Chapter 26 - Existing Franchise Ordinances
Division 3 - GTE North
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF NORMAL, McLEAN COUNTY, ILLINOIS:
SEC. 26.3-1. GTE North Incorporated, its lessees, successors and assigns (hereinafter referred to as the “Company”) are hereby granted the right, privilege, authority and franchise to construct, erect, maintain, repair, replace and operate in, upon, along, across, under and over the public streets, alleys, and public utility easements, rights of way, and other public ways (hereinafter referred to as “public ways”) within the corporate limits of the Town of Normal, as the same now exist or may hereafter be extended (hereinafter referred to as the “Municipality”) lines of poles, anchors, wires, cables, conduits, vaults, laterals and other fixtures and equipment, and to use the same for the transmission of voice, sounds, signals, pictures, writing, or signs of all kinds by means of electricity and/or light, and especially for the conduct of a general telephone system and business, for the period of ten (10) years from January 1, 1990, until January 1, 2000, and thereafter until terminated by sixty (60) days’ written notice, either by the Municipality to the Company, or by the Company to the Municipality. The grant of authority herein shall not include the right to use public ways to conduct customary cable television services as the same is defined in the Illinois Municipal Code (65 ILCS 5/11-42-11 State Bar Edition, 1992, as amended). (Amended 6/7/93 by Ord. No. 4143)
SEC. 26.3-2. The location and height above or the depth below the public ways of the existing lines of poles, anchors, wires, cables, conduits, vaults, laterals and other fixtures and equipment of said Company within the Municipality are hereby approved, and the same shall be maintained and operated under and subject to the provisions of this Division. Any change in or extension of any said poles, anchors, wires, cables, conduits, vaults, laterals or other fixtures and equipment (herein referred to as “structures”), or the construction of any additional structures, in, upon, along, across, under or over the public ways of the Municipality shall be made under the direction of the Director of Public Works of the Municipality, or such other officers as may be designated from time to time by the Municipal Manager of the Municipality for that purpose, who shall, if the proposed change, extension or construction conforms to the provisions of the then current Town codes, ordinances, and regulations of uniform application, issue written permits herefore. The height above public ways of all aerial wires and cables hereafter constructed shall conform to the requirements of the Illinois Commerce Commission or other regulatory body having jurisdiction thereof. All structures hereafter installed shall not unreasonably interfere with customary travel, and all work in connection with such installation shall be so performed as not to interfere unreasonably with customary travel on the streets of the Municipality or with any municipal facility then in place, and in case of the municipality bringing to grade or change of grade or change of width or improvement of any street and/or alley or the municipality installing, maintaining, improving, or relocating municipal water or municipal sewer pipes said Company, provided it is notified within reasonable time prior to the commencement thereof, shall change its structures so as to conform thereto, except where such change of grade or the width or any improvement of street or alley is made in connection with the rearrangement, separation or alteration of railroad crossings or is incident to any such rearrangements, separation or alteration. The tops of all vaults constructed by said Company within the Municipality shall present an even surface with the pavement at the point where laid, and, subject to the exception contained in the last preceding sentence, shall be lowered or raised by said Company to conform to the tops of paving or improvement as required by the governing body of the Municipality whenever the grade of the street or alley in which any such vault is located may be at any time hereafter lowered or raised.
SEC. 26.3-3. The Company, after doing any excavating, shall leave the surface of the ground in a neatly graded condition. All public ways disturbed by said Company shall be restored by it to as good condition as before said areas were disturbed by it, and in the event that any such areas shall become uneven, unsettled or otherwise requires repairing because of such disturbance by the Company, then said Company, as soon as climatic conditions will permit, shall, promptly upon receipt of notice from the Municipality cause such areas to be repaired or restored to as good condition as before said areas were disturbed by said Company. The Company shall keep all structures which it shall construct by virtue of this Division, in a reasonable safe condition at all times, and shall maintain such barriers and danger signals during the construction, repair or renewal work performed hereunder as will reasonably avoid damage to life, limb and property.
SEC. 26.3-4. The Company shall, at its own expense, defend all claims, demands or suits that may be brought against the Municipality on account of or in connection with any of the obligations and/or rights hereby imposed upon or granted in this franchise to the Company, or by reason of or in connection with any damage to life, limb or property as a result of any of the work done on structures located within public ways by it under or by virtue of this Division, and shall save and keep harmless the Municipality from any and all damages, judgments, costs and expenses of every kind, that may arise by reason thereof; provided, that notice in writing shall be promptly given to said Company of any claim or suit against the Municipality which, by the terms hereof, the said Company shall be obligated to defend, or against which the Company has hereby agreed to save and keep harmless the Municipality and provided further that the Municipality shall furnish to said Company all information in its possession relating to said claim or suit, co-operate with said Company in the defense of said claim or suit. The Municipality may, if it so desires, assist in defending any such claim or suit. The Company will not rely upon governmental immunity afforded to the Municipality, and further agrees that it will pay the costs incurred by the Municipality for the necessary defense of any suit not only against the Municipality but also against its officers and employees resulting from this franchise agreement.
SEC. 26.3-5. As a consideration for the rights, privileges, and authority hereby granted, while said Company is using any pole or poles erected or maintained hereunder, it will permit the Municipality the use of sufficient space on the poles or adequate facilities for the successful operation of the Municipality’s police and fire alarm signal systems to be accomplished by two methods: (1) by means of one pole fixture to be placed, in accordance with the Company’s specifications, by the Municipality at its expense at the top of the space available for the use of the Company on any said poles, it being understood that the poles upon which space is permitted in the Municipality shall be considered, for the purpose of this agreement, as personal property; provided that such wires shall be so placed and maintained by the Municipality that the use of the same will not interfere with the operation and maintenance of the Company’s equipment or its use of said poles, and provided further that a thirty (30) inch climbing space shall be maintained between the pole pin on poles jointly used with another public utility. All such police and fire alarm signal wires shall be attached and maintained under the direction and supervision of said Company’s authorized representatives, and only upon the following conditions: No such police and fire alarm signal wire shall be attached to any of said poles of said Company if such wires shall carry a voltage of more than four hundred (400) volts, nor if the transmitted power exceeds one hundred fifty (150) watts, nor if, in any part of the circuit of such wire, it is supported upon a pole on which there is any wire carrying a constant potential A.C. exceeding five thousand (5,000) volts between conductors, or twenty-five hundred (2,500) volts normally to ground, or a constant potential D.C. exceeding seven hundred fifty (750) volts to ground, or a constant current series arc or incandescent light circuit, carrying in excess of seven and five-tenths (7.5) amperes. In case any such police and fire alarm signal wire in any part of its circuit is supported upon a pole on which there is any wire used for the supply of electrical energy for lighting, heating or power purposes, carrying a constant potential alternating current of five thousand (5,000) volts or less between conductors, or twenty-five hundred (2,500) volts or less normally to ground, or a D.C. circuit of seven hundred fifty (750) volts or less to ground or a constant current series arc or incandescent light circuit carrying seven and five-tenths (7.5) amperes or less, then such police or fire alarm signal wire shall be attached to such pole at a point not less than four (4) feet below such wire used for the supply of electrical energy. (2) In the event sufficient space is not available on said poles for the attachment of the fixtures, said Company will permit the Municipality the use of other facilities furnished by it for the successful operation of the police and fire alarm systems. The Company reserves the right to designate the type of facilities to be furnished to the Municipality for the purposes as stated herein. The Municipality shall, at its own expense, defend all claims, demands, or suits on account of any injury to life, limb or property that may result by reason of or in connection with the presence, use, maintenance, erection or removal of the Municipality’s police and fire alarm signal wires and their appurtenances pursuant hereto, and hereby agrees to save and keep harmless said Company from any and all damages, judgments, costs and expenses of any kind which may arise by reason thereof.
SEC. 26.3-6. In addition to the consideration described above, Company agrees to pay Municipality prior to March 1 of each year, commencing March 1, 1990, three dollars and fifty cents ($3.50) for each switched access line in the Town of Normal. For purposes of computation, a switched access line is any line that goes through a switch, including but not limited to residence lines, business lines, Centrex, PBX trunks, FX and key lines. Lines not included are non-switchable lines such as point to point lines. The number of switched access lines shall be determined as of December 31st of each preceding year.
SEC. 26.3-7. The amount per switched access line ($3.50) shall be subject to adjustment in accordance with changes in the Consumer Price Index for all urban consumers for the Chicago, Illinois, area as promulgated by the Bureau of Labor Statistics of the United States Department of Labor, using the years 1982-1984 as a base of 100 (the CPI) or such successor price index. Adjustments shall be made in January every two (2) years as follows: January, 1992; January, 1994; January, 1996; January, 1998. In no event, however, shall any adjustment cause the annual payment provided in Section 26.3-6 to be less than $3.50 per switched access line.
SEC. 26.3-8. The Company after five (5) days written notice from a representative of the Municipality to do so, shall remove or raise or lower its structures temporarily to permit the moving of a building or any other object along a street, provided the benefited party or parties shall agree to pay the Company an amount equal to the actual cost of effecting such temporary changes in its structures; and provided further that, pending the determination of such actual cost, the benefited party or parties shall have deposited with the Company an amount equal to the costs as estimated by the Company. Should any amount of said deposit remain unexpended, after deducting the actual cost involved, said amount shall be returned to the party making the deposit.
SEC. 26.3-9. The Company does further agree to furnish an indemnifying performance bond in the minimum amount of ten thousand dollars ($10,000.00).
SEC. 26.3-10. In case said Company shall fail or neglect to comply with any or all of the provisions of this Division (unless by order of the Illinois Commerce Commission or any other body, board, commission or court of competent jurisdiction), the Municipality reserves the right to repeal this Division or rescind this contract, and forfeit the rights hereby created or sought to be created, provided that no such repeal, rescission or forfeiture shall exist or be claimed because of such failure or neglect, until written notice of such failure or neglect so claimed shall have been given to said Company, and a reasonable opportunity afforded it to comply with the provisions hereof or to prove that such compliance already exists. In the event that said Illinois Commerce Commission or any other body, board, commission or court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the company in any matter or thing herein contained such invalidity or illegality or change shall in no way affect the remaining provisions of this Division, or their validity or legality, and this Division in all other respects shall continue in full force and effect, as if said provision or provisions had not been so adjusted invalid or illegal or such change directed provided however either party may upon a sixty (60) day notice request negotiations of this Agreement in whole or in part.
SEC. 26.3-11. All grants, franchises, rights, licenses and privileges heretofore made or granted the Company by the Municipality by Ordinance No. 435, approved January 7, 1963, are hereby revoked and repealed, it being the intention that this Division shall contain all grants, franchises, rights, licenses and privileges of said Company, and all obligations of said Company in connection therewith.
SEC. 26.3-12. Whenever the word “Company” or the words “GTE North Incorporated” are used in this Division, they shall be construed to mean GTE North Incorporated, its lessees, successors, and assigns, and this Division shall be binding upon the inure to the benefit of the said Company, its lessees, successors and assigns.
SEC. 26.3-13. This Division shall be in full force upon receipt, by the Clerk of the Municipality, of the Company’s written and unconditional acceptance of all the provisions of this Division executed by its proper officers thereunto duly authorized, under the corporate seal of said Company, and attested by its Secretary or Assistant Secretary.
(Entire Division 3 of Section 26 Amended 3/19/90)