Chapter 8 - Public Ways
Division 6 - Poles, Wires, Conduit and Equipment in Rights-of-Way
SEC. 8.6-1 PERMIT REQUIRED. No person shall install, erect or maintain or cause the installation, erection or maintenance of any gas, telegraph, telephone, electric, fiber optic, or cable TV post, poles, wires, conduit, or equipment or any telegraph, telephone, electric, or cable TV wires, fiber optic lines, or electric light conductors in, upon, across, or along any street, sidewalk, alley, or public way within the Town, without having first obtained a permit from the Director of Public Works as provided in Division 2 of this Chapter, and an agreement from the Town of Normal for use and occupancy of the public way.
An agreement shall not be required from an adjacent property owner for incidental use of a public way when providing a service line from the public way to a lot adjoining the public way. (Amended 12/2/96 by Ord. No. 4426)
SEC. 8.6-2 NOT TO BE ERECTED OR MAINTAINED SO AS TO IMPEDE TRAVEL OR INJURE PROPERTY; LIABILITY. No person obtaining a permit as required by SEC. 8.6-1 shall set, erect, or maintain any post or poles or place or hang any wires thereon, as to impede or interfere with the public travel upon any street, sidewalk, alley, or public way, or as to injure or damage any public or private property within the Town. (Amended 7/16/84)
SEC. 8.6-3 RESERVATION OF RIGHTS BY THE TOWN; COMPENSATION IN CASE OF USE BY OTHER COMPANIES. In granting permits to erect poles for the purpose of carrying wires, the Town reserves the right to use all such poles free of charge if the interest of the public so demands. The Town also reserves the right to authorize other persons to use such poles, if the interest of the public so demands, upon payment to the owners of such poles reasonable compensation as determined by agreement between the parties. If the parties cannot agree upon a reasonable compensation, the Board of Trustees shall determine the compensation.
All use or authorization for use granted under this Section shall be subject to all of the provisions of this Division. (Amended 7/16/84)
SEC. 8.6-4 SETTING OR PLACING TO BE UNDER SUPERVISION OF DIRECTOR OF PUBLIC WORKS. The setting or placing of all gas, telephone, telegraph, cable TV, electric, or fiber optic posts, poles, wire, conduit or equipment within the Town shall be done so as not to inconvenience or interfere with the public use of any street, sidewalk, alley, or public way. Plans for construction shall be approved by the Director of Public Works before work is commenced. (Amended 7/16/84)(Amended 12/2/96 by Ord. No. 4426)
SEC. 8.6-5 PERSON. As used in this Division, person means any individual, partnership, co-partnership, firm, company, unincorporated association, public or private corporation, joint-stock company, trust, estate, or other legal entity. (Added 12/2/96 by Ord. No. 4426)
SEC. 8.6-6 VIOLATION OF THIS DIVISION. In the event any person shall erect or maintain or cause the erection or maintenance of any post, pole, equipment, wire or conduit in violation of this Division, then the placement of such in, upon, across or along any street, sidewalk, alley or public way within the Town of Normal shall be considered implied consent on behalf of such person to pay to the Town of Normal the greater of five percent (5%) of the gross receipts derived from such equipment for services originating in the Town of Normal or one dollar and seventy-eight cents ($1.78) per lineal foot of right-of-way occupied.
The compensation rate per lineal foot provided herein shall be adjusted annually from January 1, 1997 based on the change in the Consumer Price Index - all urban wage earners published by the United States Department of Labor or such successor index published by the United States government. (Added 12/2/96 by Ord. No. 4426)
(Division 6 RE-CODIFIED BY ORDINANCE NO. 3326, 7/16/84)