Chapter 26 - Existing Franchise Ordinances
Division 6 - United Telecom Communications, Inc.
SEC. 26.6-1 WHEREAS, United Telecom Communications, Inc., a _____________________________ Corporation authorized to do business in the State of Illinois (hereafter also designated as Grantee), has petitioned the Town of Normal, Illinois, asking that the right permission and authority be granted to it by ordinance to install, maintain, and use a fiber optic cable within certain public rights-of-way for the purpose of crossing the same; and
SEC. 26.6-2 WHEREAS, the Town of Normal and Grantee have agreed upon the terms, provisions, and conditions granting permission and authority to use certain public rights-of-way all as hereafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE TOWN OF NORMAL, ILLINOIS:
SEC. 26.6-3 That for the mutual and other valuable considerations as herein provided, the right, permission, and authority are hereby given and granted to United Telecom Communications, Inc., upon the terms and subject to the conditions of this Division to install, maintain, and use a fiber optic cable within the certain named public rights-of-way for the purpose of crossing the same.
- Said cable shall cross the following public rights-of-way
as the same intersect with Illinois Central Gulf Railroad right-of-way
as it runs through the Town of Normal: a) Beech Street, b) Cherry
Street, c) Maple Street, d) Mulberry Street, e) Walnut Street,
f) College Avenue, g) Linden Street, h) Broadway, i) Fell Avenue,
j) School Street, k) University Street, l) an unnamed alley
between University Street and Main Street, m) Main Street, n)
Hovey Avenue, o) Division Street. Said cable shall cross the
public rights-of-way for an aggregate distance of 1,588 lineal
feet.
- Said cable shall cross the following public rights-of-way as the same connect with Norfolk and Western Railroad right-of-way as it runs through Diamond-Star Motors Corporation Subdivision to the Town of Normal: West College Avenue, a distance of one hundred (100) lineal feet. (Amended 10/3/88)
SEC. 26.6-4 The above described uses of the public ways shall exist by authority herein granted for a period of 25 years from and after the date of passage of this ordinance.
SEC. 26.6-5 The exact location of said privilege shall be as shown on prints attached hereto, which by reference are made a part of this Division. Said cable shall be installed, maintained, and used in accordance with the ordinances of the Town of Normal and the regulations of the Public Works Director.
SEC. 26.6-6 The Grantee agrees to pay the Town of Normal as compensation for the privilege herein granted the sum of $1,739 per year, payable on the fifth day of November of each year, beginning November 5, 1984, and the sum of $1,848 per year beginning November 5, 1988, and continuing throughout the term of this agreement, except as adjusted as hereafter provided. (Amended 10/3/88)
SEC. 26.6-7 The compensation rates specified in the preceding Section shall be adjusted in five-year intervals on the following specified dates: November 5, 1989; November 5, 1994; November 5, 1999; November 5, 2004. The adjustment shall be made by multiplying the then existing contract rate times a factor equal to the overall change in the Consumer Price Index during the five contract years immediately preceding the adjustment date. The Consumer Price Index shall be that index published by the United States Department of Labor, Chicago office.
SEC. 26.6-8 In the event the privilege herein granted is terminated, expires, or the Grantee transfers title or vacates the premises, the Grantee shall nevertheless remain liable to the Town of Normal under the provisions hereof until all cable and supporting structures herein authorized are removed and the public way is restored as herein required.
SEC. 26.6-9 All structures hereafter installed shall be so placed and all work in connection with such installation shall be so performed as not to interfere unreasonably with ordinary travel on the highways of the Town of Normal or with any municipally owned water or sewer pipes then in place or hereafter placed. Grantee, after doing any excavating, shall leave the surface of the ground in the same condition as existed prior to such excavation. All sidewalks, parkways, or pavements disturbed by Grantee shall be restored by it; and the surface to be restored shall be the same type construction as that previously existing prior to its being disturbed; and in the event that any such sidewalk, parkway, or pavement shall become uneven, unsettled, or otherwise requires repairing because of such disturbance by Grantee, then Grantee, as soon as climatic conditions will permit, shall promptly upon receipt of notice from the Town of Normal so to do, cause such sidewalk, parkway, or pavement to be repaired or restored to as good condition as before said sidewalk, parkway, or pavement was disturbed by Grantee.
SEC. 26.6-10 This grant of authority is subject to amendment, modification, or repeal; and permission and authority herein granted may be revoked by the Town of Normal if Grantee fails or neglects to comply with this grant of authority, but only after being given a reasonable amount of time to cure any defaults. Upon the determination by the Town of Normal that it is necessary to relocate said cable or structures, the Grantee shall relocate the cable and structures and shall bear the sole expense of relocation. Upon termination of the privilege herein granted by lapse of time or otherwise, the Grantee, without cost of expense to the Town of Normal, shall remove the cable and structures herein authorized and restore the public way to a proper condition under the supervision of the Director of Public Works. In the event of the failure, neglect, or refusal of said Grantee to remove the cable and other structures, the Town of Normal will have the choice of either performing said work and charging the cost thereof to said Grantee or determining what the cost of said work shall be and billing the Grantee for said cost, proceeding against the surety bond posted by Grantee as herein provided, or pursue any other remedies provided by law.
SEC. 26.6-11 Grantee shall hold and save the Town of Normal harmless from any and all liability and expense, including judgments, costs, and damages, arising out of the installation, removal, relocation, alteration, repair, maintenance, restoration, or any other way connected with the cable or structures herein authorized, and from any and all damages thereto on account of the location, construction, alteration, repair, or maintenance of any public ways, bridges, subways, tunnels, vaults, sewers, water mains, conduits, pipes, poles, and other utilities.
SEC. 26.6-12 Grantee agrees to furnish the Town of Normal a surety bond written by a company authorized to do business within the State of Illinois in the amount of $10,000. Said bond shall be in existence during the term of this agreement and shall be conditioned upon Grantee’s performance of its obligations pursuant to this Agreement. In the event Grantee, after reasonable notice, fails to perform pursuant to the terms of this Agreement, then the Town of Normal may in addition to other remedies recover on the surety bond. For the Town of Normal to recover from the surety company under this Section, it is not necessary that the Town of Normal first make any expenditure or perform any work. The Director of Public Works is hereby authorized to determine what cost work be involved to perform any obligation of Grantee hereunder, and present said claim to Grantee and the surety company. The Grantee or the surety company shall make payment to the Town of Normal on said claim within a reasonable time.
SEC. 26.6-13 Grantee agrees to furnish the Town of Normal, prior to issuance of a permit for this privilege, a copy of proof of insurance (certificate of insurance) in an amount not less than $1 million combined single limit with said insurance covering all liability, both public liability and property damage, that may result from the granting of this privilege to United Telecom Communications, Inc. The aforementioned insurance coverage shall be maintained at all times by the Grantee until the cable or structures described in this grant of authority are removed and the public way is restored as herein required. The aforementioned insurance coverage shall name the Town of Normal as an additional insured.
SEC. 26.6-14 Grantee shall, at its own expense, defend all suits and does agree to indemnify and save harmless the said Town of Normal and its officers and employees from and against any and all claims and liabilities of whatever nature arising from the granting of authority herein to Grantee or imposed upon or assumed by it, or by reason of or in connection with any damage to life, limb, or property as a result of any of the structures constructed by it under or by virtue of this Agreement, and shall save and keep harmless the Town of Normal 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 immediately given to Grantee of any claim or suit against the Town of Normal which, by the terms hereof, the Grantee shall be obligated to defend, or against which the Grantee has hereby agreed to save and keep harmless the Town of Normal and provided further that the Town of Normal shall furnish to said Grantee all information in its possession relating to said claim or suit, and cooperate with said Grantee in the defense of any said claim or suit. The governing body of the Town of Normal may, if it so desires, assist in defending any such claim or suit. The Grantee will not rely upon governmental immunity afforded to the Town of Normal, and further agrees that it will pay the costs incurred by the Town of Normal for the necessary defense of any suit not only against the Town of Normal but also against its officers and employees resulting from this franchise grant.
SEC. 26.6-15 The Grantee agrees to hold harmless and indemnify the Town of Normal against any and all damages and claims arising out of damage to the fiber optic cable or structures done in whole or in part by the Town of Normal, its officers, employees, and agents. Grantee waives all claims against the Town of Normal, whether arising directly, by subrogation, assignment, or otherwise, for any and all damages, direct or indirect, resulting from damage to the fiber optic cable or structures done in whole or in part by the Town of Normal, its officers, employees, and agents.
SEC. 26.6-16 Unless otherwise provided herein, Grantee agrees to abide by all Town of Normal ordinances, rules and regulations governing the use of municipal property, municipal rights-of-way, and other matters.
SEC. 26.6-17 This Agreement shall be in full force upon receipt by the Town Clerk of the company’s written and unconditional acceptance of all the provisions of this Agreement 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 6 OF CHAPTER 26 ADDED 11/5/84)