Chapter 26 - Existing Franchise Ordinances
Division 7 - MCI Telecommunications Corporation
SEC. 26.7-1 WHEREAS, MCI Telecommunications Corporation, a Delaware 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, repair, replace, and use a fiber optic cable within certain public rights-of-way for the purpose of crossing the same; and
SEC. 26.7-2 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. 26.7-3 That for the mutual and other valuable considerations as herein provided, the right, permission, and authority are hereby given and granted to MCI Telecommunications Corporation, upon the terms and subject to the conditions of this Division to install, maintain, repair, replace, and use a fiber optic cable with 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 Chicago, Missouri, and Western Railroad right-of-way as it runs through the Town of Normal: a) New Fort Jesse Road, b) Beech Street, c) Cherry Street, d) Maple Street, e) Mulberry Street, f) Walnut Street, g) College Avenue, h) Linden Street, i) Broadway Avenue, j) Fell Avenue, k) School Street, l) University Street, m) an unnamed alley between University Street and Main Street, n) Main Street, o) Hovey Avenue, p) Division Street. Said cable shall cross the public rights-of-way for an aggregate distance of 1,728 lineal feet.
SEC. 26.7-4 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. 26.7-5 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, repaired, replaced, and used in accordance with the ordinances of the Town of Normal and the regulations of the Public Works Director.
SEC. 26.7-6 The Grantee agrees to pay the Town of Normal as compensation for the privilege herein granted the sum of $2,000 per year, payable on the 1st day of July of each year, beginning July 1, 1987, and continuing throughout the term of this Agreement, except as adjusted as hereafter provided.
SEC. 26.7-7 The compensation rates specified in the preceding Section shall be adjusted in five-year intervals on the following specified dates: July 1, 1992; July 1, 1997, July 1, 2002; July 1, 2007. 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 designated as CPI-U (Chicago Index), published by the Bureau of Labor Statistics, United States Department of Labor.
SEC. 26.7-8 In the event the privilege herein granted is terminated, expires, or the Grantee 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. 26.7-9 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 or similar 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. 26.7-10 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 Town shall give Grantee 60 days written notice that relocation is necessary, and the Grantee shall relocate the cable and structures and shall bear the sole expense of relocation. If Grantee’s proposed plan of relocation is not acceptable to the Town of Normal, the Town shall cooperate with Grantee in attempting to relocate Grantee’s cable and other structures on Town-owned property. Upon termination of the privilege herein granted by lapse of time or otherwise, the Grantee, without cost or 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 hereafter provided, or pursue any other remedies provided by law.
SEC. 26.7-11 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 of 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. 26.7-12 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. The Director of Public Works is hereby authorized to determine what cost would be involved to perform any obligation of Grantee hereunder, and present said claim to Grantee and the surety company together with a date by which said performance will begin. The Grantee or the surety company shall make payment to the Town of Normal on said claim within a reasonable time, but in any event, payment shall be made prior to the date performance of said obligation is scheduled to begin as set forth in the claim presented by the Director of Public Works to Grantee and the surety company.
SEC. 26.7-13 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 Grantee. 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. 26.7-14 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 of 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. 26.7-15 The Grantee agrees to hold harmless and indemnify the Town of Normal against any and all damages and claim 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, except as hereinafter set forth, 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, Grantee retains the right to recover damages from employees of the Town of Normal for willful and wanton damage to Grantee’s property, but said retention shall in no way create any liability for the Town of Normal.
SEC. 26.7-16 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. 26.7-17 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 there unto duly authorized under the corporate seal of said company and attested by its Secretary of Assistant Secretary.
SEC. 26.7-18 Notices required under this agreement shall be sent by the Town of Normal to MCI Telecommunications Corporation, 1133 19th Street, N.W., Washington, D.C. 20036, Attention: Executive Vice-President, with a copy to the Senior Vice-President and General Counsel; Grantee shall send notices required under this agreement to Town Clerk, Town of Normal, Normal City Hall, P.O. Box 589, Normal, Illinois 6l76l.