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,
unless the context clearly requires otherwise.
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.
CONSTRUCTION or CONSTRUCT
The installation, repair, maintenance, placement, alteration,
enlargement, demolition, modification or abandonment in place of facilities.
DISRUPT THE RIGHT-OF-WAY
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.
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, and appurtenances
thereto) located on, over, above, along, upon, under, across, or within
rights-of-way under this chapter. For purposes of this chapter, the
term "facility" shall not include any facility owned or operated by
the City of El Paso.
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.
HIGHWAY CODE
The Illinois Highway Code, 605 ILCS 5/1-101 et seq., as amended
from time to time.
RIGHT-OF-WAY or RIGHTS-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 of El Paso has the
right and authority to authorize, regulate or permit the location
of facilities other than those of the City of El Paso.
UTILITY
The individual or entity owning or operating any facility
as defined in this chapter.
By occupying or constructing facilities in the right-of-way,
a utility shall be deemed to agree to defend, indemnify and hold the
City of El Paso 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 rights-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 of El Paso, its officials, officers, employees, agents
or representatives.
The utility shall remove all excess material and restore all
pavement, turf, terrain, and other property within 10 days after any
portion of the rights-of-way is disturbed, damaged or destroyed due
to construction or maintenance by the utility, all to the satisfaction
of the City of El Paso. This includes restoration of entrances and
side roads. Restoration of roadway surfaces shall be made using materials
and methods approved by the City of El Paso Director of Public Works
or his/her designee. 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 of
El Paso Director of Public Works or his/her designee for good cause
shown.
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 (see Chapter
1, Article
IV). There may be times when the City of El Paso will incur delay or other costs, including third-party 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 of El Paso'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 of El Paso. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it.
Nothing in this chapter shall be construed as limiting any additional
or further remedies that the City of El Paso may have for enforcement
of this chapter.