, the City Engineer 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 City Engineer, that the construction proposed under
the application shall be in full compliance with the requirements of this Chapter.
B. Additional City Review of Applications of Telecommunications Retailers.
1. Pursuant to Section 4 of the Telephone Company Act, 220 ILCS 65/4, a
telecommunications retailer shall notify the City that it intends to commence work
governed by this Chapter 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 City 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 City Engineer shall specify the
portion of the right-of-way upon which the facility may be placed, used and constructed.
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2. In the event that the City Engineer fails to provide such specification of location
to the telecommunications retailer within either (i) ten (10) days after service of notice to
the City 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 not commence work without obtaining
a permit under this Chapter.
3. Upon the provision of such specification by the City, where a permit is required
for work pursuant to Section 13.15.040 of this Chapter the telecommunications retailer
shall submit to the City 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 City 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 City, unless otherwise acted
upon by the City, provided the holder has complied with applicable City codes,
ordinances, and regulations.
13.15.060: EFFECT OF PERMIT:
A. Authority Granted; No Property Right or Other Interest Created. A permit from the City
authorizes a permittee to undertake only certain activities in accordance with this Chapter
on City right-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 right-of-
way.
B. Duration. No permit issued under this Chapter shall be valid for a period longer than six
(6) months unless construction is actually begun within that period and is thereafter
diligently pursued to completion.
C. Pre-Construction Meeting 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 City with such City representatives in attendance as the City deems necessary. The
meeting shall be for the purpose of reviewing the work under the permit and 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 right-of-way by the public during
construction, and access and egress by adjacent property owners.
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D. Compliance with All Laws Required. The issuance of a permit by the City does not
excuse the permittee from complying with other requirements of the City and applicable
statutes, laws, ordinances, rules, and regulations.
13.15.070: 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 City 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 Chapter, it shall be treated as a request for variance in accordance with Section 13.15.210 of
this Chapter. If the City 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.
13.15.080: INSURANCE:
A. Required Coverages 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 i nsuring
the utility as named insured and naming the City, and its elected and appointed officers,
officials, agents, and employees as additional insureds on the policies listed in
subparagraphs 1 and 2 of this subsection:
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:
a. Five million dollars ($5,000,000) for bodily injury or death to each person;
b. Five million dollars ($5,000,000) for property damage resulting from any one
accident; and
c. 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;
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.
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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 City within ten (10) days following receipt of a written request therefor
from the City.
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 City, by
registered mail or certified mail, return receipt requested, of a written notice
addressed to the City Manager of such intent to cancel or not to renew.”
Within ten (10) days after receipt by the City of said notice, and in no event later than ten
(10) days prior to said cancellation, the utility shall obtain and furnish to the City
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
City 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.
F. Effect of Insurance and Self-Insurance on Utility‟s Liability. The legal liability of the
utility to the City 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 effected
under valid and enforceable policies, issued by insurers legally able to conduct busin ess
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.
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13.15.090: INDEMNIFICATION:
By occupying or constructing facilities in the right-of-way, a utility shall be deemed to agree to
defend, indemnify and hold the City 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 right-of-way, and in providing or offering service over the
facilities, whether such acts or omissions are authorized, allowed or prohibited by this Chapter 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
Chapter by the City, its officials, officers, employees, agents or representatives.
13.15.100: 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 Chapter;
2. Any expenditure, damage, or loss incurred by the City occasioned by the permittee‟s
failure to comply with any codes, rules, regulations, orders, permits and other directives
of the City issued pursuant to this Chapter; and
3. The payment by permittee of all liens and all damages, claims, costs, or expenses that
the City may pay or incur by reason of any action or non -performance by permittee in
violation of this Chapter including, without limitation, any damage to public property or
restoration work the permittee is required by this Chapter to perform that the City 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 City from the permittee pursuant to
this Chapter or any other applicable law.
B. Form. The permittee shall provide the Security Fund to the City in the form, at the
permittee‟s election, of cash, a surety bond in a form acceptable to the City, or an
unconditional letter of credit in a form acceptable to the City. 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 City and the permittee;
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2. Not require the consent of the permittee prior to the collection by the City of any
amounts covered by it; and
3. Shall provide a location convenient to the City 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 City
Engineer, and may also include reasonable, directly related costs that the City 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 City, 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 City Engineer may, in the exercise of sound discretion, allow the permi ttee 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 City, 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 that the permittee has not
reimbursed the City 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 City for any damages, claims, costs or expenses which the City
has been compelled to pay or incur by reason of any action or non-performance by the
permittee; or
4. Fails to comply with any provision of this Chapter that the City 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 City
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 City, upon written request for said
withdrawal to the City, provided that any such withdrawal does not reduce the Security
Fund below the minimum balance required in Subsection (C) of this Section.
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G. Closing and Return of Security Fund. Upon completion of the work authorized u nder 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 City for failure by the permittee to comply with any
provisions of this Chapter 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 City to the extent necessary to cover any reasonable costs, loss or damage
incurred by the City 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. Rights Not Limited. The rights reserved to the City with respect to the Security Fund are
in addition to all other rights of the City, whether reserved by this Chapter 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 City may have. Notwithstanding the
foregoing, the City shall not be entitled to a double monetary recovery with respect to any
of its rights that may be infringed or otherwise violated.
13.15.110: PERMIT SUSPENSION AND REVOCATION:
A. City Right to Revoke Permit. The City may revoke or suspend a permit issued pursuant to
this Chapter 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 Chapter;
3. Permittee‟s ph ysical presence or presence of permittee‟s facilities on, over, above,
along, upon, under, across, or within the public right-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 City shall send written notice of its intent to
revoke or suspend a permit issued pursuant to this Chapter stating the reason or reasons
for the revocation or suspension and the alternatives available to permittee under this
Section 13.15.110.
C. Permittee Alternatives Upon Receipt of Notice of Revocation or Suspension. Upon
receipt of a written notice of revocation or suspension from the City, the permittee shall
have the following options:
1. Immediately provide the City with proof that no cause exists for the revocation or
suspension;
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2. Immediately correct, to the satisfaction of the City, the deficiencies stated in the
written notice, providing written proof of such correction to the City 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 public right-of-way and restore the right-of-way to the satisfaction of the
City providing written proof of such removal to the City within ten (10) days after receipt
of the written notice of revocation.
The City may, in its discretion, for good cause shown, extend the time periods provided
in this Subsection.
D. Stop Work Order. In addition to the issuance of a notice of revocation or suspension, the
City 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 City or its designee may, at the o ption of
the City: (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 City. The permittee shall be liable in all events to the City for all costs
of removal.
13.15.120: CHANGE OF OWNERSHIP OR OWNER‟S IDENTITY OR LEGAL STATUS:
A. Notification of Change. A utility shall notify the Engineer and the City Manager 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 all applicable laws, ordinances, rules and regulations, including this Chapter, 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 all ows it to
remain on the City‟s right-of-way.
C. Insurance and Bonding. All required insurance coverage or bonding must be changed to
reflect the name of the new owner upon transfer.
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III. CONSTRUCTION REQUIREMENTS
13.15.130: 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 IDOT
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;
5. Standard Specifications for Traffic Control Items;
6. Illinois Manual on Uniform Traffic Control Devices (92 Ill. 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 Chapter, the City Engineer
shall determine, in the exercise of sound engineering judgment, which principles apply
and such decision shall be final. If requested, the City Engineer shall state which standard
or principle will apply to the construction, maintenance, or operation of a facility in the
future.
13.15.140: TRAFFIC CONTROL:
A. Minimum Requirements. The City‟s minimum requirements for traffic protection are
contained in IDOT‟s Illinois Manual on Uniform Traffic Control Devices and this Code.
B. Warning Signs, Protective Devices, and Flaggers. The utility is responsible for providing
and installing warning signs, protective devices and flaggers, when necessary, meeting all
applicable federal, state, and local requirements for protection of the public and the
utility‟s workers when performing any work on the right-of-way.
C. Interference with Traffic. All work shall be phased so that there is minimum interference
with pedestrian and vehicular traffic.
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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 13.15.200 of this Chapter, 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 City.
13.15.150: LOCATION OF FACILITIES:
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 City Facilities. No utility facilities shall be placed in any location
if the City Engineer determines that the proposed location will require the relocation or
displacement of any of the City‟s utility facilities or will otherwise interfere with the
operation or maintenance of any of the City‟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 Highways.
1. Overhead Parallel Facilities. An overhead parallel facility may be located within the
right-of-way lines of a highway only if:
a. 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;
b. 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;
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c. 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;
d. No pole is located in the ditch line of a highway; and
e. 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. Underground Parallel Facilities. An underground parallel facility may be l ocated
within the right-of-way lines of a highway only if:
a. The facility is located as near the right-of-way line as practicable and not more
than eight (8) feet (2.4 m) from and parallel to the right-of-way line;
b. A new facility may be located under the paved portion of a h ighway 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
c. 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 not more than five (5) feet (1.5
m) from the right-of-way line and any above-grounded appurtenance shall be located
within one foot (0.3 m) of the right-of-way line or as near as practicable.
C. Facilities Crossing Highways.
1. No Future Disruption. The construction and design of crossing facilities installed
between the ditch lines or curb lines of City 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. Cattle Passes, Culverts, or Drainage Facilities. Crossing facilities shall not be located
in cattle passes, culverts, or drainage facilities.
3. Ninety-Degree Crossing 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:
a. It has a minimum vertical line clearance as required by ICC‟s rules entitled,
“Construction of Electric Power and Communication Lines” (83 Ill. Adm. Code 305);
b. 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
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c. Overhead crossings at major intersections are avoided.
5. Underground Power or Communication Facility. An underground power or
communication facility may cross a highway only if:
a. The design materials and construction methods will provide maximum
maintenance-free service life; and
b. Capacity for the utility‟s foreseeable future expansion needs is provided in the
initial installation.
6. Markers. The City 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. §192.707 (1989)).
D. Facilities to be Located Within Particular Right-of-way. The City may require that
facilities be located within particular right-of-way that are not highways, such as
easements, rather than within particular highways.
E. Freestanding Facilities.
1. The City may restrict the location and size of any freestanding facility located within a
right-of-way.
2. The City may require any freestanding facility located within a right-of-way to be
screened from view.
F. 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;
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 shall be permitted only when no
other means of effecting the proposed installation is feasible.
G. Facility Attachments to Bridges or Roadway Structures.
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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:
a. 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;
b. The type, length, value, and relative importance of the highway structure in the
transportation system;
c. The alternative routings available to the utility and their comparative
practicability;
d. The proposed method of attachment;
e. The ability of the structure to bear the increased load of the proposed facility;
f. The degree of interference with bridge maintenance and painting;
g. The effect on the visual quality of the structure; and
h. The public benefit expected from the utility service as compared to the risk
involved.
G. Appearance Standards.
1. The City may prohibit the installation of facilities in particular locations in order to
preserve visual and aesthetic quality.
2. A facility may be constructed only if its construction does not require extensive
removal of 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.
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13.15.160: CONSTRUCTION METHODS AND MATERIALS:
A. Standards and Requirements for Particular Types of Construction Methods.
1. Boring or Jacking.
a. Pits and Shoring. Boring or jacking under right-of-way shall be accomplished
from pits located at a minimum distance specified by the City Engineer 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.
b. Wet Boring or Jetting. Wet boring or jetting shall not be permitted under the
roadway.
c. 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).
d. Borings 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.
e. Tree Preservation. Any facility located within the drip line of any tree
designated by the City to be preserved shall be bored under or around the root system.
2. Trenching. Trenching for facility installation, repair, or maintenance on right-of-way
shall be done in accord with the applicable portions of Section 603 of IDOT‟s “Standard
Specifications for Road and Bridge Construction.”
a. Length. The length of open trench shall be kept to the practicable minimum
consistent with requirements for pipeline testing. Only one-half of any intersection may
have an open trench at any time unless special permission is obtained from the City
Engineer.
b. 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.
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c. Drip line of trees. The utility shall not trench within the drip line of any tree
designated by the City to be preserved.
3. Backfilling.
a. 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 “Standard Specifications for Road and Bridge Construction.”
When excavated material is hauled away or is unsuitable for backfill , suitable granular
backfill shall be used.
b. For a period of three 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 City Engineer, 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 City Engineer.
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 Subsection (A)(4) is permitted under Section 13.15.210, the
following requirements shall apply:
a. Any excavation under pavements shall be backfilled and compacted as soon as
practicable with granular material of CA-6 or CA-10 gradation, as designated by the City
Engineer.
b. 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 City.
c. All saw cuts shall be full depth.
d. For all right-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.
a. Casing pipe shall be designed to withstand the load of the highway and any
other superimposed loads. The casing shall be continuous either by one-piece fabrication
or by welding or jointed installation approved by the City.
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b. The venting, if any, of any encasement shall extend within one foot (0.3 m) of
the right-of-way line. No aboveground vent pipes shall be located in the area established
as clear zone for that particular section of the highway.
c. In the case of water main or service crossing, encasement shall be furnished
between bore pits unless continuous pipe or City 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 City.
Bell and spigot type pipe shall be encased regardless of installation method.
d. In the case of gas pipelines of 60 psig or less, encasement may be eliminated.
e. 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;
f. 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 Underground Facilities. Cover shall be provided and mai ntained 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
Communication, Cable or Video Service
Lines
30 Inches (0.8 m)
18 to 24 Inches (0.6 m, as determined by the
City)
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
B. Standard and Requirements for Particular Types of Facilities.
1. Electric Power or Communication Lines.
a. Code Compliance. Electric power or communications facilities within City
right-of-way shall be constructed, operated, and maintained in conformity with the
provisions of 83 Ill. Adm. Code Part 305, as amended, (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, as amended.
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b. 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.
c. Underground 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,” o r
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.
d. 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
City. Weather permitting, utilities shall bury all temporary drops, excluding sno wdrops,
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:
a. The use of “moles,” “whip augers,” or other approved methods that compress
the earth to move the opening for the pipe;
b. Jacking or boring with vented encasement provided between the ditch lines or
toes of slopes of the highway;
c. Open trench with vented encasement between ultimate ditch lines or toes of
slopes, but only if prior to roadway construction; or
d. Tunneling with vented encasement, but only if installation is not possible by
other means.
3. Gas Transmission, Distribution and Service. Gas pipelines within right-of-way shall be
constructed, maintained, and operated in a City 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 §192), as amended, IDOT‟s “Standard
Specifications for Road and Bridge Construction,” as amended, and all other applicable
laws, rules, and regulations.
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4. Petroleum Products Pipelines. Petroleum products pipelines within right -of-way shall
conform to the applicable sections of ANSI Standard Code for Pressure Piping, as
amended. (Liquid Petroleum Transportation Piping Systems ANSI-B 31.4, as amended).
5. Waterlines, Sanitary Sewer Lines, Storm Water Sewer Lines or Drainage Lines. Water
lines, sanitary sewer lines, storm sewer lines, and drainage lines within right-of-way shall
meet or exceed the recommendations of the current “Standard 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 City Engineer. With the
approval of the City Engineer, 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.
C. Materials.
1. General Standards. The materials used in constructing facilities within right-of-way
shall be those meeting the accepted standards of the appropriate industry, the applicable
portions of IDOT‟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 Storage on Right-of-Way. No material shall be stored on the right-of-way
without the prior written approval of the City Engineer. 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 City.
3. Hazardous Materials. The plans submitted by the utility to the City 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 right-of-way may, at the discretion of the City, 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.
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2. These restrictions may be waived by the City Engineer when eme rgency work is
required to restore vital utility services.
3. Unless otherwise permitted by the City, the hours of constructi on are those set forth in
Title 16 of this Code.
E. Location of Existing Facilities. Any utility proposing to construct facilities in the City
shall contact J.U.L.I.E. and the City's Department of Public Works and ascertain the
presence and location of existing above-ground and underground facilities within the
right-of-way to be occupied by its proposed facilities. The City will make its permit
records available to a utility for the purpose of identifying possible facilities. When
notified of an excavation or when requested by the City 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.)
13.15.170: VEGETATION CONTROL:
A. Electric Utilities – Compliance with State Laws and Regulations. An electric utility shall
conduct all tree-trimming and vegetation control activities in the right-of-way in
accordance with applicable Illinois laws and regulations, and additionally, with such local
franchise or other agreement with the City as permitted by law.
B. Other Utilities--Tree Trimming Permit Required. Tree trimming performed by any other
utility with facilities in the right-of-way and that is not performed pursuant to applicable
Illinois laws and regulations specifically governing same, shall not be considered a
normal maintenance operation, but shall require the application for, and the issuance of,
such permits as may be required pursuant to Chapter 13.20 of this Code, in addition to
any other permit required under this Chapter. The Engineer shall review all tree trimming
requests.
1. Application for Tree Trimming 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. Damage 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 City will require compensation for trees extensively
damaged and for trees removed without authorization. The formula developed by the
International Society of Arboriculture will be used as a basis for determining the
compensation for damaged trees or unauthorized removal of trees. The City may require
the removal and replacement of trees if trimming or radical pruning would leave them in
an unacceptable condition.
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C. Specimen Trees or Trees of Special Significance. The City 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 subsection (2), below, of this subparagraph, no utility shall
spray, inject or pour any chemicals on or near any trees, shrubs or vegetation in the City
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 right-of-way
unless the utility demonstrates to the satisfaction of the City Engineer that such spraying
is the only practicable method of vegetation control.
Section 13.15.180: REMOVAL, RELOCATION, OR MODIFICATIONS OF UTILITY
FACILITIES:
A. Notice. Within ninety (90) days following written notice from the City, 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 right -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 City improvement in or upon, or the operations of the City in or upon,
the right-of-way.
B. Removal of Unauthorized Facilities. Within thirty (30) days following written n otice
from the City, any utility that owns, controls, or maintains any unauthorized facility or
related appurtenances within the public right-of-way shall, at its own expense, remove all
or any part of such facilities or appurtenances from the public right-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, unle ss
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 Chapter; or
(4) If the facility was constructed or installed at a location not permitted by the
permittee‟s license or franchise.
C. Emergency Removal or Relocation of Facilities. The City retains the right and priv ilege
to cut or move any facilities located within the right-of-way of the City, as the City may
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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 utilit y, 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 public right -of-
way of the City, the utility shall notify the City within ninety (90) days. Following receipt
of such notice the City may direct the utility to remove all or any portion of the f acility if
the City Engineer determines that such removal will be in the best interest of the public
health, safety and welfare. In the event that the City does not direct the utility that
abandoned the facility to remove it, by giving notice of abandonment to the City, 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.
13.15.190: CLEAN-UP AND RESTORATION:
The utility shall remove all excess material and restore all turf and terrain and other property
within ten (10) days after any portion of the right-of-way is disturbed, damaged, or destroyed due
to construction or maintenance by the utility, all to the satisfaction of the City. This includes
restoration of entrances and side roads. Restoration of roadway surfaces shall be made using
materials and methods approved by the City Engineer. Such cleanup and repair may be required
to consist of backfilling, regrading, reseeding, resodding, or any other requirement to restore the
right-of-way to a condition substantially equivalent to that which existed prior to the
commencement of the project. The time period provided in this section may be extended by the
City Engineer for good cause shown.
13.15.200: MAINTENANCE AND EMERGENCY MAINTENANCE:
A. General. Facilities on, over, above, along, upon, under, across, or within right-of-way are
to be maintained by or for the utility in a manner satisfactory to the City and at the
utility‟s expense.
B. Emergency Maintenance Procedures. Emergencies may justify non-compliance with
normal procedures for securing a permit:
1. 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.
2. In an emergency, the utility shall, as soon as possible, notify the City Engineer or his
or her duly authorized agent of the emergency, informing him or her as to what steps
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have been 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 City police shall be notified immediately.
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.
C. Emergency Repairs. The utility must file in writing with the City of a description of the
repairs undertaken in the right-of-way within 48 hours after an emergency repair.
IV. VARIANCES
13.15.210: VARIANCES:
A. Request for Variance. A utility requesting a variance from one or more of the provisions
of this Chapter must do so in writing to the City Engineer as a part of the permit
application. The request shall identify each provision of this Chapter from which a
variance is requested and the reasons why a variance should be granted.
B. Authority to Grant Variances. The City Engineer shall decide whether a variance is
authorized for each provision of this Chapter identified in the variance request on an
individual basis.
C. Conditions for Granting of Variance. The City Engineer 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 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 Granting of a Variance. As a condition for authorizing a
variance, the City Engineer may require the utility requesting the variance to meet
reasonable standards and conditions that may or may not be expressly co ntained within
this Chapter but which carry out the purposes of this Chapter.
E. Right to Appeal. Any utility aggrieved by any order, requirement, decision or
determination, including denial of a variance, made by the City Engineer under the
provisions of this Chapter shall have the right to appeal to the city manager, or his or her
designee. The application for appeal shall be submitted in writing to the city clerk within
thirty (30) days after the date of such order, requirement, decision or determination. The
city manager shall commence his or her consideration of the appeal not more than seven
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(7) business days after the filing of the appeal. The city manager shall timely decide the
appeal.
13.15.220: PENALTIES:
Any person who violates, disobeys, omits, neglects or refuses to comply with any of the
provisions of this Chapter shall be subject to fine in accordance with the penalty provisions of
this Code. There may be times when the City 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 Chapter.
Unless the utility shows that another allocation of the cost of undertaking the requested action is
appropriate, the utility shall bear the City‟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 City. Sanctions may be imposed upon a utility that does not pay the costs
apportioned to it.
13.15.230: ENFORCEMENT:
Nothing in this Chapter shall be construed as limiting any additional or further remedies that the
City may have for enforcement of this Chapter.
13.15.240: 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 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 4. 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 5. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
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Presented: May 14, 2008
Passed: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: May 15, 2008
Published: May 16, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G21-08 PASSED CREATING CHAPTER 4.70 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “CABLE AND VIDEO
SERVICE PROVIDER FEE AND PEG ACCESS SUPPORT FEE”
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G21-08
AN ORDINANCE
CREATING CHAPTER 4.70 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED “CABLE AND VIDEO SERVICE PROVIDER FEE
AND PEG ACCESS SUPORT FEE”
WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and
regulations that pertain to its government and affairs and 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 the Act
authorizes municipalities to impose on a holder under 220 ILCS 5/21-801.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. Recitals. 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 Title 4 of the Elgin Municipal Code, 1976, as amended, entitled
“Revenue and Finance, be, and is hereby amended to create Chapter 4.80, entitled “Cable and
Video Service Provider Fee and PEG Access Support Fee,” to read as follows:
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SECTION:
4.70.010: Definitions
4.70.020: Cable and Video Service Provider Fee Imposed
4.70.030: PEG Access Support Fee Imposed
4.70.040: Applicable Principles
4.70.050: No Impact on Other Taxes Due from Holder
4.70.060: Audits of Cable/Vide Service Provider
4.70.070: Late Fees/Payments
4.70.010: DEFINITIONS:
As used in this Chapter, the following terms shall have the following meanings:
CABLE SERVICE: That term as defined in 47 U.S.C. § 522(6), as amended.
COMMISSION: The Illinois Commerce Commission.
GROSS REVENUES: 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 City.
A. Gross revenues shall include the following:
1. Recurring charges for cable or video service.
2. Event-based charges for cable service or video service, including, but not
limited to, pay-per-view and video-on-demand charges.
3. Rental of set top boxes and other cable service or video service equipment.
4. Service charges related to the provision of cable service or video service,
including but not limited to activation, installation, and repair charges.
5. Administrative charges related to the provision of cable service or video
service, including but not limited to service order and service termination charges.
6. Late payment fees or charges, insufficient funds check charges, and other
charges assessed to recover the costs of collecting delinquent payments.
7. 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 City. The allocation shall be
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based on the number of subscribers in the City divided by the total number of
subscribers in relation to the relevant regional or national compensation
arrangement.
8. 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).
9. 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.
10. The service provider fee permitted by 220 ILCS 5/21-801(b), as amended.
B. Gross revenues do not include any of the following:
1. Revenues not actually received, even if billed, such as bad debt, subject to 220
ILCS 5/21-801(c)(1)(vi), as amended.
2. 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.
3. 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.
4. 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
City and pay the fee permitted by 220 ILCS 5/21-801(b), as amended, with
respect to the service.
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5. 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.
6. Security deposits collected from subscribers.
7. 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), as amended, which would otherwise be paid by the
cable service or video service.
HOLDER: 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, as amended.
PEG: An acronym for “public, education and governmental.”
PEG ACCESS SUPPORT FEE: The amount paid under this Chapter and 220 ILCS 5/21-
801(d) by the holder to the City for the service areas within its territorial jurisdiction.
SERVICE: 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,
as amended.
SERVICE PROVIDER FEE: The amount paid under this Chapter and 220 ILCS 5/21 -
801, as amended, by the holder to a City for the service areas within its territorial
jurisdiction.
VIDEO SERVICE: 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), as amended, 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.
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4.70.020: CABLE AND VIDEO SERVICE PROVIDER FEE IMPOSED:
A. Fee Imposed. A fee is hereby imposed on any holder providing cable service or
video service in the City.
B. Amount of Fee. The amount of the fee imposed hereby shall be five percent (5%)
of the holder‟s gross revenues.
C. Notice to the City. The holder shall notify the City at least ten (10) days prior to
the date on which the holder begins to offer cable service or video service in the
City.
D. Holder‟s Liability. The holder shall be liable for and pay the service provider fee
to the City. 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 Chapter by the holder. The ordinance adopting this Chapter 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), as amended to the City.
E. 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.
F. Exemption. The fee hereby imposed does not apply to existing cable service or
video service providers that have an existing franchise agreement with the City in
which a fee is paid.
G. Credit for Other Payments. An incumbent cable operator that elects to terminate
an existing agreement pursuant to 220 ILCS 5/21-301(c), as amended, with credit
for prepaid franchise fees under that agreement may deduct the amount of such
credit from the fees that operator owes under subparagraph B of this section.
4.70.030: PEG ACCESS SUPPORT FEE IMPOSED:
A. PEG Fee Imposed. A PEG access support fee is hereby imposed on any holder
providing cable service or video service in the City in addition to the fee imposed
pursuant to section 4.70.020 of this Chapter.
B. Amount of Fee. The amount of the PEG access support fee imposed hereby shall
be one percent (1%) of the holder‟s gross revenues or, if greater, the percentage of
gross revenues that incumbent cable operators pay to the City or its designee for
PEG access support in the City.
C. Payment. The holder shall pay the PEG access support fee to the City or to the
entity designated by the City to manage PEG access. The holder‟s liability for the
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PEG access support fee shall commence on the date set forth in section 4.70.020D
of this chapter.
D. 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.
E. 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 subparagraph B of this section.
4.70.040: APPLICABLE PRINCIPLES:
All determinations and calculations under this Chapter shall be made pursuant to
generally accepted accounting principles.
4.70.050: NO IMPACT ON OTHER TAXES DUE FROM HOLDER:
Nothing contained in this Chapter shall be construed to exempt a holder from any tax that
is or may later be imposed by the City, 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 City‟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 the local unit of
government‟s 911 or E911 fees, taxes or charges.
4.70.060: AUDITS OF CABLE/VIDEO SERVICE PROVIDER:
A. Audit Requirement. The City 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 City
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 City. If all local franchises between the
City and cable operator terminate, the audit requirements shall be those adopted
by the City pursuant to the Local Government Taxpayers‟ Bill of Rights Act, 50
ILCS 45/1 et seq., as amended. No acceptance of amounts remitted should be
construed as an accord that the amounts are correct.
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B. Additional Payments. Any additional amount due after an audit shall be paid
within thirty (30) days after the municipality‟s submission of an invoice for the
sum.
4.70.070: LATE FEES / PAYMENTS:
All fees due and payments which are past due shall be governed by ordinances adopted
by this municipality pursuant to the Local Government Taxpayers‟ Bill of Rights Act, 50
ILCS 45/1 et seq., as amended.
Section 3. Severability. If any provision of this Ordinance, or the application of any
provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall
not affect other provisions of this Ordinance, or their application, that can be given effect without
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 4. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 5. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Passed: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: May 15, 2008
Published: May 16, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G22-08 PASSED CREATING CHAPTER 6.90 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “CABLE AND VIDEO
CUSTOMER PROTECTION LAW"
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
MAY 14, 2008 VOLUME LXXIII
336
Ordinance No. G22-08
AN ORDINANCE
CREATING CHAPTER 6.90
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED, “CABLE AND VIDEO CUSTOMER PROTECTION LAW”
WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and
regulations that pertain to its government and affairs and that protect the public health, safety,
and welfare of its citizens; and
WHEREAS, this Ordinance is adopted pursuant to the Cable and Video Customer
Protection Law (220 ILCS 5/70-501) authorizing a City to enforce all of the customer service
and privacy protection standards of the Section; and
WHEREAS, the City desires to enforce the customer service and privacy protection
standards with respect to complaints received from residents as provided by the Cable and Video
Customer Protection Law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. Recitals. 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 Title 6 of the Elgin Municipal Code, 1976, as amended, “Business
Licenses and Regulations,” be, and is hereby amended to create Chapter 6.90, entitled “Cable
and Video Customer Protection Law,” to read as follows:
SECTION:
6.90.010: Customer Service and Privacy Protection Law
6.90.020: Enforcement
6.90.030: Penalties
6.90.040: Customer Credits
6.90.010: CUSTOMER SERVICE AND PRIVACY PROTECTION LAW:
A. Adoption. The regulations of 220 ILCS 5/70-501 are hereby adopted by reference
and made applicable to the cable or video providers offering services within the
City‟s boundaries.
B. Amendments. Any amendment to the Cable and Video Customer Protection Law
that becomes effective after the effective date of this Chapter shall be
incorporated into this Chapter by reference and shall be applicable to cable or
video providers offering services within the municipality‟s boundaries. However,
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337
any amendment that makes its provisions optional for adoption by municipalities
shall not be incorporated into this Chapter by reference without formal action by
the corporate authorities of the City.
6.90.020: ENFORCEMENT:
The City does hereby pursuant to law declare its intent to enforce all of the customer
service and privacy protection standards of the Cable and Video Protection Law with
respect to complaints received from residents within the City.
6.90.030: PENALTIES:
The City, pursuant to 220 ILCS 5/70-501(r)(1), does hereby provide for a schedule of
penalties for any material breach of the Cable and Video Protection Law by cable or
video providers in addition to the penalties provided in the law. The monetary penalties
shall apply on a competitively neutral basis and shall not exceed $750.00 for each day of
the material breach, and shall not exceed $25,000.00 for each occurrence of a material
breach per customer.
A. Material breach means any substantial failure of a cable or video provider to
comply with service quality and other standards specified in any provision of the
law.
B. The City shall give the cable or video provider written notice of any alleged
material breaches of the law and allow such provider at least 30 days from the
receipt of the notice to remedy the specified material breach.
C. A material breach, for the purposes of assessing penalties, shall be deemed to
occur for each day that a material breach has not been remedied by the cable or
video service provider after the notice in subparagraph B of this section.
6.90.040: CUSTOMER CREDITS:
The City hereby adopts the schedule of customer credits for violations. Those credits
shall be as provided for in the provisions of 220 ILCS 5/70-501(s) and applied on the
statement issued to the customer for the next billing cycle following the violation or
following the discovery of the violation. The cable or video provider is responsible for
providing the credits and the customer is under no obligation to request the credit.
Section 3. Severability. If any provision of this Ordinance, or the application of any
provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall
not affect other provisions of this Ordinance, or their application, that can be given effect without
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.
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338
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 5. This Ordinance shall be in full force and effect from and after its passage and
approval and publication as required by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Passed: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: May 15, 2008
Published: May 16, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G24-08 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR
DEALERS”
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G24-08
AN ORDINANCE
AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976
AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled
“Licenses Number to be Issued,” be and is hereby further amended by amending subsection A
thereof to read as follows:
A. The number of Class A licenses shall not exceed fifteen (15) in number.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
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Section 3. That this ordinance shall be in full force and effect after its passage and
publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: May 14, 2008
Passed: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: May 15, 2008
Published: May 16, 2008
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Hotel Motel Tax for March 2008
State Use Tax for January 2008
Heritage Design Review Subcommittee Minutes for March 25, 2008, and April 8, 2008
Parks and Recreation Advisory Board Minutes for January 29, 2008, and March 18, 2008
Planning and Development commission Minutes for March 3, 2008, and April 7, 2008
Veterans Memorial Park Committee Minutes for March 19, 2008
Committee of the Whole Minutes for April 9, 2008
City Council Minutes for April 9, 2008
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
MAY 14, 2008 VOLUME LXXIII
340
ADJOURNMENT
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen,
Walters, and Mayor Schock. Nays: None.
The meeting adjourned at 7:55 p.m.
s/ Diane Robertson May 28, 2008
Diane Robertson, City Clerk Date Approved