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TO: Mayor Richard C. Irvin
FROM: Richard Veenstra, Corporation Counsel
DATE: October 19, 2017
SUBJECT:
An Ordinance Amending Chapter 42, Article X of the Aurora Code Of Ordinances entitled "Construction of Facilities in the Public Rights of Way"
PURPOSE:
To update the Code provisions to include regulations specific to the placement of telecommunication, data and wireless communication facilities in the public rights of way.
BACKGROUND:
Since December 2016, the City Council amended Chapter 42, Article X of the Aurora Code of Ordinances entitled "Construction of Facilities in the Public Rights of Way" on three occasions. Along with corresponding changes to Chapter 19 "Communication and Data Transfer" relative to communications services and facilities, the Council 's amendments to Chapter 42 revised language it originally enacted in the 1990s and updated regulations regarding towers, antennas, and related telecommunications facilities in order to better address rapidly emerging and changing technologies including advances in wireless and "small cell" telecommunications.
DISCUSSION:
After its most recent revision to Chapter 42, the City approved two Master License Agreements, and staff is in the process of negotiating two more, that allow for the installation of poles as communication facilities. These agreements, and proposed agreements, contain provisions that encourage "colocation" of telecommunication equipment on poles located in the City right-of-way and provide for the City's modification of site-specific permits in certain circumstances. The proposed revision, in addition to making minor technical changes, incorporates both provisions now found in master license agreements.
IMPACT STATEMENT:
Staff does not foresee these proposed changes having any impact on City Departments or the general public.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the attached recommended amendments to Chapter 42, Article X of the Aurora Code of Ordinances entitled "Construction of Facilities in the Public Rights of Way" of the City of Aurora Code of Ordinances.
cc: Alderman Saville, Chairman
Alderman Jenkins
Alderman Franco
Alderman Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Amending Chapter 42, Article X of the Aurora Code Of Ordinances entitled "Construction of Facilities in the Public Rights of Way"
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, it is desirable to amend Chapter 42, Article X of the Aurora Code of Ordinances to provide for regulations specific to telecommunications, data and wireless communication facilities in the public rights of way.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Chapter 42, Article X entitled “Construction of Facilities in the Public Rights of Way” be amended pursuant to Exhibit A