cover
TO: Mayor Richard C. Irvin
FROM: Richard Veenstra, Corporation Counsel
DATE: October 19, 2017
SUBJECT:
An Ordinance Amending Chapter 19, Article III, entitled "Communication and Data Transfer" of the City of Aurora Code of Ordinances
PURPOSE:
To further revise the City Code with respect to communication facilities.
BACKGROUND:
On three occasions since 2016, the City Council has adopted revisions to Chapter 19, Article III of the City Code pertaining to Communication and Data Transfer. These revisions amended language the Council originally enacted in the 1990s. Due to the rapidly changing nature of telecommunication technology, Staff is now recommending further revisions to Article III to better address wireless and "small cell" technology.
DISCUSSION:
Following the City Council's most recent revision to Chapter 19, the City Council approved two Master License Agreements that regard utility and light poles as telecommunication facilities in certain circumstances. At the time of this writing, Staff is in the process of negotiating two additional agreements. All four license agreements contemplate the siting of poles within the I-88 Technology Corridor and due to the presence of existing utilities in the area, the standard fifty (50') foot separation between poles is impractical to maintain. Staff is satisfied that a twenty (20') foot separation in the I-88 Corridor represents an appropriate balance between the City's desire to reduce the proliferation of poles as communication facilities and avoid unintended interference and the needs of those attracted to the Corridor by the City's fiber infrastructure and proximity to other businesses. These revisions also add a requirement that licensees provide the City with an access easement to enable City personnel to inspect communication facilities when those facilities are located on private property.
IMPACT STATEMENT:
Staff does not anticipate that these proposed changes will have any impact upon City Departments or the public in general.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the attached recommended amendments to Chapter 19, Article III.
cc: Alderman Saville, Chairman
Alderman Jenkins
Alderman Franco
Alderman Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 19, Article III, entitled "Communication and Data Transfer" of the City of Aurora Code of Ordinances
body
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, Chapter 19, Article III of the Aurora Code of Ordinances was written and passed in the late 1990’s, and subsequently updated on December 13, 2016, with Ordinance O16-083, on May 23, 2017 with Ordinance O17-024 and again on August 8, 2017 with Ordinance O17-052; and
WHEREAS, it is necessary and desirable to update the City’s rules and regulations regarding telecommunications facilities in order to effectively manage same within our city; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Chapter 19, Article III entitled "Communications Facilities and Services be amended pursuant to Exhibit A.