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File #: 18-4997    Version: 1 Name: AN ORDINANCE RELATIVE TO WIRELESS TELECOMMUNICATION FACILITIES IN COUNTY RIGHTS-OF-WAY
Type: Ordinance (Highway) Status: Filed
File created: 7/18/2018 In control: Legislation and Intergovernmental Relations Committee
On agenda: 9/12/2018 Final action: 11/21/2018
Title: PROPOSED ORDINANCE (TRANSPORTATION AND HIGHWAYS) AN ORDINANCE RELATIVE TO WIRELESS TELECOMMUNICATION FACILITIES IN COUNTY RIGHTS-OF-WAY WHEREAS, the County of Cook ("County") is empowered to take and have the care and custody of all real estate owned by the County, including the roadways and trail systems, pursuant to 55 ILCS 5/5-1015; and WHEREAS, the County is empowered to consent to the use of its rights-of-way by public utility companies and others, pursuant to 605 ILCS 5/9-113; and WHEREAS, telecommunications providers have placed, or from time to time may request to place, certain telecommunication facilities in the County Highway rights-of-way; and WHEREAS, on June 19, 2007, the Cook County Board of Commissioners enacted Ord. No. 07-O-33, the Cook County Public Way Regulatory Ordinance, in order to provide policies and procedures for the regulation of the use of County public ways for the construction, reconstruction, ownership, replacement, relocation, modification, mainte...
Sponsors: TONI PRECKWINKLE (President)
Attachments: 1. 18-4997 Full Text
title
PROPOSED ORDINANCE (TRANSPORTATION AND HIGHWAYS)

AN ORDINANCE RELATIVE TO WIRELESS TELECOMMUNICATION FACILITIES IN COUNTY RIGHTS-OF-WAY

WHEREAS, the County of Cook ("County") is empowered to take and have the care and custody of all real estate owned by the County, including the roadways and trail systems, pursuant to 55 ILCS 5/5-1015; and

WHEREAS, the County is empowered to consent to the use of its rights-of-way by public utility companies and others, pursuant to 605 ILCS 5/9-113; and

WHEREAS, telecommunications providers have placed, or from time to time may request to place, certain telecommunication facilities in the County Highway rights-of-way; and

WHEREAS, on June 19, 2007, the Cook County Board of Commissioners enacted Ord. No. 07-O-33, the Cook County Public Way Regulatory Ordinance, in order to provide policies and procedures for the regulation of the use of County public ways for the construction, reconstruction, ownership, replacement, relocation, modification, maintenance, upgrading, operation and removal of facilities, including but not limited to public utility, pipeline, telecommunication, cable television, electric, gas, water, wastewater, petroleum product facilities, driveways, curb cuts, and other facilities; and provide for recovery of costs incurred by the County for licensing, permitting, inspecting, monitoring and regulating such uses of the public ways in order to provide for the public safety and interest; and

WHEREAS, while State and federal law limit the authority of local governments to enact laws that prohibit or have the effect of prohibiting telecommunications services, the County has the power, under existing State and federal law, to approve appropriate regulations and restrictions relative to small cell, distributed antenna systems and other wireless telecommunication facility installations in the public rights-of-way as long as these regulations and restrictions are consistent with recently enacted Public Act 100-05...

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