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“City conduit” shall mean city owned conduits suitable for electrical or communications purposes located in the public way or in city light poles or alley poles.
“City light poles” shall mean city owned light poles including but not limited to light poles which support traffic signalization equipment referred to as “traffic signal poles”, ordinary light poles and alley poles.
“Commissioner” shall mean the commissioner of transportation.
“Executive director” shall mean the executive director of emergency management and communications.
“Public property” shall mean property owned or controlled by the city other than the public way, including, but not limited to city light poles and conduit.
“Wire” shall mean and shall be deemed to include, but not be limited to antennas and peripheral transmitters, receivers, repeaters, converters, amplifiers, connectors, fiber optic cables, power supplies and other related electrical or communications equipment and wiring, but shall not include any wire subject to Chapter 4-280 of the Municipal Code of Chicago.
(Added Coun. J. 4-13-94, p. 48633; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 12-14-05, p. 66662, § 1)
Notes
| 4-280 | The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein. The material is included in other provisions of the Chicago Municipal Code. The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions. Please click here for the appropriate American Legal order form in printable Adobe® PDF format. For additional information, you may visit American Legal's website by clicking here. |
No person or entity shall install any wire, pipe, cable or conduit on, under or over the surface of any public way or public property without first having obtained a permit issued by the department of transportation after consultation with the office of emergency management and communications. Applications and permits shall be in such form and shall require such plans and specifications as prescribed by the commissioner. This chapter shall not apply to the installation or maintenance of telecommunications equipment on, over or under the public way by telecommunications providers as provided in Chapter 10-30, but shall apply to the use of public property by private users.
(Added Coun. J. 4-13-94, p. 48633; Amend Coun. J. 10-1-97, p. 53280; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 12-14-05, p. 66662, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 1-13-10, p. 83228, § 2)
A permit shall be issued only if the commissioner determines that granting the permit and allowing the installation or maintenance of wire, pipe, cable or conduit would: 1) not endanger public health or safety; 2) be consistent with the sound maintenance and administration of the public way or public property; 3) not constitute undue physical or visual obstruction of the public way or public property; and 4) not overburden the limited capacity of the space on, under or over the surface of the public way or public property. In addition, a permit shall be issued only if all applicable fees have been paid, all applicable agreements have been executed pursuant to Section 10-29-040, and the applicant provides such surety, insurance and indemnification as the city may require.
(Added Coun. J. 4-13-94, p. 48633)
(a) For a permit for the installation or maintenance of wire, cable, pipe or conduit on, under or over the surface of the public way, the applicable fee shall provide for recovery of the City’s actual costs or reasonably foreseeable estimate of the City’s costs for maintaining and regulating the public way in a manner consistent with the public welfare and suitable for the use of the applicant. Such costs shall include, but not be limited to, the City’s cost of inspection, regulation, maintenance, administration and repair. The Commissioner shall have the authority to determine the applicable permit fee.
(b) Notwithstanding subsection (a) of this section, a permit may be issued for the installation or maintenance of wire, cable, pipe or conduit on, under, or over the surface of the public way or public property without payment of the appropriate fee provided for in subsection (a) if: (1) the applicant voluntarily enters into an agreement with the City providing for such use; or (2) the Commissioner requires the applicant to enter into an agreement with the City providing for such use because the Commissioner determines that the proposed use is likely to preclude other persons from using the space, would physically or visually interfere with or obstruct the public way or public property, or because the space is on, over or under public property, over which the City may exercise proprietary powers. The terms of such agreements shall include appropriate compensation to the City and such surety, insurance and indemnification provisions as the City may require. All agreements shall be subject to the approval of the City Council and subject to the approval of the Corporation Counsel as to form and legality; provided that, except as set forth below, no approval by the City Council shall be required for the permitting of wires on or inside of available City light poles (including, subject to the conditions set forth in Section 10-29-060, traffic signal poles) pursuant to regulations issued under Section 10-29-060 for periods not exceeding 20 years (including renewals, which shall contain such conditions as the Commissioner shall apply on a competitively neutral basis) and providing for use fees or permit fees in 2005 and 2006 of not less than (i) $1,500.00 per year for each permitted use of each City light pole which is not a traffic signal role and (ii) $3,000.00 per year for use of each traffic signal pole, in each case of (i) and (ii) adjusted upward in each year commencing on January 1, 2007 for the greater of (x) the CPI Adjustment (as defined below) over a one-year period from a base year of 2006 or (y) a five percent per year increase from the preceding year; provided further that the Commissioner may by regulation adjust use fees or permit fees to account for market conditions, but in no event (except as set forth below) shall use fees or permit fees ever be less than the specified amount per year for each category of pole, as applicable, used on an annualized basis. Beginning on the tenth anniversary of the effective date of this ordinance, such fee may be adjusted to add a revenue component or make other reasonable adjustments which are not in excess of prevailing municipal rates; provided that notice of such proposed adjustments is sent to all affected permittees at least one year prior to the implementation date of such adjustments. Such use fees or permit fees shall be applied on a pro rata basis for partial years, may be adjusted to account for multiple attachments to a single City light pole, or size of equipment, or the amount of use of the City light pole and may be established on a calendar year or other 12-month basis as the Commissioner shall determine in regulations. Such regulations may provide for in-kind compensation for a municipal use. The Commissioner may by regulation make adjustments to use fees, establish discounts for advance payments and determine the appropriate application of the proceeds of such payments, and set limits on length or extent of use or set forth other conditions to the extent deemed necessary, with the advice of the Corporation Counsel, to comply with financing or other regulatory restrictions or to reasonably account for the value of in-kind compensation.
For purposes of this Section 10-29-040, “CPI Adjustment” means the percentage increase in the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumers for the Chicago metropolitan area. Notwithstanding the foregoing, implementation of and pricing for any wi-fi or wi-max system using City light poles or any other City property shall require City Council approval.
(Added Coun. J. 4-13-94, p. 48633; Amend Coun. J. 12-14-05, p. 66662, § 1; Amend Coun. J. 11-19-08, p. 47220, Art. IX, § 1; Amend Coun. J. 11-7-18, p. 88803, § 28)
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