HomeMy WebLinkAboutG20-08 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
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
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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 establish 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,
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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
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I: PURPOSES; DEFINITIONS
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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.
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
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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
Section shall have the meaning ascribed to it in 92 Ill. Adm. Code §530.30, as amended, unless
the context clearly requires otherwise.
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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 include 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
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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
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materials, petroleum or petroleum products or gases, poisons, etiology (biological) agents,
eft' 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 Facility 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.
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PERMITTEE: That entity to which a permit has been issued pursuant to Sections 13.15.040 and
13.15.050 of this Chapter.
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 petroleum
products including, but not limited to, gasoline, distillates, propane, butane, or coal-slurry.
PROMPT: That which is done within a period of time specified by the 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 facilities 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.
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SOUND ENGINEERING JUDGMENT: A decision(s) consistent with generally accepted
rik engineering principles, practices and experience.
TELECOMMUNICATIONS: This term includes, but is not limited to, messages or information
transmitted through use of local, toll and wide area telephone service, channel services, telegraph
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 facilities. "Private
line" means a dedicated non-traffic sensitive service for a single customer that entitles the
customer to exclusive or priority use of a communications channel, or a group of such channels,
from one or more specified locations to one or more other specified locations.
"Telecommunications" shall not include value added services in which computer processing
applications are used to act on the form, content, code, and protocol of the information for
purposes other than transmission. "Telecommunications" shall not include purchase of
telecommunications by a telecommunications service provider for use as a component part of the
service provided by such provider to the ultimate retail consumer who originates or terminates
the end-to-end communications. "Telecommunications" shall not include the provision of cable
services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C.
Sections 521 and following) as now or hereafter amended or cable or other programming
services subject to an open video system fee payable to the 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.
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WET BORING: Boring using water under pressure at the cutting auger to soften the earth and to
provide a sluice for the excavated material.
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;
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4. A general description of the proposed work and the purposes and intent of the facility
and the uses to which the facility will be put. The scope and detail of such description
shall be appropriate to the nature and character of the work to be performed, with special
emphasis on those matters likely to be affected or impacted by the work proposed;
5. Evidence that the utility has placed on file with the Village[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
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applicant has elected to obtain, has been issued by the ICC or other jurisdictional
authority;
2. In the case of natural gas systems, state the proposed pipe size, design, construction
class, and operating pressures;
3. In the case of water lines, indicate that all requirements of the Illinois Environmental
Protection Agency, Division of Public Water Supplies, have been satisfied;
4. In the case of sewer line installations, indicate that the land and water pollution
requirements of the Illinois Environmental Protection Agency, Division of Water
Pollution Control, 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,
elhL 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.
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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.
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.
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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.
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 insuring
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;
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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.
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
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(B), (C) and (D) of this Section. A utility that elects to self-insure shall provide to the
elk 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 business
with the licensee in the State of Illinois. All insurance carriers and surplus line carriers
shall be rated "A-" or better and of a class size "X" or higher by A.M. Best Company.
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
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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;
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 permittee to
post a single amount of security which shall be applicable to each phase of the
construction under the permit. The amount of the Security Fund for phased construction
shall be equal to the greatest amount that would have been required under the provisions
of this Subsection(C) for any single phase.
D. Withdrawals. The 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;
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•
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.
G. Closing and Return of Security Fund. Upon completion of the work authorized under the
permit, the permittee shall be entitled to the return of the Security Fund, or such portion
thereof as remains on deposit, within a reasonable time after account is taken for all
offsets necessary to compensate the 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;
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2. Non-compliance with this Chapter;
3. Permittee's physical 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;
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)
rik 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 option 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.
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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 allows 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.
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.
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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.
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
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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;
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 located
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 highway only if
other locations are impracticable or inconsistent with sound engineering judgment (e.g., a
new cable may be installed in existing conduit without disrupting the pavement); and
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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
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)).
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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 instailation 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.
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;
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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.
rb. 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.
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.
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b. Wet Boring or Jetting. Wet boring or jetting shall not be permitted under the
rik 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.
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.
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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.
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.
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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 maintained at
least in the amount specified in the following table for minimum cover for the type of
facility:
TYPE OF FACILITY MINIMUM COVER
Electric Lines 30 Inches (0.8 m)
Communication, Cable or Video Service 18 to 24 Inches (0.6 m, as determined by the
Lines City)
Gas or Petroleum Products 30 Inches (0.8 m)
Water Line Sufficient Cover to Provide Freeze
Protection
Sanitary Sewer, Storm Sewer, or Drainage Sufficient Cover to Provide Freeze
Line 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.
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
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be needed. Variances may be allowed if there is no feasible alternative and if guy wires
fi 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," or
other approved method which compress the earth to make the opening for cable
installation or (b) the installation is by the open trench method which is only permitted
prior to roadway construction. (3) Cable shall be grounded in accordance with the
National Electrical Safety Code.
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 snowdrops,
within ten(10)business days after placement.
2. Underground Facilities Other than Electric Power or Communication Lines.
Underground facilities other than electric power or communication lines may be installed
by:
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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rok 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
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restricted when conditions are such that construction would result in extensive damage to
the right-of-way or other property.
2. These restrictions may be waived by the City Engineer when emergency work is
required to restore vital utility services.
3. Unless otherwise permitted by the City, the hours of construction 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
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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.
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 notice
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, unless
otherwise permitted by applicable law;
(2) If the facility was constructed or installed without the prior grant of a license or
franchise, if required;
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(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 privilege
to cut or move any facilities located within the right-of-way of the City, as the City may
determine to be necessary, appropriate or useful in response to any public health or safety
emergency. If circumstances permit, the municipality shall attempt to notify the utility, if
known, prior to cutting or removing a facility and shall notify the utility, if known, after
cutting or removing a facility.
D. Abandonment of Facilities. Upon abandonment of a facility within the 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 facility 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:
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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
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
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•
rift 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 contained 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
(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
r' 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"
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•
,,, 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.
Ed Schoc, Mayor
Presented: May 14, 2008
Passed: May 14, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: May 15, 2008
Published:
Attest:
u„..„
Diane Robertson, Cit Clerk
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