HomeMy WebLinkAbout1500_001ADMINISMATOR
AM L PASAIC
PROD, COORDINATOR
WSM T A WK N
PWD, ASSISTAN
AVII MURLER
SECRETARY
JUDY 8 WWCK
TO:
FROM*
DATE:
RE:
COMMUNICATIONS DIVISION
00 WRNMEN ACCUS C110NU 6
VILLAGE OFMOUNI PROSPECT
50 S. EMERSON 57REET, A40UK PROSPECT, 11 60056
rim
MICHAEL E. JANONIS, VILLAGE MANAGER
CHERYL L. PASALIC, COMMUNICATIONS ADMINISTRATOR
DECEMBER 7. 1995
ANOMIE: " 7081870-5685
MZ.. * 7081870-8502
MD.- * 70813924375
EFFEME 1120196 AKA COVE SOWS 847
Per your instruction, staff has been collaborating to bring forth a comprehensive
telecommunications ordinance that will facilitate competition, protect infrastructure, control use
of rights-of-way, and establish "level playing field" rules for all providers to abide by. As you
know, almost three years ago discussion began on these issues when talk of competition first
started, and the Village began experiencing problems with unknown operators causing damage
to Village water and sewer facilities as well as to other providers who were licensed by the
Village or the State of Illinois. In addition, lack of future capacity for facilities started to become
a reality.
Staff began examining capacity remaining and how public rights-of-way were being utilized at
that time. Staff then began discussions with various technical and legal experts on what options
were available for Mount Prospect. It was determined that due to the lack of a comprehensive
plan for dealing with new providers and new technologies, such a policy needed to be
developed. Staff arranged to begin this process earlier this year with the assistance of special
counsel Peter Coblentz. At that time,, several other suburban communities and Illinois NATOA
indicated they would also like to join in on the development of such a policy and to share the
cost. Then the four suburban area Councils of Government (COG'S) endorsed the effort and
agreed to facilitate. A Technical Committee was then appointed to develop the policy/ordinance
that has come to be known as the Model Telecom Ordinance or WTO." Communications
Administrator Cheryl Pasalic, along with the Village Manager of Streamwood and the Mayors
of Arlington Heights and Elk Grove Village, served on this Technical Committee on behalf of the
Northwest Municipal Conference communities. In total,, over 150 communities will benefit from
this effort.
The Technical Committee developed a boilerplate MTO that was distributed to all of the
suburban area communities who agreed to participate. The policies and licensing/franchising
requirements contained within the MTO are the same for every community, but internal
procedures were left up to the individual municipality to determine as well as the appropriate
fees to be charged. Prior to the boilerplate MTO being released by the Technical Committee,
•
16-11
Ah
Ab lb
•
WIRELESS TELECOM PROVIDERS/CARRIERS
Providing Service to Village Customers
Wireless Carrier with
Facilities/Antennae on
Village Proprietary Property
Discretionary
Market Value
Lease/License
Wireless Carrier with
Facilities on
Private Property Only
Registers with Village
and pays $25 fee
FLOWCHART A
Wireless Carrier with
No Facilities in Village
Zoning Requirements &
Construction Permitting
New User of
New Franchised
Village ROW and
Cable TV Telephone
Company Company providing local
service
Renewal
Application
Application
Article 5
Cable Franchise
I ILI] 11� 1-74 a fit
Renewal
Application]
Franchise I
Agreement
Registers vvnn
Village and
pays $25 fee
Article 4
Telecom Franchise
Franchise Agreement
After Renewal under MT*
Franchise
MW
Construction Permittin
Article 8 1
0-1
Article 3
Telecom License
License
Agreement
M
ARTICLE 2: REGISTRATION OF TELECOMMUNICATIONS 5
CARRIERS AND PROVIDERS
................... ••• section 6.201: Registration Required 5
Section 6.202: Registration Fee 6
Section 6.203: Purpose of Registration 6
ARTICLE 3: TELECOMMUNICATIONS LICENSEOOO*OOOOOOOOOOOOID4bigo. 7
Section
D,R,AF'T
Telecommunications License 7
Section
CHAPTER 6
License Application 00000*0000000000000 7
Section
6*303:
TELECOMMUNICATIONS CODE
section
6.304:
Agreement 9
IndeX
]2,age
ARTICLE1 GENERAL
0 0 0 0 .. 0 0 0 0 0 0 0 0 0
it
section
6.101:
Purpose 00000000000*0000000000000000000
2
Section
6o102:
Definitions 000000000000000000000000000
4
Section
6.103:
Registration"000000000000000*0000&.0000*
4
Section
6*104:
Telecommunications License 000000000000
4
Section
6.105:
Telecommunications Franchise .0,009,00#0
4
Section
6.106:
Cable Television Franchise .1010*90040*6
4
Section
6e107:
Application to Existing Franchise
ordinances and Agreements o*0,****,*00*00,
5
Section
6.108:
Penalties 00000000000000000000000000000
5
Section
6.109:
other Remedies
5
Section
6e110:
,k
Severability
M
ARTICLE 2: REGISTRATION OF TELECOMMUNICATIONS 5
CARRIERS AND PROVIDERS
................... ••• section 6.201: Registration Required 5
Section 6.202: Registration Fee 6
Section 6.203: Purpose of Registration 6
ARTICLE 3: TELECOMMUNICATIONS LICENSEOOO*OOOOOOOOOOOOID4bigo. 7
Section
6*301*0
Telecommunications License 7
Section
6*302:
License Application 00000*0000000000000 7
Section
6*303:
Determination by the Village0*400000000 9
section
6.304:
Agreement 9
i
section 6.305: Nonexclusive Grant
Section 6*306: Rights Granted
Section 6e307: Term of Grant
Section 6*308: License Route
Section 6.309: Location of Facilities
Section 6*310: Construction Permits
Section 6.311: Compensation to Village
Section 6.312: service to Village Users
Section 6.313: Amendment of Grant 00000000000000000000
Section 6e314: Renewal Applications
Section 6*315: Renewal Determinations
Section 6o316: obligation to Cure as a
Condition of Renewal 000000000000000000
ARTICLE 400 TELECOMMUNICATIONS FRANCHISEOOOOOOOOOOOOOOOOOOO
Section 6e401: Telecommunications Franchise
Section 6e402: Franchise Application 91000#4100490100,00000
Section 6*403: Determination by the Village
Section 6.404: Agreement
section 6o405: Nonexclusive Grant
section 6.406: Term of Grant to 6 (0 40, # 0 40) 0 qw, 0 0 0
Section 6.407: Rights Granted 0 0 oil 0,0 0 0 10 0 0 0, 0, 0 W *
Section 6.408: Franchise Territory 0, *A0 10 ON 0 0 0 0 0 0
Section 6.409: Location of Facilities
Section 6*410: Construction Permits
ii
k=*
9
10
10
10
10
11
11
11
11
12
12
12
12
14
16
I
Section
6.411:
Compensation to Village
17
Section
6.412:
Nondiscrimination
17
Section
6.413:
Service to the Village
17
section
6.414:
Amendment of Grant
17
Section
6.415:
Renewal Applications
17
Section
6.4169.
Renewal Determinations
17
-Section
6.417:
obligation to Cure as
Condition of Renewal
18
ARTICLE 5: CABLE TELEVISION FRANCHISING
19
INSERT FORMER
CHAPTER 6 (CABLE COMMUNICATIONS CODE)
ARTICLE 6: FEES AND COMPENSATION dP 01
20
Section
6.601:
Purpose
20
Section
6.602:
Application and Review Fee
20
Section
6 e 6 0 3
other Village Costs #
20
Section
6.604:
Reserved Compensation for Public Ways
20
Section
6.605:
Compensation for Village Property
20
section
6.606:
Construction Permit Fee
20
Section
't. 6 0 7
Annual Fees
21
Section
6.608:
Cable Fees
21
Section
6.609:
Regulatory Fees and
Compensation Not a
21
ARTICLE 7: CONDITIONS OF GRANT
21
Section
6.701:
Location of Facilities
21
Section
6*702:
Compliance with J.U.L.I.E.
22
iii
Parte
Section 6.70 1, 3:
Construction Permits 000000000*00000000
22
Section 6*704:
interference with the Public Ways 0`0000
22
Section
6*705:
Damage to Property
22
Section
6*706:
Notice of Work
22
Section
6.707:
Repair and Emergency Work
22
Section
6*708:
Maintenance of Facilities
23
Section
69709*0
Relocation or Removal of Facilities 000
23
Section
6.710:
Removal of Unauthorized Facilities 0000
23
Section
6.711oo
Emergency Removal or 24
Relocation of Facilities ***46000#00*4100
24
section
6o712:
Damage to Grantee's Facilities 000000*0
24
Section
6.713:
Restoration of Public Ways,
other Ways and Village Property 0000000
24
Section
6*714:
Facilities Maps 000008000*00000000000oo
24
Section
6.715:
Duty to Provide Information 0***0**1*0**,
24
Section
6*716:
Leased Capacity 000000000000000000000oo
25 M.
section
6.717:
Grantee Insurance 000000000,00000000000o
25
Section
6.718:
General Indemnification
26
Section
60719:
Performance and Construction Surety 000
26
Section
6o720:
Security Fund 0000060000000000000060000
27
section
6.721:
Construction and Completion Bond 0001160,0
27
Section
6.722:
Coordination of Construction
Activities 00*0000000000000000000000000
28
Section 6.723: Assignments or Transfers of Grant 00000
28
Section 6.724: Transactions Affecting
Control of Grant 0000000*0000000000000o
29
iv
I
Section 60725*0 Revocation or Termination of Grant 6606 30
Section 69726: Notice and Duty to Cure .00000000000*00 30
Section 6.727: Hearing 31
Section 69728: Standards for Revocation
or Lesser Sanctions 0000000000000000000 31
ARTICLE 8: CONSTRUCTION STANDARDS
31
Section
6e801:
General
31
Section
6.802:
Construction Codes
31
Section
6.803:
Construction Permits 0006000*0000000000
31
Section
6.804:
Applications 00 0 0 0 0 10 .. 0
32
Section
6,sS05oo
Engineer's Certification
32
Section
6.806:
Traffic Control Plan 000000000000000000
33
Section
6.807:
Issuance of Permit 900000000000*0060000
33
Section
6.808:
Construction Schedule
33
Section
6.80990
Compliance with Permit
33
Section
6.810:
Display of Permit
33
Section
6.811:
Survey of Underground Facilities
33
Section
6.812:
Noncomplying Work
33
Section
6.813:
Completion of Construction
34
Section
6*8140*
As -Built Drawings
34
Section
6.815:
Restoration of Improvement: 6666
34
Section
6*816:
Landscape Restoration
34
Section
69817:
Construction Surety
34
Section
6.818:
Exceptions * 0 0 a ** * 0 0 is * 0 0 0 0 0,0 00 0 0
34
Section
6e819:
Responsibility of Owner s, 0 *
34
V
CHAPTER 6
ARTICLE 1: GENERAL
Section 6.101. Purpose: The purpose and intent of this Title is
A,b establish a local policy concerning telecommunications
providers and services;
B, establ i*sh clear local qu 1"del ines standards, and, ti, m,e, frames
i1se of local authority wi e
Lth respect, 'to, t,h,
fol the, exerc,,*
regulation of telecommunicat 'ions, prov iders, and, services
C.promote competition in telecommunications*
Do m
inimize unnecessary local regulation of telecommunications
providers and services;
E encourage the provision 'of advanced and competitive
0 services on the widest possible basis to
te lecormnun icat ions
the businesses, institutions and residents of the Village;
F.o permit, and manage reasonable a,aces to the public ways of:
the Village for tel,ecommmunications purposes on a
competitively neutral basis#
Go conserve the limited ted physical capacity of the public ways
held in public trust by the Village;
9 costs of
H* assure that the Village's current and ongoing cos
* 11 of the
ivat
granting and regulat. ing pre access to and use
pbl, is ways are fully aid by the persons seeking such
acces s and caus ing such costs
I* secure fair and reasonable compensation to the Village and
the residents of the Village for permitting private use of
the public ways*
J* assure that all telecommunications carriers providing
11
facilities or services within the Village comply with the
ordinances, rules and regulations of the Village;
K assure that the Village can continue to fairly and
responsibly protect the pu,,niLic health, safety and welfare;
enable the, village to dascharge its public trust consistent
with rapi'dly evolving federal and state regulatory
policies,, *industry competition and technological development.
. 1 — December 8, 1995
-tle n
o, this Ti� a, d
u, pose f
p
Section 6.102. De:flnitions& For the i
g ords, and 1,nw
d, e, forcement thereof the f & l0w
the, *nterpre,tation an n
I 'he c n t of the
phrases, shall have the, following meaningst.1 'unless t, ,,o, tex
sentence in which, they are used shall "indicate otherwise,,*
,#Affiliate," means a � erson that (directly or indirectly), owns or
P
onti
rol,led byt or s under common ownership or
controls, is owned or c -
control with another person.
"Annual gross revenue" -see reserved.
"Cable Act" shall mean the Cable, Communications Pal icy Act of
1984,f 47 U,S,Ce §532, et seq.., as now and hereafter amended*
"'Cable, Operator$# means a telecommun,icat ions carrier providing or
4
offering, to provide "cable service" within the Village as that term
is defineld, the, Cable Act,,
"Cable service" for the purpose of this Title shall have the same
meaning provided by the Cable Act,
,,corporate Authorities" means the President and Board of Trustees
of the Village,
any existing
means the vo'lume or, capaci,ty, xnl
Excess capa, I ole handhol,e or other uti'llty facility
or future duct, condluit, manh
11 be available for, 'use for
W "th the publ,ic way that is orwl
11, in
additi"onal telecorftmunications fac'litiess
"FCC" or "Federal Communicati,ons Co�m, "ss,"on" means t'he 'Federal
_ml .1
awful successor, authrorized to, regulate and
administrative agienc y,, or Jk on a
carriers, services and providers
oversee to lecommunacat ions
national level
"Gross Revenue(s)" means (insert language from Cable Code)
Comm,i,ssion" means the State
11ICC11 or ,Illinois Commerce -d
0 41 authorized to r'egulate an
or lawful, succeszor,,�
adh-Inistrative agency, q ovIders in the
0 tions, carriers, services land pr
oversee t,elecommunica
State of Illinois*
111DOT11 or "Illinois Department of Transportation" means
.. .
.0,11 h,'ghways,, streets,,f alleys, utility
"Other way's m eans the 1 01, 1, e but under the
ith n the V*Jlag,
easements or other rights-of-wa,y wi 1 al et, ty other than the
jurisdiction and, control of a government n
Village*
ities and
"Ove,rheiad' facil'.14"ti-es" means utility polesf utility facil"I *
* 1 10 * 1-j'. 4 located above the surface of the ground,
te',lecom,nunicat.,pans , faci. 1:tles orts and, foundations, for such
including the, underground SUPP
facilities.
� 2 - December 8, 1995
"State" means the State of Illinoise
20
All,
V WI
dw MF
. . . . . . . . . .......
lw
All
Maim
All.
'Ol Ail I
1 11 "Telecommunications facilities"
"Telecommunications system" See
JI#Vhdergro,un�d facili'tiess,01 Means, Utility and tejec;ommun icat ions
a 0 * xCluding the
facilities lolcated under the, surface of the ground.t e
head Fac 11, it le's, A,
underground foundations or supports for Over
� 3 -- December 8, 1995
December 8, 1995
iding cable service to persons in the village shall f irst obtain
prov .1 " in Article 5 of this
ale francihse f rom the Village as provicted
Title 0
a
Section 6.1.0'7. Application to Existing Franch1s,e Ord inances and
I
Agreements: This Title shall have, no effect on any existing 'franchise
4,
ordinance or franchise agreement, until:
A. the expiration' of said franchise ordinance or agreement;
B# an amendment to an unexpired franchise ordinance or
franchise agreementr unless both parties agree to defer
full compliance to a specific date not later than the
present expiration date.
Section 6*108* Penalties: Any person found guilty of violating,
disobeying, omittingr neglecting or refusing to comply with any of the
provisions of this Title shall be fined not less than One Hundred
Dollars ($jo0.00) nor more than Dollars ($
for each offense. A separate and distinct offense shall be deemed
committed each day on which a violation occurs or continues.
section 6e1090 other Remedies: Nothing in this ordinance shall
0 j
be construed as limiting any ucial remedies that the Village may
have,, at. law or in equity,, for enforcement of this Title.
Section 6*110a Severability: If any section, subsection,
sentence, clause phrase, or other portion of this Title., or its
application to any persont is, for any reasont declar,ed invalidr in
whole or in part by any court or agency of competent jurisdiction,
said decision shall not affect the validity, of 'the remaining port I ions
hereof.
ARTICLE 2: REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND
PROVIDERS
3. Required: All telecommunications
Sectlon 6,*,,201* Re:g*strat*o,n
Cir and prov, iders that, of f er or prov de any telecomm, n, cations
M,
ectly to the public r el ither within the village,
service f or a f ee, air to, 1litles,
or outside the corporate limits from telecommunications a. ,i
within the Village, shall register with the Village pursuant to this
Article on forms to be provided by the Communications DiVision, which
shall include the following:
A. The identity and legal status of the registrant, including
any affiliates*
B. The name,, address and telephone number of the officer,,
agent or employee responsible for the accuracy of the
registration statement*
ddo 5 - December 8, 1995
I
Section 6e202e Registration Fee: Each application for
9shall be
registration as a te lecommun 1cat ions carrier or provider
a
W,
accompani 7 -
ed by a fee of T11,1
Section 6*203a Purpose of Registration: The purpose o
registration under this Article is to.
A provide the Village with accurate and current information
I #
concerning the telecommunications carrXers, and providers
who offer or provide telecommunications services within the
Village, or that own or operate telecommunication
facilities within the Village; '
B# assist the Village in enforcement of this Title;
C, assist the Village in the collection and enforcement of any
municipal taxes, franchise fees, license fees or charges
that may be due the Village;
lk� 6 - December 8, 1995
D 161 assist the Village in monitoring compliance with local
State and Federal laws*
ARTICLE 3: TELECOMMUNICATIONS LICENSE
Section 6*301a Telecommunications License: A telecommunications
license shall, be required of any carrier who telecommunicat, _,ons
des ire,s to occupy, specific public ways of the Village for the sole
purpose of providing tel,ecommunications services to persons or areas
outside the Village*
S,ect3*Lo,,n 6e302. License Application: Any person that desires a
t e lecommunicat ions license pursuant, to this Article 3 shall file an
W *�
appli,c#a-cion with the Communications Division which shall include the
following, information:
A. The identity of the license applicant, including all
affiliates of the applicant.
B. A description of the telecommunications services that are
or will be offered or provided by licensee over its
telecommunications facilities.
Co A description of the transmission medium that will be used
by the licensee to offer or provide such telecommunications
services.
Do Preliminary engineering plans, specifications and a network
0. M
map of the face .ti to be located within the Village, all
in sufficient detail to identify:
(a) the location and route requested for applicant's"
proposed telecommunications facilities.
(b) the location of all overhead and underground
public utility, telec�ommunicationj -cable, water,
1 # i
sewer drainage and other facilities n the public
way along the proposed route.
(c) the locat ion(s)f if any,, for interconnection with
the tel ecommunicat ions facilities of other
telecommunications carriers.
(d) the specific trees, structures, improvements,
facilities and obstructions, if any, that
applicant proposes to temporarily or permanently
remove or relocate,.
E. If applicant is proposing to install overhead facilities,
evidence that surplus. space is available for locating its
*#* 7 - December 8, 1995
telecommunications facilities on existing utility poles
along the proposed routes
Fs If appil, icant is 'proposing an underg,r,ound installation in
existing ducts or conduits within 'the 'public ways,
information, in suffi'cient detail, to identify:
(a) the excess capacity currently available in such
ducts or conduits bef orins tal,la.ion of
applicant's telecommunications facilities;
(
'
bthe excess capac,11 ty, if any, that w, exis t in )
such ducts or conduits of ter instal lation of
applicant's telecommunications facilitie'se
G. If applicant Is proposing an underground installation
within new ducts or conduits to be co,nstructed within the
public ways:
(a) the location proposed for the new ducts or
conduits;
(b) the excess capacity that will exist in such ducts
or conduits after installation of applicant's
telecommunications facilities.
H* A preliminary construction schedule and completion date,
in in ardance with the
I Is A prelimnary traf f i c control pcco
la
If
IDOT Manual on Ufnifl`orm alisControl Devices,
is Financial statements prepared in accordance with generally
accepted accounting prind ples demonstrating the
applicant's financial ability to construct, operate,
maintain, relocate and remove the facilities,
K. Information in sufficient detail to establish the
applicant's technical qualifications, experience and
expertise regarding the telecommunications facilities and
services described in the application.
-
Ls, Information to establish that the applicant has obtained
all other governmental approvals and permits to construct
and operate the facilities and to offer or provide the
telecommun1cations services,.
M. All fees, deposits or charges required pursuant to Article
6 of this Titles
N, Such other and further information as may be required by
the Village Manager or his/her designee*
8 December 8, 1995
a, io#
Sect,ion 6,*303* Determinatn by the VillageON Withi'n, 120 days
after receiLving a complete application under S,ection 6*3,102, hereof.,
0
the corporate authoritles, shial,l issue a written determination granting
W i
or denying the applicatlon n whole or in part, applying the following
0
standardso If the application is denied, the written determination
shall include the reasons for denial.
A. The financial and technical ability of the applicant.
B. The legal ability of the applicant.
Co. The capacity of the public ways to accommodate the
applicant's proposed facilitiese
#
Do The capacity of the public,, ways to accommodate additional
utility and, telecommunications facilities if the license is
granted.
E. The damage or disruption, if any,, of public or private
Facilities, improvements, servicer travel or landscaping if
the license is granted.
F. The public interest in minimizing the cost and disruption
of construction within the public ways.
G, The service that applicant will provide to the community
and region.
H. The effect, if any, on public health, safety and welfare if
the license is granted.
1. The availability of alternate routes and/or locations for
the proposed facilities.
is Applicable federal and state telecommunications laws,
regulations and policies.
K. Such other factors as may demonstrate that the grant to use
the public ways will serve the community interests
Section 6*304o Agreement: No license granted hereunder shall be
effective until the applicant and the Village have executed a written
agreement setting forth the particular terms and provisions under
which the license to occupy and use public ways of the Village will
be granted.
Section 6.305* Nonexclusive Grant: No license granted under this
Article shall confer any exclusive right, privilege, license or
franchise to occupy or use the public ways of the Village for delivery
of telecommunications services or any other purposes.
� 9 -- December 8, 1995
Section 6e306e Rights Granted: No license granted under this
Article shall convey any right, title or interest in the public ways,
but shall be deemed a license only to use and occupy the public ways
for the limited purposes and term stated in the grant. Further, no
license shall be construed as any warranty of title*
Section 6e347* Term of Grant: Unless otherwise specified in a
license agreement,, a telecommunications license granted hereunder
shall be in effect for a term of five (5) years.
Section 6e308o License Route: A telecommunications license
Q�q
granted under this Article shall, be limited to a grant of specific
public ways and defined portions thereof.
Section 6.309e Location of Facilities: Unless otherwise
specified in a license agreement, all facilities shall be constructed,
installed and located in accordance with the following terms and
conditions:
A. Telecommunications facilities shall be installed within an
existing underground duct or conduit whenever excess
capacity exists within such utility facility.
B. A licensee with permission to install overhead facilities
shall install its telecommunications facilities on pole
attachments to existing utility poles only, and then only
if surplus space is available.
C. Whenever. any existing electric utilities , cable facilities
or telecommunications facilities are located underground
within a public way of the Village, a licensee with
permission to occupy the same public way must also locate-,
its telecommunications facilities underground*
D Whenever any new or existing electric utilities, cable
facilities or telecommunications facilities are located or
relocated underground within a public way of the Village,
a grantee, that currently occupies the same public way shall
re,locate its f acillties underground within a reasonable
period of time, which shall not be later than the end of
the grant term. Absent extraordinary circumstances or
undue hardship as determined by the Village, such
relocation shall be made concurrently to minimize the
disruption of the public ways.
E. Whenever new telecommunications facilities will exhaust the
capacity of a public street or utility easement to
reasonably accommodate future telecommunications carriers
or facilities, the grantee shall provide additional ducts,
conduits, manholes and other facilities for
nondiscriminatory access to future telecommunications
carriers. I
� 10 — December 8, 1995
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..... .....
Section 6e312o service to Village Users: A licensee may be
permitted to offer or provide telecommunications services to persons
N"tti-, #
or areas within the Village upon subm,1ng an application far
approval pursuant to Article 4 hereof.
Section 6*313* Amendment of Grant:
A. A new license application and grant shall be required of
any telecommunicata*ons carrier that desires, to extend or
locate its telecommuni"cations facilities in public ways of
A
the Village which are not included in a, license previously,
granted under this Title.
B. If o'rd,ered, by the Village to locate or relocate its
t e le,commun-l"cat ions facilities in public ways not included
in apreviously granted license, the Village shall grant a
license amendment without further application.
Section 6o314o Renewal Applications: A grantee that desires
4'
to renew its license under this Article shallf not more than 180 days
nor less than 90 days before expiration of the current licenser file
an application with, the Village for renewal of its license which shall
includi
e, the following nformation*
A. The information required pursuant to Section 6.302. of this
Article.,
B. Any information required pursuant to the license
agreement between the Village and the grantee.
Section 6o315e Renewal Determinations:
Within 90 days after
receiving a complete application under Section 6.314.o hereof, the
4 10,
corporate author ities shall,, issue a written determinat, i0n grant ing or
# lin denying, the renewal application in whole or in part,, applying the
following standards. If the renewal, application is denleat the
written determination shall include the reasons for non -renewal.
� 11 — December 8, 1995
A. The financial and technical ability of the
applicant.
B. The legal ability of the applicant*
C. The continuing capacity of the public ways to
accommodate the applicant's existing facilities.
D. The applicant's compliance with the requirements of this
Title and the license agreement.
E. Applicable f ural, state and local telecommunications
laws,, rules and polici"eslo,
F. Such other factors as may demonstrate that the continued
grant to use the public ways will serve, the community
interest,
Section 6 * 316 ObllgaLon to Cure As a Condon of Renewal:
No license, shall be renewed until any ongoing violations or defaults
in the Licensee's pert'or,mrance of 'the license agreement, or of the
requirements of this Title, have been cured, or a plan detailing the
corrective action to be taken by the grantee has been approved by the
Vi 1 lage .
ARTICLE 4: TELECOMMUNICATIONS FRANCHISE
Section 6*401e Telecommunications Franchise: A
telecommunications franchise shall be required of any
telecommunications carrier who desires to occupy public ways of the
Village and to provide telecommunications services to any person or
area in the Village.
section 6.402. Franchise Application: Any person that desires
a telecommunications franchise pursuant to this, Article 4 shall file
an application vith, the Commaunicat ions Division which shall include
iW #
the following information,*,
A. The identity of the franchise applicant, including all
affiliates of the applicant*
B, A description of the telecommunications services that ar
or will be offered or provided by the franchise applican
over its existing or proposed facilities.
C A description of the transmission medium that will be use
by the franchisee to offer or provide SUCI
telecommunications services.
� 12 - December 8, 1995
Do Preliminary engineering plans, specifications and a network
map of the facilities to be located within the Village, all
in sufficient deta-il to identify:
(a) the location and route requested for applicant's
proposed telecommunications facilities.
(b) the location of all overhead and underground
public utilityr tel ecommunica,tionr cable, water,
sewer drainage and other facilities *in the pu,blic
way along the proposed route..
(c) the location (s)f if any, for interconnection with
the telecommunications facilities of other
telecommunications carriers.
(d) the specific trees, structures, improvements,
facilities and obstructions, if any, that
applicant proposes to temporarily or permanently
remove or relocate*
overhead f aci lities
E. If applIcant is, proposing to, install,
evidence that surplus, space is available for locating its
telecommunications facilities on existing utility poles
along the proposed route.
is propos' n underground installation in..
Fo If applicant 1 ng a 0
existing ducts or conduits within the public ways,
information in sufficient detail to identify:
(a) the excess capacity currently available in such
ducts or conduits before installation of-,
applicant's telecommunications facilities*
F
(b) the excess capacity, if any, that will exist in
such ducts or conduits after installation of
applicant's telecommunications facilities.
G* If applicant is proposing an underground installation
within new ducts or conduits to be constructed within the
public ways:
(a) the location proposed for the new ducts or
conduits*
r
(b) the excess capacity that will exist in such ducts
or conduits after installation of applicant's
telecommunications facilities*
H. A preliminary construction schedule and completion dates
� 13 December 8, 1995
A preli'minary traf f ic control, plan, in accordance with the
#I
IDOT 'Manual on for Tr,a,f,fic Coy trol 'Devices*
J. Financial statements prepared in accordance with generally
accepted accounting prind ples demonstrating the
applicant's cial abi 1*l*ty to con'structl operate,
finan
maintain, relocate and remove the facilities.
K. Information in sufficient detail to establish the
a 41
applicant's technical, qua,J ificat, 'ion, s exPerience, and
expertise regarding the telecommunications facilities and
services described iLn the a,PP ii,cat,liono
L,01 Information to establish that the applicant has obtained
all other governmental approvals and permits to construct
4,
and o' P erate the f acilit0 ies and to offer or provide the
tele commmuni,ications services
M. Whether the appl, icant intends to provide cabl,e service.F
video dialtone service or other video prograwnin,g service,
and sufficient information to determine whether such
service is subject to cable franchising.
N,* An accurate map showing the location of any existing
telecommunications facilities in the Village that applicant
intends to use or lease.
00 A description of the services or facilities that the
applicant will offer, or make available to the Village and
otherpublict educational and governmental institutions.
PO A description of applicant's access- and line extension
policies.
Q. The area or area of the Village the applicant desires to
serve and a schedule for build -out to the entire franchise
area.
R. All fees, deposits or charges required pursuant to Article
6 of this Title,9
S* Such other and further information as may be requested by
the Village Manager or his/her designee.
Section 69403o Determination by the Village* Within 150 days
06 #
a ter, rece, iving a complete, application under Section 6. 3 02. hereof
the, corporate author it ies sshall issue a written determination granting
# � , ply ing th,le f lollowing
or, de,,,n ing the application in who1e, or in part, ap,
sitandard,S. If appli,cation ,is denied,, the written, determination
shall include the reasons for denial*
..= 14 - December 8, 1995
A6 The financial and technical ability of the applicant..
B. The legal ability of the applicant.
C. The capacity of the pu,b,l ic ways to accommodate the
applicant's proposed facilities.
D The capac ity of the public ways to accommodate additional
utility and telecommunications facilities if the franchise
is granted.
E The damage or disruption, if any,, of public or private
facilities, improvements, service, travel or landscaping if
the franchise is granted.
F. The public ,*Interest in minimizing the cost and disruption
of construction, within the public ways.
G* The service that applicant will provide to the community
and region.
H. The effect, if any, on public health, safety and welfare if
the franchise requested is granted.
I* The availability of alternate routes and/or locations for
the proposed facilities.
J. Applicable federal and state telecommunications laws,
regulations-zand policies.
K* Such other factors as may demonstrate that the grant to use
the public ways will serve the community interest.
Section 6.404* Agreement: No franchise shall be granted
hereunder unless the applicant and the Village have executed a written
agreement setting forth the particular terms and provisions, under
which the franchise to occupy and use public ways of the V il-lage will
be granted.
Section 6*405o Nonexclusive Grant: No franchise granted under
this Article shall confer any exclusive right, privilege, license or
franchise to occupy or use the public ways of the Village for delivery
of telecommunications services or any other purposes.
Section 6e406o Term of Grant: Unless otherwise specified in a
franchise agreement, a telecommunications franchise granted hereunder
shall be valid for a term of ten (l o) years.
Section 6.407. Rights Granted: No franchise granted under this
Article shall convey any right, title or interest in the public ways,
but shall be deemed a franchise only to use and occupy the public ways
- 15 - December 8, 1995
for the limitedpurposes and term stated in the grant. Further, no
franchise shall be construed as any warranty of title*
section 6.408. Franchise Territory: A telecommunicat ions
M 4,
franc ase granted 'under this Arti, cle shall be lim-ited 'to the specific
geographic area of the Village to be served, by the franchise, grantee,
0 h areas
and the spec if is pub,l ic ways necessary 'to serve suc
Section 6.409. Location of Facilities: Unless otherwise
specified in a franchise agreement, all facilities shall be
constructed, installed and located in accordance with the following
terms and conditions:
A. Telecommunications facilities shall be installed within an
existing underground duct or conduiit whenever excess
capacity exists within such utility facility,
B. A franchisee with permission to install overhead facilities
shall install its telecommunications facilities on pole
attachments to existing utility poles only, and then only
if surplus space is available.
C. Whenever any existing electric utilities, cable facilities
or telecommunications facilities are located underground
within apublic way of the Villagel, a franchisee with
permission, tooccupy the same public way must also locate
- A - 10, 1
its tele,communications tacilitles, underground.,
E. Whenever new telecommunications facilities will exhaust the
capacity of a public street or utility easement to
reasonably accommodate future telecommunications carriers
or facilities, the grantee shall provide additional ducts,
conduitsl manholes and of facilities for
nondiscriminatory access to future carriers*
Section 6-a410* Construction Permits: All f ranchis 0 ees arl
required, to obital"'n, Construction permits for telecommunication
r
facilities, as required in Article 7 of this Title provided, however
I 'the Village and
that, nothing in 'this Article shall, prohibit
franc'hisee from, agreeing to a1t,,ernatave plan, review, permit an
id,ed, suc
construction procedures in, a franchise agreement,r provl,
� 1 6 - December 8, 1995
alternat i've procedures provide substantially equivalent safeguards .fuards for
responsible, construction pract *ices
Section 6*412o Nondiscrimination: A franchisee shall make its
telecommunications services,, available to any customer w, ith *in, its
franchise area who shall request such service, without discrimination
# ,j * 16
as to the terms , cond,i,tions,, rates or charges for grantee I s sery "ices ,
4, 't a
• nothing in this Article shall pro hlbi
provilded, howevert that noth,"'
f ranch isee. from making any reasonable class if ications among
differently situated customers.
Sectilon 6*413* Service to the Village: A franchisee shall make
its telecommunications services available to the Village at its most
favorable rate for similarly situated users, unless otherwise provided
in a license or franchise agreement*
Section 6*414o Amendment of Grant:
'J" 4,
A, A new f ranchise, appi-icat ion and grant shall be required of
any te,,lec,o�mmun,,"ic,a,too ns carrier that desires to extend its
franchise territory or to locate its telecommunications
facil•ities in public ways of the Village which are not
included in a franchise previously granted under this
Title..
B,o If ordered by the Village, to locate or relocate its
P,
tolecommunicat ions f acil ities in public ways not*Included
in a previously granted franchiser the Village shall grant
a franchise amendment without further application.
Section 6*415* Renewal Applications: A grantee that desires
to renew its franchise under this Article shall, not more than 240
days nor less, than 150 days, before expi"'ration of the, current
franchise,, file an application with, the Village for renewal of its
franchise which shall include the following information;
A. The information required pursuant to Section 6.402. of this
Article,
B Any information required pursuant to the franchise
agreement between the Village and the grantee,.
Section 6e416* Renewal Determinations: Within 150 days after
receiving a complete application under Section 6.415. hereof, the
corporate authorities shall issue a written determination granting or
..1& 17 - December 8, 1995
a I part, apply,itng the
denying the renewal application in whole or in ,
following standards. if the renewal application is den1
, "ed the
written determination shall include the reasons for non -renewal.
A. The financial and technical ability of the
applicant,
B. The legal ability of the applicant.
C. The continuing capacity of the public ways to
accommodate the applicant's existing facilities*
-4 # of this
D, The ap, L,icant I s coP 11 "lance with the requirements
,P -W
Title and, the francnise, agr, t,
E. Applicable federalf state and local telecommunications
laws l.
,, rules and polic' es
F, Such other factors as may demonstrate that the continued
grant to use the public ways will serve the community
interest.
Section 6*417o obligation to Cure As a Condition of Renewal:
No franchise shall be renewed until any, ongoing v.2--o'lations or defaults
in the grantee's perforilmanIce of the tranchise agreement, or of the
reV, I irements, of thi's IT,ltle,, have been,, cured., or a, plan detaillng the
corrective aict 'Ion to be, taken by the grantee, has been approved by the.
Village.,
- 18 - December 8, 1995
ARTICLE 5: CABLE TELEVISION FRANCHISING
INSERT FORMER CHAPTER C -, CABLE COMMUNICATIONS CODE
q~ 19 - December 8, 1995
ARTICLE 6: FEES AND COMPENSATION
Section 6*601* Purpose: it 'is the pur,piose of this Article to
d, "'nd" ect costs
provi, ide for the payment and reco�very�� of all dilrect an i ir
* '1 0 the enforcement and
and expenses of the Vi, lage related t
admini'stration of thiS T1tle,,6
Section 69602o •Application,and Review Fee:
A* Any applicant for a license or franchise pursuant to
Articles 3 or 4 of this Title shall pay a fee of
I ($ ) or
percent of'the estimated cost of applicant's proposed
telecommunications facilities, as certified by the
applicant's professional engineer, whichever is greater.
B. The application and review fee shall be deposited with the
Village as part of the appla-catlon filed pursuant to
J,
Article 3 or Article 4 of this, Title.
C An applicant whose 1 icense or franchise application has
been withdrawn, abandoned or denied shall, within sixty
(60) days of its appi,ication and review fee written
request, be refunded the balance of its deposit under this
section, less:
(a) ($ and
'I I*
(b) All ascertainable c,osts and expenses 1,ncurrea b
0,
the Village in connectilon with the applicatione
Section 6*603* other Village Costs* All license or franchise
grantees shall, w, ithin thirty (30) days after * 'wr2-tten demand theref or,
reimburse the Village f or all direct and indirect costs and expenses
incurred by the Village in connection with any modificationr
amendment, renewal or transfer of the license or franchise or any
license or franchise agreements
AW
Ab lot.
0 a Ab 0, 0 0 40
Section 69605e compensation for Village Property If the right
icense I , and
is granted by lease, 1- fr&nchiise or other manner,, to use
11 i 0 tj
tel com ca ions
oCcU V*llage, Property for*Installation of e
PY I I * i * llage.
facilitiest the compensation 'to be paid shall be fi,xeld by the Vi
Section 6e6069 Construction Permit Fee: Prior to issuance of a
construction permitl the permittee shall pay a permit fee equal to
- 20 - December 8, 1995
Dollars ($ ) or -- I percent (—%) of the
estimated cost of constructing the to facilities, as
certified by the applicant's engineer and approved by the Village,
whichever is greater'*
Section 6.+607. Annual Fees: Unless otherwise agreed in a license
or franchiseg rant agreement, each license or franchise grantee shall
pay an annual license fee to the Village equal to
as reimbursement for the Village's costs
in connection with reviewing i inspecting and supervising the use and
occupancy of the public ways in behalf of the public and existing or
future users4P
Section 6*608o Cable Fees: Cable television franchisees shall
be subject to the franchise feesf payments and costs provided in
Article 5 of this Title,.
Section 6*609a Regulatory Fees and Compensation Not a Tax: The
regulatory fees and costs provided for in,, this Article, and any
4
ubl, �ded for in
compensation charged and paid for 'the, P ic ways provi
d addi, to, any,
Section 6.4 of thAr
is ticle, are separate, from, antional
and all federal f state, local and village, taxes as may, be, levied,
imposed or due fro: r, a telecommunications carrier or proviaer, its
customers or subscribers, or on account of the lease, sale, delivery
or transmission of telecommunications services.
ARTICLE 7: CONDITIONS OF GRANT
Section 6*70le Location of Facilities: All facilities shall be
constructed, installed and located in accordance with the following -
terms and conditions, unless otherwise specified in a license or
0
franchise agreemente
A. A grantee shall install its telecommunications facilities
within an existing underground duct or conduit whenever
excess capacity exists within such utility facility*
Be A grantee with permission to install overhead facilities
shall install its telecommunications facilities on pole
attachments to existing utility poles only, and then only
if surplus space is available.
C Whenever any existing electric utilities, cable facilities
or telecommunications facilities are located underground
within a public way of the Village, a grantee with
permission to occupy the same public way must also locate
its telecommunications facilities underground.
D. Whenever any new or existing electric utilities, cable
facilities or telecommunications facilities are located or
� 21 - December 8, 1995
a 2
relocated underground within a public way of the Village,
a grantee that currently occupies the same public way shall
relocate its fac.3-litles underground within a reasonable
4 w, ich shall, not be later than the end of
d, o�f time
perio
the grant term,w Absent extraordinary c, ircumstances or
undue hardsh ip as determ, ined by the V ILI lage, such
0 # 0
relocation shall be made concurrently to mainimize, the
disruption of the public ways*
9
E,,v Whenever new telecommunications facilities will exhaust the
* 1 `ty easement to
"ty of a 'public street or uti I
capaci, * cations carriers
reasonably accommodate f uture telecommuni
or faciest the,, grantee sh,all provide additional ducts,
conduits, manholes and otheir facilities for
nondiscriminatoryaccess to 'future carrierso,
Section 69702-o Compliance with JoUeLoIoEe: All license or
franchise grantees shall, before commencing any construction in the
0
public ways, comply with, all 'regulations of J-U.L.`j',*,'Eo
section 6o703- Construction Permits: All license or franchise
grantees are required to obtain construction permits for
# 0 4 4
telecommunications facilities as required in Article 8 of this 'Title.,
However, nothing ,*in this Artie shall prohib it 'the Village and,, a
grantee, from agree,ing to alternalt ive 'plan review r,m " t and,
p, e 1
ded,
construrction, procedures in a license or franchise ag,reementi, provi
0
such alternative procedures provide substantially equivalent
safeguards for responsible construction practices.
Section 6o704e Interference with the Public Ways: No license or
f ranchl'se rantee may locate or maintain its telecommunications
0 & 4 bily interfere with the use of the public
faci-litties so as, to 1 " or by other persons
ways by, the V1,11ager by 'the general pub ic
Itsuch
author ized to 'use or be present in, or u on 'the public waiys,# All
p Uy or permanently,
facilities shall be moved b the grantee,, t,emporari
determined by the Village
asO
0
IF AIL
aL
•
ir and Emergency Work: In the event of a
'Section 6111111,707-e RepaI#1 0
0 gency, a grantee may commence such repair an
unexpected repair or emer
- 22 - December 8, 1995
emergency response work as required under the circumstances, provided
the Grantee shall notify the Village as promptly as possible, before
such repair or emergency work or as soon thereafter as possible if
advance notice is not practicable*
Section 6.708. Maintenance of Facilities: Each license or
franchise grantee shall maintain its facilities in good and safe
condition and in a manner that complies with all applicable federal,
state and local requirements.
Section 6,o709,a Relocation or Removal of Facilities: Within
thirty (30) days following written notice from the Village,, a, license
or franchise grantee shall, at its own expense, temporarily or
permanently remove, relocate, change or a the position of any
telecommunicatio'ns facilities within the public ways whenever the
corporate authorities shall have determined that such removal,
relocation, change or alteration is reasona,bly necessary for:
A. The construction, repair, maintenance or installation of
any Village or other public improvement in or upon the
public ways.
B. The operations of the Village or other governmental entity
in or upon the public ways.
Section 6.7 l0. Removal of Unauthorized Facilities: Within thirty
(30) days following written notice from the Village,, any grantee,
telecommunications carrier, or other person that owns, controls or
maintains any unauthorized telecommunications system, facility or
related at
appurtenances within the public ways of the Village sha,,
I # 4ll
, IN,
its own expens,e,, remove such facilit'les or appurtenances from the
I
public ways of the Village. A telecommunications, system or, facility
is unauthorized and subject to removal in the following circumstances:
A. Upon expiration or termination of the grantee's
telecommunications license or franchise.
B,v Upon abandonment of a facility within the public ways of
the Village.,
C, If the system or facility was constructed or installed
without the prior grant of a telecommunications license or
franchise.
11
D. If the system or facility was constructed or installed
without the prior issuance of a, required construction
permit.
E. If the system or facility was constructed or installed at
a location not permitted by the grantee's
telecommunications license or franchise.
- 23 -- December 9, 1995
Section 6e7lle Emergency Removal or Relocation of Facilities:
The V 1*11age, retains the right and pr.1vi,iege to cut or move any
0 A
telecommunications facilities located within the public ways of the
Village,, as the Village may determine to be necessary, ap, pr�opriate or
useful in response to any public health or safety emergency*
Section 6e712e Damage to Grantee's Facilities: Unless directly
and proximately caused by the wilful, intentional or malicious acts
by the Village, the Village shall not be liable for any damage to or
loss of any teles ommunicat "ions facility within the public ways of the
Village as a result of or in connect # ion, with any public works, public
improvements, construction, excavation, grading, filling, or work of
any kind in the public ways by or on behalf of the Village.
Section 6.713* Restoration of Public Ways, other Ways ani
Village Property4v
A. When a license or franchise grantee, or any person actin,
its behalf',i does arry work in or af f ecting any Publi
Ways,, Other Ways or 'Village Property,, ifit, shall, at its, ow
expense promptly remove, any obstructions therefrom an'
restore such ways or property to as good, a conditlon a
existed bef ore the work, was undertaken, unlessi othilerwis
directed by the Villages
B. If weather or other conditions do not permit the complete
restoration required by this Section, the grantee shall
temporarily restore the affected ways or property. Such
temporary restoration shall be at the Licensee's sole
expense and the Licensee shall promptly undertake and
complete the required permanent restoration when the
weather or other conditions no longer prevent such
permanent restorations
C. A grantee or other person acting in its behalf shall use
suitable barricades, flags, flagmen, lights, flares and
other measures as required for the safety of all members of
1, *
the general public and to prevent in3ury or damage to any
person, vehicle or property by reason of such work in or
affecting such ways or property.
Section 6e714,w Facilities 14aps: Each license or franchise
grantee shall provide the Village with an accurate map or maps
certifying the location of all telecommunicat ions f ac ilities within
the public ways. Each grantee shall provide updated maps annually.
Section 6*715o Duty to Provide Information: Within ten (10)
days of a written request from the Villa ,each license or franchise
grantee shall furnish the Village with, information sufficient, to
demonstrate:
� 24 - December 8, 1995
A. Thatgrantee has complied with all requirements of this
Title..
B. That all municipal sales,, message and,/or telecommuni cations
IN,
V * llaqe conne,cti on, with the
taxes due the 1,
tel, e,co m,mun,,"1,ca'r..'l*,ons services and, facilities provided by the
grantee have been properly collected and paid by the
grantee.
C, All books, recordst maps and other documents, maintained by
01
the grantee with se i
ct to, ts f 1, aci,lities within the
publiLc ways, shall 'be, made available for, inspection by the
'N' IN
Village at reasonable times and intervals#
0 0,
Sectlon 6*716o Leased Capacity* A license or franchise grantee
shall have the, right,, without prior Village approva'llf to offer or
provide, capacity or 'bandwidth, to is customers; provided:
A. Grantee shall furnish the Village with a copy of any such
lease or agreement* I
B. The customer or lessee has complied, to the extent
applicablef with the requirements of this Titles
Section 6e717e Grantee Insurance: Unless otherwise provided in
a, license or franchise agreement, each grantee shall, as a condition
of the grant, secure and maintain the following liability insurance,
6 4 Village and its elected
poli*,cies insuring tee
both the, gran, and the Vi
�%
and appo inted, of fisi
ers of f ,cial.s agents and employees as coin pure ds:
A. Comprehensive general liability insurance with limits not
less than
(a) Five Million Dollars ($51000r000) for bodily
injury or death to each person;
' for property
(b) Five Million, Dollars ($5,000r000),
damage resulting from any one accident; andf
(c) Five Million Dollars ($5rOOOrOOO) for all other
types of liability.
B., Automobile liability for owned, non -owned and hired
vehicles with a limit of Three Million Dollars ($3,000,000)
for each person and Three Million Dollars ($3,000,000) for
each accidents
C Worker's compensation within statutory limits and
employer"s liability insurance with limits of not less than
One Million Dollars ($1,000,000)
- 25 - December 8, 1995
"It is hereby understood and agreed that
this policy may not be cancelled nor the
intention not to renew be stated until 90
days after receipt by the Village, by
registered mailt of a written notice
addressed to the Communications
Administrator of such intent to cancel or
not to renew."
F, Within sixt(60) day's af
y ter
'receipt b t,h,e Village of said
y
notice, and in, no event later than th,irty (30) days prior
to said cancellatt"i grantee shall obtain and furnish
to the requirements of this Sections
AIA
A,
Ab
All
Section 6e719* Performance and Construction Surety: Before a
license or franchise granted pursuant to this Title is effective, and
'the grantee sha,11 provide and, de: 0, h
as necessary theyftpos''It suc
mon,les, bondst letters of' credit or other instrum-ents i form and
"llage as may 'be required by this Title
substance acceptable to the Vi
or by an applicable license or franchise agreements
...* 26 -- December 8, 1995
"ty o72cFund: Each grantee shall establish a
•
Sectin 6*0* Seurl
permanent, security fund, with the 'Village by depositing the amount of
$50,,,000 with the, Village'in, ca,shl, an 'unconditional,, letter of credit,
or other *Instrument acceptable to the Village, which fund shall be
maintained at the sole expense of grantee so long as any ofgrantee's
telecommunications facilities are located within the public ways of
the Village*
A The fund shall serve as security for the full and complete
perf ormance of this Title,, includ i"ng any, c expenses
damages or loss the Village pays or incurs, because of any
with the
failure attributable to the grantee to comply 1
codes ordinances rule regulations or permi�ts of' the
Village.
B. Before any sums are withdrawn from the secur, i, t,y fund,, the
Village shall give writ , notice to the grantee:
a.. describing the act, default or failure to be
remed,lied, or, the, damages,, cost or expenses which
t. e, Village has, incurred by reason of grantee's
act or default;
b providing a reasonable opportunity for grantee to
first remedy the, existing or ongoing defau, lt or
failure, if applicable;
iy or gr
C. provitting a reasonable opportun, tfantee to
aonied e ue the v illag bef ore the Village
py, any ms,
withdraws the amount thereof f r,o,m the security
i
fund, if applicable;
d, that the grantee w ill, be g iven an opportun ity to
4 4, ed in
review the act,,, default or fa1 ,"lure descri,jo
d a M,
the not,ice with the Village Manager or, his
designee.
CO Grantees shall replenish the security fund within fourteen
(14) days, after written notic e from the Village that there
is a deficiency in the amount of the fund.
Section 6*721* Construction and Completion Bond: Unless
otherwiseprovided in a license or franchise agreementr a pefae
rormnc
bond written by a corporate surety acceptable to the Village equal to
4,
IN constructing grantee's
at least 100% of the est,imated, cost •of
telecommunications facilities within the public ways of the Village
shall be deposited before construction is commenced*
i
A. The construction bond shall remain n force until sixty
(6 q) days after substantial completion of. the w,o,rkr as
determined by the V,illaqe, includinq restoration I ol # f public
ways and other property affected, by, the constructi,ono
- 27 - December 8, 1995
B. The construction bond shall guarantee, to the satisfaction
of the Village:
a, timely completion of construction;
b* construction in compliance with applicable plans,
permits, technical codes and standards*
C,proper location of the facilities as specified by
the Village;
d, restoration of the public ways and other property
affected by the construction;
e, the submission of "as -built" drawings after
completion of the work as required by this Title,
f, timely payment and satisfaction of all claims,
demands or liens for labor, material or services
provided in connection with the work.
Section 69722* Coordination of Construction Activities: All
grantees are required to cooperate with the Village and with each
other.
A. By February 1 of each year, grantees shal,l, provide the
Village with a schedule of their proposed construction,
activities in, around or that may affect the public ways.
B,, Each grantee shall meet with the Village, other grantees
and users of 'the ublic ways annually or as determined by
P 6,
the Village to schedule,, and coordinate construction in the
public ways.
Of t
C All construction locations, ac. 1 1 les, and, schedules shad
0
be coop .1, 'nated, as ordered by the Village Engineerr to
'
isruptn or damages9
fc onave mi d io
minimize, Public "n nee .
Ak,
A. No grant shall be assigned or transferred in any manner
within twelve (12) months after the initial grant of the
license or franchise, unless otherwise provided in a
license or franchise agreement.
- 28 - December 8, 1995
B* Absent extraordinary and unforeseeable circumstances, no
grant , system or*integral part of a system shall be
assigned or transferred before construction of the
telecommunications system has been completed.
C Grantee and, the proposed, ass i,gnee or transf er "' ee of the
grant or system shall provide and certify the' following
information to, the Village not less than one h undred, and
fifty (150) days prior to the proposed date of transfer:
a, complete information setting forth the nature,
terms and condition of the proposed transfer or
assignment*
b, All information required of a tele,co mmun.cations
license or franchise applicant pursuant Ar .cies
3 or 4 of this Title with re,spect, to the, roposed
P
transferee or assignee;
C. Any other information reasonably required by the
Village.
D. No transfer shall be approved unless, the, assignee or
transferee has the legal,, technicall, financial and other
'lia
reite
* q `f 'cations to own,, hold, and operate the
qu,,i,s , , 11, 1
telecommunications system pursuant to this Title.
E. Unless otherwise provided in a license or franchise
agreement, the grantee shall reimburse the 'Village, for all
di*,rlect and indirect fees,,, costst and expenses reasonably
the , * dering, a request to
incurred by thVillage in consi, "
transfer or assign a teleco mmunicat, "ions 1 # i,cense or
franchise-.
F. Any transfer or assignment of a telecommunications grant,
system or integral part of a system without prior approval
of the Village under this Section or pursuant, to a license
or franchise agreement shall be void and is cause for
revocation of the grant.
Section 6*724* Transact ions Affecting Control of Grant: Any
transactions which singularly or collectively result in a change of
ten percent (10%) or more of the own ershi*p or working control, of the
grantee, of the ownership or working control of a telecommuni,car.... ions
license or franchise, of the ownership or working control of
(1, MI , ph % 4,
of fillated, enti, ties Navin ownershJLP or work ing control of the, grantee
6 1
or of' a, telecommun icat,ions system,, or of control,, of the, capacity or
a,
cati,on system,,,, facill"ties or
"bandmidth of grantee's telecommuni
substantialp arts thereof , shall be considered an assignment or
[01
transfer requiring Village approval pursuant to Section 6,723. hereof.
Transactions between affiliated entities are not exempt from Village
approval.
- 29 - December 8, 1995
a
Section 6*725o Revocation or Termination of Grant: A license or
franchise granted by the Village to use or occupy public ways of the
Village may be revoked for the following reasons*
A. Construction or operation in the Village or in the public
ways of the Village without a license or franchise grant of
authorization*
B. Construction or operation at an unauthorized locations
C, Unauthorized substantial transfer of control of the
grantees
D. Unauthorized assignment of a license or franchise.
Ew Unauthorized sale, assignment or transfer of grantee's
franchise or license assets, or a substantial interest
therein.
F. Misrepresentation or lack of candor by or on behalf of a
grantee in any application to the Village.
G. Abandonment of telecommunications facilities in the public
ways.
H. Failure to relocate or remove facilities as required in
this Title*
I. Failure to pay taxes, compensation, fees or costs when and
as due the Villages
T, -
is Insolvency or bankruptcy of the grantee*
K. Violation of material provisions of this Title,
L. Violation of the material terms of a license or franchise
agreements,
W I'm
lope
A. That corrective action has been, or is being actively and
expeditiously pursued, to remedy the v,iolat ion or
noncompliance*
B. That rebuts the alleged violation or noncompliance.
-m" 3 0 - December 8, 1995
C. That it would be in the public interest to impose some
penalty or sanction less than revocations
dr
41P
A. Whether the misconduct was egregious.
B. Whether substantial harm resulted*
C. Whether the violation was intentional.
D. Whether there is a history of prior violations of the same
or other requirements*
11
E. Whether there is a history of overall compliance -0
F, Whether the violation was voluntarily disclosed, admitted
or cured.
ARTICLE 8: CONSTRUCTION STANDARDS
Section 6sa0lo General: No person shall commence or continue
scat 'j. ions #n mm,
with the construction, installatA on or aper tic of telecouni
faci'lities within the Village except as provided in this, Article.
Section 6*802a Construction Codes: Telecommunications facilities
shall be constructed, installed, operated and maintained in accordance
with all applicable federal, state and local codes, rules and
6
regulations includa, ng the National Electrical Safety Code*
Section 6*803* Construction Permits: No person shall construct
or install any telecommunications facilities within the Village
without first obtaining a construction permit therefore, provided,
however:
A* No permit shall be issued for the construction or
installation of telecommunications facilities within the
Village unless the telecommunications carrier has filed a
� 31 - December 8, 1995
registration statement with the Village pursuant to Article
2 of this TitleO
it shall be issued �f or the, constructiLon, ol.
B. No perm
'ties in the pub1i
installation of telecommunications facill,
ier has ap,plied foa
ways unless the telecommunications carr'
4
and received a license or franch,ise pursuant to'Articles, 3,
4 or 5 of this Titles I
the, construct 'ion o
C No permit shall be Issued f or
# ithou
ions C ilities W11
installation of teliecommunicat * f a
payment of 'the construction per ,i*t fee established 16
Section 6#606islof thl,S Title's I
perm "Its to
section 6.8,04* Applications: Ap ions, f or
, plicat,*
1 ns l ie
construct telecommunlicat acilit ies shal b submitted upon forms
to be provided by the Village and shall be accompanied by drawings
P lans and s, icaitions in sufficient detail to demonstrate;
pecif
A. That the facilities will be constructed in accordance with
all applicable codes, rules and regulations,
B. The location and route of all facilities to be installed on
existing utility poles.
C. The location and route of all facilities to be located
under the surface of the, groundincluding ncluding the line and,
grade proposed, for the burial at, all points along the route
which are, within the public wayso
D. The location of all existing underground utilities,
conduits, ducts, pipes, mains and installations which are_
withinthepublic ways along the underground route proposed
by the applicant*
E. The location of all other facilities to be constructed
within thd Village, but not within the public ways,
F. The construction methods to be employed for protection of
existing structuress,r� fixtures, and facilities wit'hin, or
adjacent to the public ways#
1 0 " th,*
G. The location, dimension and ty e, of all trees wi in or
,P IS
ad went to the public ways a1ong the route proposed ',by the
tect ing
applicant, together with a landscape, plan 6 f or, I pro or
Lng f ing a
tr i'Lam ing remov rep n,d, restoring any trees
areas to be disturbed during constructions
pp,11,cations
Section 6#805* Engl#neer0s CertIfIcat'ilon.1k All, perm,it, a,
shall be accomp I a,mied,', by the certif,ication o I f a registered, prof essional
ubmitted with
engineer, that, the drawingst plans and specif"211.1cations s
— 32 — December 8, 1995
the application comply with applicable technical codes, rules and
regulations.
Section 6e806e Traffic Control Plan: All permit applications
which involve work on, in, under, across or along any public ways
shall be accompanied by a traffic control plan,, demon stratin g, the -
protective measures and devices that will be em,ployedl, consistent with
Uniform Manual of Traffic Control Dev1"ces, tore'vent,, injury or damage
P` 'Ap# # 0
to ,e ,ons or property and to minxm,ize disruptiLons to ef f ic,le,nt
pedestrian and vehi'cu,lar traffic.
Section 6*807* Issuance of Permit: Within forty-five (4 5) days
after submission of all plans and documents required of the applicant
andpayment of the permit fees required by this Title,, the
# if satisfied that the applications,
Communications Adml,nistratorr
plans and document comply with all requirements of this Title,-Qshall
issue a permit authorizing construction of the facilities, subject to
such further conditions,, restrict "ions or regulations affecting the
time, place and manner of performing the work as he/she may deem
necessary or appropriate.
Section 6o808* Construction Schedule: The permittee shall submit
a written construction schedule to the Communications Administrator
a work in or about the
working, days before, commencing any
public ways4 The, permittee. shall further notify the Comm un at icions
Administr,ator of less 'than two, (2) working days in advance of any
excavation or work in the public ways.
Section 6*809* Compliance with Permit: All construction
practices and, activimaes shall be, in acc-or,dance, wl"th, the p,ernd't and,
# 10,
the,, facilit,ies,#, The,
approved final plans and, speciticationsi fori
t q#
Communications Administrator and hisjher riepresentatiLves, shall, be,
p*ded access to the work and such further information as he, or she
rovi
may require to ensure compliance with such requirementse
Section 6*810a Display of Permit: The permittee shall maintain
a copy of the construction permit and approved plans at the
construction site, which shall be displayed and made available for
ins cation by the Communications Administrator or his/her
representatives at all times when construction work is occurring.
Section 6*81le Survey of Underground Facilities: If the
construction permit specifies the location of facilities by depth,
line grade, proximity to other, fac i1ities, or other, standard, the
f 0 � 4
permittee shall cause the location of such facilities to be veritied
6'.
by a registered Illinois land sur,veyoro, The permittee shall relocate
4) �ft * " P, i
any facilities which are not located, in compia,anc,e wi,th ermt
requirements.
seict ion 6., 8 12. Noncomplying 'Work: Upon order of the
Commun, icat ions Administratorr all work which does not comply with the
— 33 — December 8, 1995
#- � • ## W, I • a
a W
IP•
Ah
Section 6.816, Landscape Restoration:
A. A l 1 trees landscaping and grounds removedl damaged or
disturbed, as a result of the construction, installation.
maintenance, repair or replacement of telecommunications
facilities, whether such work is done pursuant to a
franchise, license, per -nit replaced or restored as nearly
as may be practicable, to the condition existing prior to
performance of work.
B All restoration work wn the public ways shall be done
is accordance with landscape plans approved by the Village.
Section 6e8179 Construction Surety: Prior to issuance of a
construction permit, the permittee shall provide a performance bond,
as provided in Section 6.721 of this Title.
Section 6,818e Exceptions: Unless otherwise provided in a
license or franchise agreement, all telecommunications carriers are
subject to the requirements of this Article 8.
Sect WI '- 0'
Ion 6, Respons, ILb *11 ity of Owner* The owner of the
f ac il i'ti"es 'to be, - const� ucted and, if dif' 1
r ferent, the icense or
01, e,, are res, on *ble for performance of and co,14pliance
franchise granteP s i
w ith all proons of this Articleo
i
C: \,WPW"11,,160\DAT',A\TE',LECOl,,Uvl\tlPt,4TO. DE"'T
- 34 - December 8, 1.995
999 OAKMONT PLAZA DRIVE, SUITE 400
WESTMONT, ILLINOIS 60559
TEL. (708) 203-2500
FAX (708) 203-2525
VIA FEDERAL EXPRESS
Everette M. Hill, Jr., Esq.
Arnstein & Lehr
120 South Riverside Plaza, Suite 1200
Chicago, IL 60606-3913
REO- Franchise Agreement between the Village of Mount Prospect ("the Village")
and Chicago Fiber Optic Corporation d/b/a Metropolitan Fiber Systems
of Chicago, Inc. ("MFS")
Dear Mr. Hill:,
Pursuant to our conversation earlier this week, enclosed please find a revised copy
of the above referenced Agreement. This draft incorporates all previously agreed to
redlined changes. Additional changes were made to Section 4(B) and Section 17 to
address the City's requested $7',500 cap on ascertainable costs and MFS'
commitment to comply with all subsequently adopted ordinances which are applied
in a non-discriminatory manner.
As we discussed, MFS respectfully requests that this Agreement be presented to
the Village Board for approval on December 5, 1995. MFS also requests that the
First Reading be waived, so that that if this Agreement is approved on December
5th, it can become effective immediately.
Please call me upon receipt of this package to confirm our place on the December
5th meeting agenda. Thank you for your cooperation with this matter.
elor)ment
Enclosure
CC, N. Abu -Omar
L. Refer
DY AND BETWEEN
10 Mel plLyl 1 • 1 i r
r
CHICAGO OPTIC
METROPOLITAN FIBER SYSTEMS OF CHICAGO,INC.
DATED
9s
"1
'NgtM!CLU"SIVE'TE,LEC�OMMUNIC�A1,LONS FRANCMSE AGREEN�
S AGREENffiNT is dated this day of 19951, and is by an
between the VILLAGE OF MOUNT PROSPECT, an Illinois home rule municipal corporation (the
III! lizefli, III
9
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth
herein and pursuant to the Village's home rule powers, the parties hereto agree as follows:
SEC.T. LDN 1 1. RECITALS
A. MFS is engaged in the business of designing, selling, constructing, installing,
maintaining and operating a digital, fiber optic based alternative access telecommunications system.
B. The parties have successfully negotiated all of the terms and conditions of a
nonexclusive irrevocable telecommunications franchisel which are set forth in this Agreement.
C. The Corporate Authorities, as hereinafter defined, after due and careful consideratiod
have concluded that granting a nonexclusive telecommunications franchise to MFS pursuant to and
in accordance With this Agreement would be in the best interests of the Village and its residents.
I �
W
1. Word Use. When not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular number, and words in the singular
11/30/95 1
number include the plural number. The words "shall" or "will" are always mandatory and not merely
directory, and the word "may" is permissive.
2. Conflitch"'.r rins.
a. In no event shall prior drafts of this Agreement be used, considered or relied
upon in interpreting or construing any provision of this Agreement.
b. The headings and captions contained in this Agreement are to facilitate
reference only, and shall not in any way affect the construction or interpretation.
B.. Whenever used in this Agreement, the following j2dinnigns,01", 9 terms shall have the
following meanings unless a different meaning is required by the context:
1. 'fAltemative Access": The provision of dedicated, high capacity, digital service
between two points on ap,redominate lly'', fiber optic network. Also sometimes referred to as circuit
of Service.
2. "Co-wrateAuthOn'ties": The President and Board of Trustees of the Village.
3. "Eff ctive ell
kDat The date of this Agreement as set forth on the first page of
this Agreement, which date shall be used for reference and all other purposes.
4. Ta, ac ilities": The individual parts that together make the Telecommunications
System fully operational for the purposes set forth in this Agreement, including, without limitation,
all cables conduits, access manholes, pedestals, boxes, equipment, devices and other appurtenances.
Ill i
5. FnaJ Plans a,ndl,lllll,lllll,Slp,e�ci,,fi,,,cat, ions
Those certain plans and specifications
for the Telecommunications System approved by the Village Engineer pursuant to Section 6 of this
Agreement.
11/30/95 2
6. "Franchise" -- The nonexclusive revocable license granted to NES in this
...................................
Agreement, to use certain Public Ways within the Franchise Area for the purposes of constructing,
installing, using, maintaining, testing, inspecting, operating, repairing and removing the
Telecommunications System pursuant to and in accordance with this Agreement.
7. "'Franchise Area": That certain geographic area of the Village that is within
those certain Public Ways shown as a "proposed route" or "future route" on the plan labeled MF S
"Franchise Area" — Mount Prospect, is dated 1995 consisting of one sheet,
attached hereto as Exhibit A and made a part of this Agreement by this reference.
8. "Franchise Fee": The fee required to be paid pursuant to Section 4 of this
Agreement in consideration for the Franchise.
9. "GoverrimentalAuthod3C The United States of America, the State of Illinois
and any political subdivision thereof, including, without limitation, the Village, and any agency,
department, commission, board, bureau or other instrumentality of any of them that has jurisdiction
over the Telecommunications System or any property over, under, above or along which the
Telecommunications System shall be installed.
10. "'Gross Revenue": All of the revenue, as determined in accordance with
generally accepted accounting principles, that is derived from or in conjunction with the operation
of the Telecommunications System in the Village, including, without limitation, all revenue received
for the provision of Service, installation, reconnection, sale of products, and the imputed value of free
Service and the value of all goods and services received by MF S in exchange for the Service;
provided, however, that no billings shall be imputed related Services which may be provided to the
Village.
11/30/95 3
11. "Index"': The "Consumer Price Index -U.S. City Average; For Urban Wage
I
Earners and Clerical Workers,, All Items 1982-84-100", prepared by the U.S. Department of Labor,
Bureau of Labor Statistics, or, if said index is not then being published, the successor or the most
nearly comparable successor index thereto.
12. "Permits": All approvals, consents, permits, licenses, easements and
11 ^
authorizations required to be obtained from all Governmental Authorities and Persons'. in connection
with the Telecommunications Systems, including those needed to obtain access to or use of any real
UMMO
0. "Person"": Any natural person, or any association, firm, partnership, joint
venture,, corporation, or other legally recognized entity or organization, whether for profit or
not-for-profit, excluding Governmental Authorities.
4,
14. "Freimnni
?a Hans, and, apg! Lificatgn
_s,]J : Those certain plans and specifications
for the Telecommunications System submitted by NUS to the Village Engineer pursuant to Section
6 of this Agreement.
i 0
15. "Products": All equipment, instruments, parts,, accessories and other goods
offered by WS in connection with or otherwise relating to the Service.
16. ""Public We: A public street, highway, lane, path, alley, sidewalk, boulevard,
drive, utility easement or other public rights-of-way now or hereafter owned by the Village or in
which the Village has a possessory interest, and in which the Village has the right to grant to WS
the rights and interests granted in this Agreement.
17.e"- The provision or offering of telecommunications service (either
11 .!PM.I.,"U9111,...
directly or as a carrier for others) to Persons by means of the Telecommunications System.
11/30/95
18. III ei,ecommiu,,,m*',,,cati",ons, System": The telecommunications network to be
constructed and installed by WS pursuant to and in accordance with this Agreement, including,
without limitation, all cables, conduits, access manholes, equipment, devices and appurtenances to
be used by Nff S to make the network fully operational, for the purposes of transmitting, receiving
and distributing telecommunications and other information, including, without limitation, voice, data,
video, facsimile, alarm and meter reading signals and other forms of communications.
A. Grant, of Franc . The Village hereby grants to NV the Franchise to use only those
certain Public Ways within the Franchise Area that are specifically shown on Exhibit A as a "proposed
route" or "future route", for the purposes of constructing, installing, using, maintaining, testing,
a M
inspecting, operating, repairing and removing the Telecommunications System.
B. ALCcentance of Franchise. WS hereby accepts the Franchise and agrees to strictly
comply with this Agreement.
C. eits and ADDrovals. This Agreement shall not take the place of any
Prnu
license, permit or approval that is, or may in the future be, required to be secured by WS from any
Governmental Authority or Person in order to:
1. install, use,, maintain, test, inspect, operate,, repair or remove the
Telecommunications System;
2. access, possess or otherwise use any real property; or
3. engage in, maintain, operate or carry on a business within the Village.
D. Eog�Wse'Ter m. The term of the Franchise shall begin on the Effective Date and shall
11/30/95 5
expire ten (10) years from the Effective Date, unless renewed or earlier terminated pursuant to this
I
Agreement.
E. Nonexclu,stvity gf, Ora d. Nothing contained in this Agreement shall prohibit the
Village from granting, to any other Person or Governmental Authority, a franchise similar to this one
to construct, install, maintain and operate a telecommunications system in the Village.
A. "LLnasceIrtain, gats,anll
.pen,ses,. NIFS shall pay to the Village on the Effective
low 6 1. yi
wr
111111
fair estimate of certain costs and expenses 'incurred by the Village in connection with the granting of
the Franchise, the precise amount of which are too difficult to ascertain.
Date all ascertainable costs and expenses incurred by the Village in connection with the granting of
the Franchise including, without limitation, legal fees for the drafting and negotiation of this
Agreement in an amount not to exceed Seven Thousand Five Hundred Dollars ($7,500) without
contest. The Village shall deliver to NIFS, as soon as reasonably possible after the Effective Date of
this Agreement, copies of all applicable invoices. WS shall reimburse the Village, within 30 days
after receipt of applicable invoices.
C. Franchise Fee.
1. Amount of Fee. In addition to all other fees and payments required under this
Agreement, including, without limitation, the fees and payments paid by NES pursuant to Subsections
4A and 4B of this Agreement,, the Village shall have the option in its sole discretion, at such time as
11/30/95 6
MFS begins to service customers in Mount Prospect to institute an annual Franchise Fee in the
amount that is the greater of (a) $3,000 or (b) the total of (i) three percent of the Gross Revenue
derived from all Services originating and terminating within the Village and (ii) three percent of a
prorated portion of the Gross Revenue derived from all WS subscribers' circuits of Service that
either (x) originate but do not terminate Within the Village, or (y) terminate but do not originate
within the Village. The proration shall be calculated annually as of December 31 for each MF S
subscriber's circuit of Service that is located within the Village by the total end-to-end mileage
amount of the NUS subscriber's circuit of Service.
2. D o . ent. Any annual Franchise Fee shall be paid annually not later
than 90 days following the conclusion of MF S's fiscal year. Each Franchise Fee payment shall be
accompanied by a report prepared in accordance with generally accepted accounting principles, in
sufficient detail to show the Gross Revenues') by service category, for the fiscal year just concluded,
and the basis for the computation and other relevant facts.
to be a tax and shall be in addition to any and all taxes, fees or charges that MF S shall be required to
pay to the Village or to any other Governmental Authority.
E.En,
, ennsz,,Review, Fee. MFS shall pay to the Village, inunediately upon presentation
of a written demand or demands therefor, all engineering fees in an amount equal to three and one-
half percent of the costs of any proposed construction on Public Ways of the Village, as such cost
is reasonably determined by the Village Engineer, as compensation to the Village for the review and
processing of any and all plans for any construction of the Telecommunications System including,
11/30/95
without limitation, the review and processing of the Preliminazy Plans and Specifications and the Final
F. Mum' c`ipal.,-Ser\ngqs. In the event that the Village desires to purchase, lease or use any
Telecommunications Service, or any Facilities or equipment provided by MFS, N1F S shall, subject
to applicable law, offer the same to the Village upon contract terms and conditions no less favorable
(including, without limitation, rate of compensation, warranties and payment) than the most
advantageous terms and conditions offered to any political subdivision within the State of Illinois.
G. A a -..ice by the Villag. The acceptance by the Village of any payment shall not
be construed as an accord by the Village that the amount of such payment is the correct amount due
from NIFS pursuant to this Agreement, nor shall such acceptance of any payment be construed to be
a release or waiver of any claim the Village may have for further or additional sums due and payable
pursuant to this Agreement.
H. ]NO,,,,,,,,RiOt of Setofl� All payments due to the Village from WS pursuant to this
Agreement shall be paid without counterclaim, setoff, deduction or defense. In the event NIF S does
setoff or deduct any amount from any such payment or otherwise reduces the amount due based on
a counterclaim or defense, the Village shall have the right to, without any liability to WS, its
customers or any third persons, pursue any and all remedies available to it at law or in equity,
including without limitation, revocation of the Franchise.
The following principles, in the following order of priority, shall govern. the location of a
facilities:
11/30/95 8,
A. Wherever an existing utility conduit,, duct, vault", or other existing utility facility can
physically accommodate, any cable, wire or other Facility, without substantial modification or expense
to NTS and upon reasonable terms and conditions, MFS shall utilize such and shall not construct or
install any new, different or additional facilities;
B. Wherever the electric and telephone utilities are underground at a particular location,
WS's Facilities must be located underground;
C. Wherever the existing utility facilities cannot physically accommodate NIF S' cable,
wire or other facilities, or wherever no such utility facilities exist at the time of WS construction of
the Telecommunications System, NES shall locate its Facilities underground.
D. Any non -cable facility which cannot be placed underground and is placed on any
a
Public Way, public property or pnvate property shall be adequately screened so as not to be visible
from any Public Way and in accordance with all applicable codes. All underground burial shall be
located approximately 2.5 feet below the surface, unless otherwise agreed to by the Village.
pill
MSM =61
Unit
R III
It
the Effective Date, submit to the Village Engineer, for review and comment, six complete sets of the
Preliminary Plans and Specifications which shall include, without limitation:
(a) A map M* sufficient detail indicating, (i) the proposed route for all cable
lines, including detailed drawings of the location in each Public Way where such cables are proposed
to be placed underground and aboveground; (ii) all existing utilities in such Public Ways; (iii) all trees,
11/30/95 9
structures, improvements and obstructions in such Public Ways; and (iv) the names of owners of all
properties, public or private, under, over or across which the cable lines are proposed to be
constructed and/or installed. Such map shall also identify which trees, utility facilities, structures,,
other improvements and all other obstructions that MFS proposes to temporarily or permanently
remove or relocate.
(b) A complete list of all Permits required to be obtained from
Governmental Authorities and from Persons.
(c) A written traffic control plan delineating the proposed construction
schedule and traffic impacts on Public Ways. The plan shall be proposed in accordance with the
manual on uniform traffic control devices published by the Illinois Department of Transportation.
2. Revi gw he Villggve . The Engineer shall review, within 45 days, the
,
Preliminary Plans and Specifications. After his review, the Village Engineer shall submit any
3. Submission of Final Plans And Specifications. NES shall, within 30 days oi
the date WS receives the Village Engineer's comments to the Preliminary Plans and Specifications,
submit to the Village Engineer, for review and approval, six complete sets of the Final Plans and
Specifications. The Final Plans and Specifications shall consist of final, complete and revised versions
of each of the Preliminary Plans and Specifications. If the Village Engineer is satisfied that the Final
Plans and Specifications are in order and reflect all of the revisions that the Village Engineer
requested in connection with the review of the Preliminary Plans and Specifications, then the Village
ro. 4
Engineer shall approve the Final Plans and Specifications not later than 15 days after receipt. No
construction of any kind shall commence, and the Village shall not be required to issue any Permits
11/30/95 10
for any construction, unless and until the Village Engineer approves the Final Plans and
Specifications.
4. ResgIgABio n ofEngineenm Disautes. The Village and MF S agree to use their
respective best efforts to resolve all engineering issues regarding the Final Plans and Specifications
to the mutual satisfaction of both parties; provided, however, that under no circumstances shall the
Village be obliged or required to revise, amend, modify or wm*ve any of the codes, ordinances, rules
or regulations of the Village.
onto Obtain'Permits. NIFS shall, before commencing construction of
any kind in the Village, obtain all Permits, as may be necessary or required for the use of property in
connection with, and for the construction of, the Telecommunications System. :MFS shall submit
copies of all Permits received by it,, with the exception of those issued by the Village, to the Village
Engineer prior to the commencement of construction. Each Permit application submitted by MFS
to the Village shall contain detailed drawings sufficiently detailed to demonstrate to the Village that
the Telecommunications System Will be constructed in accordance with all applicable codes and
ordinances. The Permit application shall "Include a drawing depicting the proposed depth of such
burial and its relationship to other underground utilities in the area.
2. Membership . . .... . # S shall before commencing construction, become a
member of J.U.L.I.E. and shall, at all times during the term of the Franchise, comply with all
regulations of J.U.L.I.E.
3. Construction in �,c�, *th P N1FS shall construct th�
- vx-ge wi A
Telecommunications System in strict accordance with all applicable codes, rules and regulations of
11/30/95 11
all Governmental Authorities, all Permits and the Final Plans and Specifications. Without
characterizing the breach of other covenants in this Agreement, the failure to obtain and comply with
any Pen -nits, the failure to comply with all applicable codes, rules and regulations of all Governmental
Authorities and the failure to comply with the Final Plans and Specifications shall constitute a material
breach of this Agreement. WS shall, as diligently as possible but in no event later than 30 days after
delivery of a violation notice by the Village, correct such Violation. Notwithstanding the foregoing,
if the violation constitutes a potential threat to the public, NTS shall correct the violation within two
days after delivery of a violation notice.
C. Constm 0 M
1. i
Minimal Interference. All work performed on, n, under, across or along the
Public Ways shall be conducted so as to minimize any interference with the rights and convenience
of the general public, including traffic flow. Nff S shall, at all times while performing work in the
Public Ways, (a) employ reasonable care to protect the health and safety of the public, and (b) operate
in accordance with the traffic control plan as approved by the Village Engineer.
2. 'Bam"cades. NTS shall use suitable barricades, flags, lights, flares or other protective
devices at such times and places as are required by its Traffic Control Plan and all applicable
ordinances, codes, rules and regulations and at such additional times and places as are required for
the safety of all members of the general public, so as to prevent injury to any person or vehicle by
reason of any work being performed, as determined by the Village in its sole judgment and discretion.
1. Prior Notificatign. MFS shall prepare excavation plans and submit same to
—1111.- ..... ...... ... ..'si
the Village Engineer no less than 10 days prior to the start of such work. 1' 9 S shall notify the Village
11/30/95 12
Engineer and the owners of all private property abutting the proposed excavation at least 72 hours
prior to any such excavation in any Public Way. Nothing herein shall be construed as preventing WS
from making immediate repairs to any damage caused to any facilities; provided that NES shall notify
the Village Engineer as promptly as possible before such repair work or if in an emergency, as soon
thereafter as possible, and in any event shall notify J.U.L.I.E. before such repair work.
2. Excavation Plans. No excavation on any Public Way or private property shall be
conducted more than 24 hours prior to the installation therein of any facilities.
3. E ya o s intawns and All excavations in lawns or grassy parkways shall
be immediately backfilled, tamped and restored with sod in accordance with the applicable provisions
of this Agreement.
4,
E. Trimnu,,,nr s r9hi it WS shall be prohibited from cutting or trimming any
tree, shrub or other vegetation, in or on any Public Way.
F. General Construction Standard. All work performed on the Telecommunications
System shall be performed in a good and workmanlike manner using materials of good and durable
quality. If at any time it is determined by the Village or any other Governmental Authority, in its sole
discretion and judgment, that any part of the Telecommunications System, including, without
limitation, any means used to distribute signals over or within the Telecommunications System, is
harmful to the health or safety of any person, then NES shall, at its sole cost and expense, promptly
correct all such conditions to the satisfaction of such Governmental Authority.
G. "As -Built" Plans. MFS shall furnish to the Village two complete sets of all "as -built"
plans for the Telecommunications System as originally constructed and for all reconstruction, repair,
relocation and other work performed thereon within 60 days after completion of such work.
11/30/95 13
Notwithstanding the foregoing, WS shall not be required to provide "as -built" plans for routine
maintenance work performed.
H. 1 e t qfi.. The Village shall have the right to inspect all construction
Ins
to insure compliance with this Agreement, the Ordinance, and all applicable codes, laws, ordinances,
rules, regulations, and Permits.
SECTION 7. RESERVATIONS OF PUBLIC WAY RIGHTS AND
'TION NS
CON$ 111.1 11, IRESTRICTIO
A. Title, to, Public,'WUs. All rights granted herein to NES in the Public Ways are granted
based on the information and belief of the Village that it has title to or an interest in such Public Ways
and the night and power to grant the rights and interests granted to N1F S in this Agreement. The
Village does not represent or warrant that it has title or any interest in the Public Ways, or the right
to grant to N1F S the rights and interests granted in this Agreement. This Agreement shall be deemed
to grant only such rights to use the Public Ways as the Village may have the right and power to grant
in this Agreement. WS has the right to conduct or obtain a title search of the Public Ways to
ascertain the status of the Village's rights and interest in the same, which shall be at NUS' sole cost
exclusive. The Village reserves the night to grant any right or use of such Public Ways to any Person
at any time during the period of the Franchise and any renewal or extension thereof, provided that
such grant does not obstruct, injure or prevent the use and operation of the Telecommunications
System or any facilities.
C. Ottiliti The Village retains the right to lay, and permit to be laid, sewer, gas,
11/30/95 14
water and other pipelines, cables and conduits in any Public Way, to change any curb or sidewalk or
the grade or dimension of any street; and to do and to permit to be done any other work as the
Village shall deem necessary or proper in its sole judgment and discretion. All such work shall be
done,, insofar as practicable, in such manner as not to obstruct, injure or prevent the free use and
operation of Facilities. If any such Facilities shall interfere with the construction or repair of any
Public Way or public improvement therein, WS shall, at its sole cost and expense, commence, and
diligently prosecute to completion, the relocation, removal or replacement of such Facilities, within
120 days after the delivery of such written notice by the Village. Such work shall be performed as
may be reasonably directed by the Village. In the event the Facilities must be so relocated, the
Village's Director of Public Works and Engineer shall cooperate with N11"S in identifying alternative
rights of way for the relocated Facilities.
D. Creation or Dedication of Public V aY. NI F S shall discontinue any use of the Public
Way, if the Village reasonably determines that such use is inconsistent with the public health or safety
or with the purposes for which such Public Way was created or dedicated or is currently being used.
E. Imvrove mencs oE, Chanizes,qn, Rublic Way. If the Village shall desire to make any
improvements or changes on or to all or any part of any Public Way, including, without limitation,
the moving of N1F S' Facilities underground in conjunction with moving electric, telephone, cable
television or other utility facilities underground, over, under or along which any part of the
Telecommunications System has been installed, then WS shall, at its sole expense after 120 days
written notice from the Village, proceed to alter, change, vacate or remove as directed by the Village,
from the Public Way any part of the Telecommunications System necessary to accommodate the
Village's planned improvements or changes. In the event such Facilities shall be required to be
11/30/95 15
removed, the Village Engineer and the Village Director of Public Works shall cooperate with WS
in identifying alternative rights-of-way for the relocation of NE S' Facilities; provided, however, that
nothing in this Subsection shall be construed as requiring or obligating the Village to identify
alternative rights of way.
F. Vacation or Abandonment of a Public Vya . In the event any Public Way or portion
thereof used by NUS shall be vacated by the Village, then, upon request and notice from the Village,
WS shall, at its sole cost and expense, remove its Facilities from the Public Way within 120 days of
the date of such notice. In the event such Facilities shall be required to be removed, the Village
Engineer, and the Village Director of Public Works shall cooperate with N1F S in identifying alternative
rights-of-way for the relocation of WS'Facilities provided; however, that nothing in this Subsection
V
shall be construed as requiring or obligating the Village to identify alternative rights of way.
G. TemppraCy Re npval of Telmuntcati do System. In the event it is necessary
to temporarily remove any Facilities in order to move any object, vehicle, building or other structure
over the Public Ways, NTS shall, upon 30 days written notice from the Village and at its sole cost
and expense, temporarily remove such Facilities and may temporarily relocate such Facilities in the
Public Ways if such temporary location is approved in advance by the Village Engineer.
SECTION 8. RESTORATION
al "A Upon completion of any construction work, MFS shall, at its sole
cost and expense, and in the manner approved by the Village or the affected property owner in
its/their sole judgment and discretion, as the case may be, promptly repair, the Public Way, private
property, or improvement and restore the same to, as nearly as practicable, the condition existing
11/30/95 16
prior to the performance of the work. Such restoration shall be completed within ten days after the
date of commencement of such work; provided, however, that the time for completing restoration
work may be extended by the Village Engineer, in his sole discretion, upon written request by WS
for good cause shown. In the event that WS fails to commence or complete the restoration work
in the manner and within the time periods prescribed herein, the Village may, but shall have no
obligation to, perform such work and recover from the Security Fund established pursuant to Section
4-11
10 of this Agreement any costs and expenses the Village incurs. In the event that such Public Way,
private property, or improvement cannot be so repaired, replaced or restored, NVS shall cause the
Village or the affected owner of the same, as the case may be, to be justly compensated.
B. Where any such destruction, damage or disturbance is not
immediately discovered, or where any such restoration effort fails or is otherwise 'Inadequate or
insufficient, WS shall have a continuing obligation to perform all necessary restoration work, despite
the prior termination or expiration of this Agreement.
C. Reflusal, toRevair. In the event of any failure, neglect or refusal
by NES, after 10 days written notice from the Village, to repair or provide just compensation for such
destruction, damage or disturbance as provided in Subsection S.A. of this Agreement, the Village
way, but shall be under no obligation to, do such work, or cause it to be done, and the actual cost
thereof as found and declared by the Village, shall be paid by NUS within 30 days after demand
therefor. If NIF S fails to so reimburse the Village, the Village may collect the amount due from the
Security Fund established pursuant to Section 10 of this Agreement, by court action or otherwise.
11/30/95 17
A. Angual, Revorm. WS shall, annually, within 90 days following the close of its fisci
year, submit to the Village a written statement, approved by an officer of WS, MFS' Gross Revenues
for service provided in the Village of Mount Prospect for the year just concluded. Such statement
shall be supplemented by such additional financial statements and records as may be required by the
Village, within six months following the close of WS'fiscalyear. Unless required by applicable law,
the Village shall keep all financial statements and records of WS confidential.
B. Booksand Rpgprd,s. NES shall maintain, at all times during the term of the Franchisd
(1) complete, accurate and up-to-date maps of the Telecommunications System; and (2) at such time
as NES begins providing service to Subscriber in Mount Prospect complete, accurate and properly
totaled books and records of MFS showing the business conducted by MF S in the Village in sufficient
detail to show all Gross Revenue. The Village may require WS to keep additional records and
maps which it determines are reasonably necessary.
C. iflwwton, and Audits. All of such books and records and oriwnals of all maps a4
other documents pertaining to this Franchise shall be maintained in and made available for inspection
by the Village, its agents or employees, at MF S' local office, currently located in Oakbrook Terrace,,
Illinois, at reasonable times and intervals. The Village shall have the right to obtain copies of all
documents, maps or records peftaining to the Franchise. MF S shall fully cooperate in assisting in this
regard.
D. In " 'es. The Village may, at any time, make inquiries pertaining Aum - mes pertaining to the Franchise and
the operation of the Telecommunications System. NTS shall make all reasonable efforts to respond
to such inquiries within five business days of such inquiry.
11/30/95 18
E. o dentialit. If either party provides confidential and/or proprietary information
to the other in writing and identified as such, the receiving party shall protect the confidential
information from disclosure to third parties with the swne degree of care afforded its own confidential
and proprietary information, except that neither party shall be required to hold confidential any
information that becomes publicly available other than through the recipient, that is required to be
disclosed by a governmental or judicial order, that is required to be disclosed by statute, that is
independently developed by the receiving party or that becomes available to the receiving party
without restriction from a third party. These obligations shall survive expiration or. termination of
SECTION 10. SECURITY FUND
A. Amount. On or before the Effective Date, N1F S shall establish a "Security Fund" by
depositing with the Village or a financial institution approved by the Village, the total amount of
$501000.00, in the form of a bond, or other instrument', in form and substance acceptable to the
Village Attorney. At a n1i =*Urn, the letter of credit or other instrument shall (1) provide that it shall
not be canceled without the prior written consent of the Village; and (2) not require the consent of
WS (but will require notice) prior to the collection by the Village of any amounts covered by said
bond or other instrument. Upon the Village certification of completion of construction of the
Telecommunications Systems, the bond may be reduced to $15,000.00, and may be further reduced
to $51,000 one year after the date of such certificate, provided that, on such reduction date, there are
no clam' of any type outstanding at such time asserted against Nff S or the Village, arising out of any
Af
11/30/95 19
acts or ornissions. of NUS relating to the Franchise. The Security Fund shall be maintained at WS'
Know
B. Purpose. The Security Fund shall serve as security for (1) the faithful performance
by Nff S of all provisions of this Agreement; (2) any expenditure, damage or loss incurred by the
Village occasioned by WS failure to comply with all codes, ordinances, rules, regulations, orders,
Permits'. the Final Plans and Specifications and other directives of the Village issued pursuant to this
Agreement; (3) the payment by MFS of all hens and taxes, and all damages, claims, costs or expenses
that the Village has paid or incurred by reason of any act or default of WS including, without
limitation, any restoration work that the Village must perform itself or have completed as a
NUS pursuant to this Agreement; (4) any costs, expenses, or other payments due under Section 4 of
this Agreement and (5) any expenses incurred by the Village pursuant to Section 8 of this Agreement.
The withdrawal of amounts from the Security Fund shall constitute a credit against the amount of the
applicable liability of WS to the Village but only to the extent of said Withdrawal.
C. &p.Ignishment". Within 14 days after receipt of notice from the Village that any
amount has been withdrawn from the Security Fund, Nff S shall restore the Security Fund to the
amount specified in Subsection I O.A of this Agreement.
D. It d r,a ads,. If MFS (1) fails to make any payment required to be made by WS
hereunder; (2) fails to pay, any taxes or hens relating to the Telecommunications System that are due
and unpaid; (3) fails to pay to the Village any damages, claims, costs or expenses which the Village
has been compelled to pay or incur by reason of any act or default of N S; or (4) fails to comply with
any provision of this Agreement that the Village determines can be remedied by an expenditure of an
11/30/95 20
amount in the Security Fund; then, a) after notice and an opportunity to cure pursuant to Section 20
hereof and failure to so cure and b) after three days written notice from the Village of its intention
to exercise its rights under this Subsection if not paid by NIPS and the failure of N1F S to pay the
monies duel the Village may withdraw the amount from the Security Fund.
E. I Any and all interest accrued on the amount in the Security Fund may be
withdrawn by N4F S, upon written notification of said withdrawal to the Village.
F. Q-1Qmng and Retu'rn of'Se1cun*,jX,,,..q Upon any termination of the Franchise, other
than a revocation, NES shall be entitled to the return of the Security Fund, or portion as remains on
deposit at termination, and after account is taken for all offsets necessary to compensate the Village
for the failure by WS to comply with any provision of this Agreement. In the event of any
revocation of the Franchise, the Security Fund, and any and all accrued interest, shall become the
property of the Village to the extent necessary to cover any costs, loss or damage incurred by the
Village as a result of said revocation, provided that any amounts in excess of said costs, loss or
damage shall be refunded to WS.
G. Not Limit The rights reserved to the Village with respect to the Security
Fund are in addition to all other rights of the Village, whether reserved by this Agreement or
authorized by law, and no action, proceeding or exercise of a right with respect to said Security Fund
shall affect any other right the Village may have.
I . WS. N1FS shall be responsible for any damage or loss to any real or personal
11/30/95 21
-0
property of the Village or of any Person, and for any injury to or death of any individual Person, or
t"
any officer, employee or agent of the Village, arising out of or in connection with Nff S' negligence
or misconduct in the construction; installation, use, operation, maintenance, repair and/or removal
of the Telecommunications System, or its failure to act in connection therewith when, in the
reasonable judgment of the Village, Nff S should have taken certain action.
2. Notice. The Village agrees to give WS prompt notice of any such claims
which MFS may defend with Counsel of its own choosing. No such claim shall be settled without
the consent of WS.
3. yflia . The Village, its officers, employees and agents shall not be liable for
any loss or damage to any real or personal property of any Person, or for any injury to or death of
any individual Person, arising out of or in connection with WS' negligence or misconduct in the
construction, operation, maintenance, repair or removal of or other action or event with respect to,,
1)
the Telecommunications System.
Fl. 0
a. The Village may, at any time, in case of fire, disaster or other emergency, as
detenrnined by the Village, cut or move any Facilities, in which event the Village shall not be
liable therefor to WS. When practical, as determined in the sole judgment and discretion of
the Village, WS shall be consulted prior to any such cutting or movement of its wires and
be given the opportunity to perform such work itself. In the event that it is not practical to
notify WS prior to any such cutting or movement, the Village shall notify NES by calling
MFS' Network Operations Control Center ("NOCC") at 1-800-1ViF'S-CITY, as soon as
practical after the Village has knowledge of such cutting or movement.
11/30/95 22
b. The Village shall not be liable to WS for any damage to or loss of all or any
I
6
part of the Telecommunications System, or otherwise, as a result of or in connection with the
protection, breaking through, movement, removal, alteration or relocation of any part of the
Telecommunications System by or on behalf of NIF S or the Village in connection with any
emergency, public work, public improvement, alteration of any municipal structure, any
change in the grade or fine of any Public Way, or the elimination, discontinuation and closing
of any Public Way, as provided in the Agreement. When practical, as determined in the sole
judgment and discretion of the Village, NUS shall be consulted prior to any such cutting or
movement of its wires and be given the opportunity to perform such work itself.
C. The Village, its officers, employees and agents shall not be liable to WS or
any affiliate of MFS for any special, incidental, consequential, punitive or other damages as
a result of the exercise of any right of the Village pursuant to this Agreement including,
without limitation, the right of the Village to terminate the Franchise and to take any action
subsequent termination.
B. Indemnification.
s
H6l&HMr7
_s,,,,�bX,IN4F,S WS shall, and does hereby agree to, save, indemnify
and hold the Village, its corporate authorities elected and appointed officials, officers, boards,
commissions, legal counsel, employees and agents harmless from any injury, claim, demand, suit,
judgment, execution, liability, debt damages or penalty (the "Claims") arising out of, resulting from,
or alleged to arise out of or result from, W S' negligence, including, without limitation, its failure to
act, or misconduct in the construction, operation, maintenance repair or removal of the
Telecommunications System, or the distribution of any service over the Telecommunications System,
11/30/95 23
whether such acts or omissions' are those of MFS or its officers, employees, agents or contractors
and whether or not any such act or omission is authorized, allowed or prohibited by this Agreement.
2. Notice. The Village agrees to give WS prompt notice of any such claims
which MFS may defend with Counsel of its own choosing. No such claim shall be settled without
the consent of NUS.
3. De&nsg Expense. NES shall, and does hereby agree to, pay all expenses
incurred by the Village in defending itself with regard to any and all of the Claims. These expenses
shall include all out-of-pocket expenses, such as attorneys' and expert's, fees, and shall also include
the reasonable value of any services rendered by any employee of the Village.
C. Release and Waiver of Claims. NIFS shall have no recourse against the Village for any
loss, expense or damage resulting from the terms and conditions of this Agreement nor because of
the Villages, enforcement of this Agreem, ent. WS shall be deemed to expressly agree that it accepts
the Franchise relying solely upon its own investigation and understanding of the power and authority
of the Village to grant the Franchise and that, in partial consideration of the grant of Franchise, MFS
waives and releases the Village from and of all claims of damages of any kind whatsoever, either
* tv Is i
known or unknown, existing or future, which it may have in connection with any matter specified n
this Agreement, unless such damage is directly caused by the malicious or intentional acts of the
Village.
D. Insurance.
1. e,ilt WS shall maintain, throughout the term of the Franchise, general
...0
11/30/95 ' 24
boards, commissions, elected and appointed officials, agents and employees, in the minimum amounts
M
(a) Five Million Dollars ($5,0001000.00) for bodily m*Jury or death to each
(b) Five Million Dollars ($5,000,000.00) for property damage resulting
from any one accident; and
(c) Five Million Dollars ($5,000,000.00) for all other types of liability.
2. Automobile. NES shall maintain in its own name automobile liability insurance with
a limit of Three Million Dollars ($3,000,000.00) for each person and Three Million Dollars
($3,000,000.00) for each accident for property damage with respect to owned and non-owne(i
automobiles for the operations of which MFS is responsible.
3.Workewes, Com satt'on. MFS shall also maintain Worker's Compensation Insurance
within the statutory limits and Employer's Liability Insurance with not less than one Hundred
4. Hazard. By reason of MFS' right to use or work in the Public Ways, MFS' insurance
UO2
11 cover comprehensive form, premises -operations, explosions and collapse hazard, underground
hazard, and products completed hazard in the minimum amount of Three Million Dollars
($3,000,000.00),, or whatever limits are permitted by the State of Illinois for bodily injury and
5. Evidence of Insurance Policies. On or prior to the Evidence of Insurance Policies.
On or prior to the Effective Date, WS shall furnish proof to the Village Manager that the foregoing
insurance policies have been obtained, along with written evidence of payment of required premiums,
11/30/95 25
in the form of a certificate of insurance and copies of the policies of insurance when requested.
6. Maintenance of Insurance Policies. The liability insurance policies required by this
Section shall be maintained by WS throughout the term of the Franchise and such other period of
time during which NTS operates or is engaged in the removal of the Telecommunications System as
subject to Village inspection and approval. Each such insurance policy shall contain the following
r4T14[$JCTQ01M6
It is hereby understood and agreed that this policy may not be cancelled nor
the intention not to renew be stated until 90 days after receipt by the Village
of Mount Prospect, by registered mail, of a written notice addressed to the
Village Manager of such intent to cancel or not to renew for reasons other
9
than non-payment or 10 days after receipt for the reason of non-payment.
Within 60 days the Village of said notice for reasons other than non-payment and in no event later
than 30 days prior to said cancellation, NES shall obtain and furnish to the Village replacement
insurance policies in a form acceptable to the Village Attorney. If cancellation is for non-payment,
WS will use its best efforts to obtain replacement insurance policies and provide proof thereof to
Village prior to the cancellation date.
increase the rnn*u'mum limitations of the insurance policy or policies required in this Section by a
percentage not to exceed the percentage increase in the Index as of the Effective Date.
8. Nof Linvit of, Liiii The legal liability of WS to the Village and any Person for any
of the matters that are the subject of the insurance policies required by this Section 11, shall not be
limited by said insurance policies or by the recovery of any amounts under policies.
11/30/95 26
4
A. VUlage Approval,, mired. Neither the Franchise nor any rights or obligations of
WS pursuant to this Agreement nor any of MTS' interest in the Telecommunications System shall
be assigned, transferred, pledged, leased, sublet hypothecated or mortgaged in any manner, in whole
or in part, to any Person, nor shall title thereto, either legal or equitable, or any right or interest
therein, or any property or assets relating to the Franchise or the Telecommunications System, pass
to or vest in any Person, nor shall any substantial change in control of NUS occur, either by act of
MFS, by operation of law or otherwise, without the prior consent of the Village, which consent shall
not be unreasonably withheld, as expressed by an ordinance duly adopted and then only on such
reasonable conditions as may therein be prescribed. For purposes of this Agreement a substantial
change in control shall mean a divestiture by MFS Telecom, Inc. of more than fifty percent (50%) of
WS stock. Any such action completed without such prior consent of the Village shall be a violation
of this Agreement and shall, at the option of the Village, which option may be exercised in the
Village's sole judgment and discretion, and without further notice or procedure, render the Franchise
void and entitle the Village to pursue all remedies available to it. The grant or waiver of any one or
more of said consents shall not render unnecessary any subsequent consent or consents, nor shall the
grant of any said consent constitute a waiver of any other rights of the Village.
B. t o t 11, WS shall promptly notify the Village of any proposed action
requiring the consent of the Village pursuant to Subsection 12.A of this Agreement, by submitting
to the Village at least ninety (90) days prior to the proposed action a petition requesting the approval
of the Village. The petition shall fully describe the proposed action and shall be accompanied by a
11/30/95 27
justification for the action and such additional supporting information as the Village may require in
order to review and evaluate said action.
C. Permitted Transfer. Notwithstanding the foregoing, MFS may assign the Franchise
to a parent, affiliate or subsidiary company, upon notice to, and without the necessity of obtaining
the prior consent of the Village.
Any assignment made pursuant to this Subsection C shall not become effective unless and
unfit the proposed assignee shall have executed a document, in form and substance acceptable to the
Village Attorney in its reasonable discretion, whereby the proposed assignee assumes all of the
obligations, liabilities and responsibilities of NUS pursuant to and in accordance with this Agreement,
including those accruing prior to the date of the assignment. Upon receipt and acceptance by the
Village of that document and a copy of the assignment to the Assignee, the assignor thereof shall be
released form all liability under this Agreement.
%.W
11111111111111,111 ipm,qlq
''ALI
131111L di'll"111111111
A. Fqrgglpsure. Upon the scheduled occurrence of any foreclosure or other *udicial saIG
J
of all or any part of the Telecommunications System, or the terrnination of any lease or mortgage
covering all or any material part of the Telecommunications System, X1F S. shall immediately notify
the Village. This notification shall be treated as a notification of a proposed change in control of
N1F S. and the provisions of Section 12 of this Agreement shall apply.
B. Condemnation. In the event that the Telecommunications System, or any material part
thereof, is taken, appropriated, or condemned pursuant to law, and the effect of such taking is to
materially frustrate or impede the ability of WS to carry out its obligations pursuant to, and the
11/30/95 28
purposes of, this Agreement, then the Village may revoke the Franchise in accordance with the
applicable provisions of this Agreement.
C. by'' WS,. :MME'S shall immediately notify the Village, in
writing, if: (1) WS files a voluntary petition in bankruptcy, a voluntary petition to reorganize its
business, or a voluntary petition to effect a plan or other arrangement with creditors; (2) WS files
an answer admiftm*g the jurisdiction of the court and the material allegations of an involuntary petition
filed pursuant to the Bankruptcy Code, as amended from time to time; (3) NTS is adjudicated
bankrupt, makes an assignment for the benefit of creditors, applies for or consents to the appointment
of any receiver or trustee of all or any part of its property, including all or any part of the
Telecommunications System; (4) WS institutes dissolution or liquidation proceedings with respect
to its business; (5) an order is entered approving an involuntary petition to reorganize the business
of NIFS or to effect a plan or other arrangement with creditors or appointing a receiver or trustee for
the Franchisee of all or a part of its property including, without limitation, all or any part of the
Telecommunications System; or (6) a writ or warrant of attachment, execution, distraint, levy,
possession, or any similar process shall be issued by any court against all or any part of the property
of WS including, without limitation, all or any part of the Telecommunications System.
SECTION 14. SAFETY
A. Standard of Care. WS shall at all times utilize the standard of care attendant to the
risks involved and shall install and maintain in use commonly accepted methods and devices for
preventing failures and accidents which are likely to cause damage, injury or nuisance to the public
11/30/95 29
B. Eawam, e%,nt In'stallationand M'a'mtenance. All installations in the Telecommunications
I
System shall he made so as not to impair the fire integrity of any building or structure. NES shall
install and maintain its Facilities in accordance with the requirements of all applicable codes, and in
such manner that they will not interfere with any installation's of the Village or any public utility. All
Facilities in, over, under and upon the Public Ways and private property within the Village, wherever
situated or located, shall at all times be kept and maintained in a safe and suitable condition and in
good order and repair.
SECTION 15. FRANCHISE RENEWAL
MFS shall have the right to renew the Franchise and this Agreement for an additional term
of ten (1 a) years following the expiration of the term provided for in Section 3 of this Agreement,
provided, however that WS must provide express written unconditional notice of its election to
exercise this right 365 days prior to the expiration of the term provided for in Subsection ID of this
Agreement; and provided further that (a) at the time of the election to exercise such right to renew,
WS is not in default hereunder and (b) the Village determines, in its sole discretion, that it is in the
best interests of the Village to renew the Franchise and this Agreement.
NIF S acknowledges that it has not been induced to accept this Franchise by any promise,,
verbal or written, by or on behalf of the Village or by any third person regarding any term or
condition of this Agreement not expressed herein. WS shall further be deemed to warrant that no
11/30/95 30
promise or inducement, oral or written, has been made to any Village employee or official regarding
I
receipt of the Franchise, other than as contained in this Agreement.
SECTION 17. CON PLIANCE WITH LAW
WS shall, at all times, comply with laws, codes, rules and regulations of all Governmental
Authorities, regardless of whether such law, code, rule or regulation is expressly referenced in this
Agreement. NIFS shalL at all times, comply with all applicable laws, ordinances, resolutions, codes,
as such laws, ordinances, resolutions, codes, rules, ations, memoranda a
regulnd directives may be
modified or amended including the adoption of a telecommunications policy or ordinance by the
Village; provided that such modification, amendment or ordinance does not impair, conflict with or
diminish the rights granted NUS under the Ordinance or this Agreement and provided further that
such modifications, amendments or ordinances are applied or enforced in a non-discriminatory
manner,
1111 Oil g� 1 11 11
A IMA I
If any subsequent law, ordinance, rule, code, regulation, controlling judicial review or decision
shall require or permit MFS to perform any act or shall prohibit MFS from performing any act such
that WS may be in conflict with the terms of this Agreement, then as soon as possible following
knowledge thereo� WS shall so notify the Village. If the Village or NUS determines that a material
provision of this Agreement is affected by such changed or new law, ordinance or regulation� the
11/30/95 3 1
Village and WS shall enter into good faith negotiations to modify this Agreement to conform with
such changed requirements.
163 0 1:3 21 15MMIN 0 3 1 0 0
N1F S shall not be excused from complying with any of the terms and conditions of this
Agreement by any failure of the Village, upon any one or more occasions, to insist upon Nff S'
performMnce of, or to seek WS' compliance with, any one or more of said terms or conditions.
I
In the event of a material breach of this Agreement by NOS, as determined in the sole
judgment and discretion of the Village, the Village may terminate the Franchise and the rights granted
to NTS hereunder. In the event of a breach or an alleged breach of this Agreement by either party,
either party may, by suit, action, mandamus or other proceeding, in law or in equity, enforce or
compel the performance of this Agreement.
Neither party shall be in default under this Agreement or in breach of any provision hereof
unless and until the other party shall have given such party written notice of such default and the
defaulting party shall have failed to cure the default within twenty (20) days after receipt of such
notice if it is a non -monetary default or within seven (7") days after receipt of such notice if it is a
monetary default. Where the parties mutually agree in writing that the default cannot reasonably be
cured within such twenty (20) day period, and if the defaulting party has proceeded promptly to cure
the same and prosecute such cure with due diligence, the time for curing such non -monetary default
shall be extended for such period of time as the parties mutually agree in writing is necessary under
11/30/95 32
the circumstances to complete such cure.
Upon the expiration or termination of the License, WS shall have the option to, without
expense to the Village and within such time as the Village may reasonably require, remove said
Facilities, in whole or in part, without opening the pavement of the right-of-way and restore the
premises hereby authorized to be used and occupied to a condition reasonably satisfactory to the
Village, or to abandon said facilities. In the event NES chooses to abandon the facilities, the Village,
after thirty (3 0) days prior written notice, shall be allowed to take over said facilities as property of
the Village, without compensation, and in no event shall WS have any claim for damages against the
Village on account of the taking over of the Facilities.
Menever thisAgreernent sets forth any time for any act to be performed by either party, said
time shall be deemed to be of the essence.
SECTION 22.. TRAE FOR NOTICE.
In the event of an emergency involving fife or property, as determined by the Village in its sole
judgment and discretion, the Village may reduce or eliminate the notice requirements set forth in this
Agreement, and any such reduction or elimination shall be deemed to be reasonable under the
circumstances; provided, however, that the Village shall notify WS as soon thereafter as practical,
in accordance with Section 26.B or by calling NOS' NOCC at 1-800- WS -CITY.
11/30/95 33
SECTION 23. FORCE MAJEURE
Whenever a period of time is provided for in this Agreement for either the Village or NffS
to do or perform any act or obligation, neither party shall be liable for any delays or inability to
perform due to causes beyond the control of said party such as war,, not, 'insurrection, rebellion,
strike, lockout, unavoidable casualty or damage to personnel, materials or equipment, fire, flood,
storm, earthquake, tornado, or any act of God; provided, however, that said time period shall be
extended for only the actual amount of time said party is so delayed. An act or omission shall not be
deemed to be "beyond Nff S' control" if committed, omitted, or caused by Nff S, NUS' employees,
officers or agents or a subsidiary, affiliate or parent of MFS or by any corporation or other business
entity that holds a controlling interest in NES, whether held directly or indirectly.
Throughout the term of this Agreement, NES shall have an affirmative duty to notify the
Village that it, or any parent, subsidiary or related entity, has been granted a telecommunications
franchise by another Illinois municipality or franchising authority that (a) is located within 100 miles
Upon written notification to NES by the Village, this Agreement shall be deemed
automatically amended to include any of the following terms or conditions which have been granted
to WS by such municipality or other franchising authority described in the immediately preceding
paragraph: (a) more favorable provisions relating to the municipality or other franchising authority's
(i) right to receive costs, payments (including payments in lieu municipal services), and/or Franchise
fees from WS and (ii) ability to regulate the construction and use by MFS' telecommunications
11/30/95 34
system within the municipality; (b) more favorable provisions relating to the option of the municipality
or other franchising authority to acquire the assets of NFS' telecommunications system within the
municipality M* the event of the revocation or expiration of the Franchise,; and (c) franchise term less
than the term granted hereunder, provided, however, that item (c) above shall be automatically
amended to this Agreement only on condition that such term or condition has been granted to MFS
within three years of the Effective Date of this Agreement.
SECTION 25. SEVERABILITY
If any section, subsection, sentence, clause, phrase, or other portion of this Agreement, or its
application to any Person, is, for any reason, declared invalid, in whole or in part, by any court,
agency, commission, legislative body, or other authority of competent jurisdiction, said decision shall
not affect the validity of the remaining portions hereof.
A.G.oye, ning L 9
aw. This Agreement and the rights of the parties hereunder shall be
. r
interpreted and enforced in accordance with the laws of the State of Illinois.
B. Nofites. All notices and other communications in connection with this Agreement
shall be in writing, and shall be deemed delivered to the addressee thereof when delivered in person
at the address set forth below, or three business days after deposit in any main or branch United
States post office, and shall be certified or registered mail, return receipt requested, postage prepaid,
properly addressed to the parties, respectively, as follows:
11/30/95 35
For notices and communications to IVY'S
Chicago Fiber Optic Corporation d/b/a
Metropolitan Fiber Systems of Chicago, Inc.
c/o WS Telecom, Inc.
One Tower Lane, Suite 1600
Oakbrook Terrace, Illinois 60181
Attn: General Counsel
For notices and communications to the Village:
Village of Mount Prospect
200 S. Emerson Street
Mount Prospect, Illinois
Attention: Village Manager
With a copy via regular mail to:
Everette M. Hill, Jr.
Amstein & Lehr
120 S. Riverside Plaza
Suite 1200
Chicago, Illinois 60606
By notice complying with the foregoing requirements of this Section, each party shall have
the right to change the address or addressee or both for all future notices and communications to such
party, but no notice of a change of address shall be effective until actually received.
C. B,Wd=.Effig. Each of the termsconditions and provisions of this Agreement shall
be binding upon and shall inure to the benefit of the parties hereto, and the respective successors and
assigns. Nothing herein shall be deemed to permit a transfer of the Franchise by WS except as
provided in Section 12 of this Agreement.
D. Agibori1y to Execute, NIFS hereby warrants and represents to the Village
it has the right, power and authority to enter into this Agreement and to accept the Franchise granted
to it in this Agreement; (2) the individuals executing this Agreement on behalf of WS have the
11/30/95 36
power and authority to bind NTS to this Agreement; and (3) neither the execution of this Agreement
1111,11 111 q I PRIOR If"
111" ir
119,M11
any,agreernent to which it is a party or (ii) violate any restriction, court order or agreement to which
it is subject.
E. Am, endments. This Agreement may be amended by the same procedure as required
by Illinois statutes for its original execution and approval.
IN WITNESS WBEREOFI, the parties have executed this Agreement as of the date first
above written.
LM
Village President
CFHCAG0 FIBER OPTIC CORPORATION
d/b/a, METROPOLITAN FIBER SYSTEMS
OF CIUCAGO, INC.
A=ST:
Name:
Secretary
11/30/95 37
Dire ctor
G-nGlpn R. r
i
Solid Waste Coordinator
M. Lisa Angell
Water/Sewer Superintendent
Sean P. Dorsey
Forestry/Grounds Superintendent
Sandra M. Clark
Vehicle/Equipment Superintendent
James E. Guenther
Village 'Engineer
Jeffrey A. Wulbecker
Mount Prospect Public 'llll'orks Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2222
Phone 708/870--5640 Fax 708/258--2877 TDD 708/392-1235
SAFETYAGENDA
MEETING LOCATION: MEETING DATE AND TIME:
VILLAGE HALL MONDAY '
100 SOUTH EMERSON STREET DECEMBER 11 3 1995
MOUNT PROSPECT, ILLINOIS 60056 7:30 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES
IV. CITIZENS TO BE HEARD
V. OLD BUSINESS
A. RECONSIDERATION OF PARKING RESTRICTIONS ON WELLER LANE
FROM BUSSE AVENUE TO CLEVEN AVENUE
VI. NEW BUSINESS
A. SPEED LIMIT CHANGE REQUEST FROM 25 mph TO 20 mph FOR
MEADOW LN, WEDGEWOOD LN, OXFORD LN, AND STRATFORD PL
B. YIELD SIGN REQUEST ON STRATFORD PLAT MEADOW LN AND
WEDGEWOOD LN
VII. ADJOURNMENT
NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING
BUT BECAUSE OF A DISABILITY NEED SOME ACCOMMODATION
TO PARTICIPATE SHOULD CONTACT THE VILLAGE MANAGER'S
OFFICE AT 100 SOUTH EMERSON STREET, MOUNT PROSPECT,
7031392-5000, EXTENSION 5327, TDD 7031392-0064
******** TO ALL COMMISSION MEMBERS ******
******** IF YOU CAN NOT ATTEND THE SAFETY COMMISSION MEETING
********
PLEASE CALL SEAN WON 870-5040 IN ADVANCE ******
Recycled Paper - Printed with Soy ink
RECONSIDERATION OF PARKING RESTRICTIONS
ON THE 100 BLOCK WELLER LANE
(FROM BUSSE AVE TO CLEVEN AVE)
The Village Board of Trustees sent this parking restriction request back to the safety
Commission so a representative of Westbrook school could present their original
request which was altered by the ,Safety Commission.
9 �q -9 tZ 1 0
Westbrook school requested revisions to the current parking restrictions on Weller
Lane from Busse Ave to Cleven Ave. Nate that Weller Lane between Busse Ave and
Cleven Ave is a one-way street (south bound) during school hours. Westbrook school
requested the following change: I
} The east side of Weller Lane between Busse Ave and Cleven Ave
To: No Parking during school hours between Busse and Cleven
2) The west side of Weller Lane between Busse Ave and Cleven Ave
To: Loading Zone (No Parking During School Hours) between 400' south of
Busse and 600' south of Busse
As a result of discussion at the November 13, 1995 meeting, the safety Commission
modified the school's original request and made the fallowing recommendation to the
Village Board:
1) The west side of Weller Lane
No Parking, No Standing, No Stopping
(Between 204 ft south of Central Rd and 240 ft south of Central Rd)
(Between 560 ft south of Central Rd and 800 ft south of Central Rd)
No Parking during School Hours
(Between 240 ft south of Central Rd and 560 ft south of Central Rd)
2) The east side of Weller Lane
No Parking during School Hours
(Between Busse Ave and Cleven Ave)
At the Board Meeting, Patricia Cassidy, Principal of Westbrook School, requested that
the Board approve the School's original request. Since a representative of the Sdhool
was not present at the Safety Commission Meeting, Village Board referred this item
back to the Safety Commission for reconsideration.
Li
U)
Vi
D
m
CENTRAL RD
..� ► R
PARKING RESTRICTION
EXISTING: NO PARKING ANY TIME
PROPOSED: NO CHANGE
EXISTING: NO PARKING
DURING SCHOOL HOURS
PROPOSED: DELETE RESTRICTION
EXISTING: NO PARKING
DURING SCHOOL
PROPOSED: wZONE
(NO PARKING DURING SCHLOOL HOURS)
1 1w PARKING
DURING SCHOOL HOURS
PROPOSED: NO CHANGE
EXISTING: NO RESTRICTION
PROPOSED: NO PARKING
DURING SCHOOL HOURS
REQUEST
CENTRAL RD
....................................................................
III IIIIIIIIII IIIIwu I!I�IIIM IIIIIIMEXISTING: NO PARKING ANY TIM
i
PROPOSED: CHANGE
SAFETY COMMISSION'S
RECOMMENDED PARKING RESTRICTION
lEXISTING.-O
PARKING •
DURING SCHOOL HOURS
PROPOSED:
O PARKING
*pa 9%,
DURING SCHOOL HOURS
�1!1'
133
PROPOSED: NO STOPPING
l4k;+0
NO STANDING,PARKING
NO PARKING
HOURSEXISTING:
DURING SCHOOL
PROPOSED:
EXISTING: NO i i
.
PROPOSED: NO PARKING
�a.'..
DURING SCHOOL HOURS
SAFETY COMMISSION'S
RECOMMENDED PARKING RESTRICTION
SPEED LIMIT CHANGE REQUEST
FROM 25 mph TO 20 mph
FOR MEADOW LN, WEDGEWOOD LN, OXFORD LN, AND-STRATFORD PL
REQUESTED BY:.
Ms. Bobikewicz, 1114 Meadow Ln
REQUEST:
Lower The Speed Limits on Meadow Ln, Wedgewood Ln, Oxford Ln and Stratford P1
from 25 mph to 20 mph
COMMENTS:
Enginedring Staff performed speed studies on Meadow Ln at Strafford P1 during the
morning rush hour on October 12 and the afternoon rush hour on October 17, 1995.
The sample sizes were too small to obtain any significant statistical data (12 cars per 2
hours during the morning rush hour and 21 cars per 2 hours during the afternoon rush
hour). However, only one car traveled more than 20 mph (22 mph). All other cars
traveled 20 mph or less.
A significant factor is that the pavement width of the above streets are only 18' wide,
typical 28', and these streets do not have sidewalks. It is common for pedestrians to
walk on the edge of the roadway. Thus the speed studies show that the motorists are
comfortable driving at 20 mph. U
Recommendation:
The Village Traffic Engineer recommends:
The speed limits on
Meadow Ln, Wedgewood Ln, Oxford Ln and Stratford PI be changed
0
from:,' 25 mph
toW 20 mpT
YIELD SIGN REQUEST
ON STRATFORD PL AT MEADOW LN AND WEDGEWOOD LN
REQU
Ms. Bobikewicz 1114 Meadow Ln
,eST'ED B'Y'
0
REQUES' T. Install yield signs at Stratford PI at Meadow Ln and Wedgewood
Ln.
COMMENTS:
Yield signs may be warranted if the intersections meet one of the following five
warrants prescribed on the Manual on Uniform Traffic Control Devices (MUTCD):
Warrant 1: At the entfance to an intersection where it is necessary to assign right-of-way and where the safe
I approach speed on the entrance exceeds 10 mph. k
The volume of traffic at these intersections are low. During the afternoon rush hour period,
approximately 10 cars an hour used Meadow Ln and approximately 2 cars an hour used Strafford
Pl. Therefore, it is not necessary to assign right-of-way at these intersections.
Warrant 2: On the entrance ramp to an expressway where an acceleration lane is not provided.
Not Applicable
Warrant 3: At intersections on a divided highway where the median between the roadways is more than 30
feet Wide.
Not Applicable
Warrant 4: Where there is a separate or channelized right turn lane, Without an adequate acceleration lane.
Not Applicable
Warrant 5: At any intersection where a special problem exists and where an engineering study indicates the
problem to be susceptible to correction by use of the YIELD sign.
No special problems were observed.
No warrants are met and no special conditions exist to justify the installation ' of yield
signs. However, lowering of the speed limit to 20 mph (previous request) will help
alleviate the perceived problems. R
The Village Traffic Engineer does not recommend YIELD SIGNS on Stratford PI at
Meadow Ln and Wedgewood Ln.
o"POT SPEED STU
LOCATION ON AJ -.S
AT DIRECTION RECORDED WEATHER
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Now'sonom
.............
---------------
[director
Glen A. Anciter
Adm ' inistrative Aide
Dawn L. Wucki
Solid Waste coordinator
M. Lisa Angell
Water/Sewer Superintendent
Sean P. Dorsey
Sandra M. Clark
Vehicle/Equipment, Supeeintendent
James E. Guenther
Village Engineer
Jeffrey A. Wulbecker
Mount Prospect Public Works Department
1700 W. Central Road, Mount Prospect, Illinois 60056-2229
Phone 708/670-5640 Fax 708/253-9377 TOO 708/392-1235
AGENDA
SAFETY COMMISSION
MEETING LOCATION: MEETING DATE AND TIME.
Recycled Paper - Printed with Soy Ink
Io
a.
MAYOR
GERALD L. FARLE
TRUSTEES
GEORGE A, CLC'WES
TIMOTHY J. CORCORAN
RICHARD N. HEN TRICKS
PAUL "'"M. HOE1=rn?
MICHAELE i #C }
1 a moo e 'a ra* Mount, �` oswowkect
W Si
IRV'ANA K. WILKS
VILLAGE IRAN"FA
MICHAEL E. JANONIS
100 South Emerson Street Mount Prospect, Illinois 60056
VILLAGE CLERK
CAROL A. FIELDS
E N,DA
Phone: 708 392-6000
Fax: 70B 392.6022
ECONOAHC DEVELOPMENT CONDUSSION TDD: 708 ` 392-6064
Thursday, December 14,1995
Village Hall, 2nd Floor Conference Room
100 Sixth Emerson Street
Mount Prospect, Illinois
8,#0#00 A.M.
I.
CALL TO ORDER
Ii.,ROLL
CALL
:CII.
APPROVAL OF MINUTES NOVEMBER 2, 1995
IVW
OLD BUSINESS
A. Update of Current Projects
V.
NEW, BUSINESS
A. 1996 Economic Development Program Budget
B. Mount Prospect Video
C. Bess Liaison. Contact
V1.
C ' S REPORT
A. Sub -Committee Update
V 1.
ADJOURNMENT
Any *individual who would like to attend this meeting but because of a disability needs some
accommodation to p artici ate should contact the Community Development Department, at
100 South Emerson, Mount Prospect, Illinois, 708-392-6000, Ext. 5328, TDD #708-392-6064*
"De" emiber
am
MAY051
GERALD L, FARLEY
'14, Jima
TRUSTEES
GEORGE A., CLOWES
TIMOTHY J. CORCORAN
RICHARD N., HENDRICKS
PAUL WM. HOEFERT
V10 I I" a,gf e of Mount Prospect
WCHAELE W. SKOWRON
IR AN K..,WILKS
VILLAGE MANAGER
100 South Emerson Street Mount Prospect, Illinois 60056
MICHAEL E. JANONIS
VILLAGE CLERK
CAROL A,,, FIELDS
A G E N DA
(Prepared 12/5/95)
ZONING BOARD OF APPEALS
Mount Prospect Senior Center
50 South Emerson Street
7:30 P.M.
"De" emiber
gh
'14, Jima
-'Ro
ZBA-12-V-95 ....... W. D iane Chlopel;� 52 N. Albert St. - Van* ations
to 'increase. the maxirnum lot coverage from
fifty (50%) percent to fifty seven (57%)
percent and to decrease the rear year p
setback from twenty-five (25) feet to ten (10)
feet (Section 14.1205.B&C)VILLAGE
BOARD APPROVAL
ZBA-13-V-95 ... Patrick Scialo, 901 Golfvi*ew Dr. - Variation
to *increase the naxitnuNI' ht of a perimeter
fence from five (5) feet to eight (8) feet along
the rear property line, and from five (5) feet to
six (6) feet along the side property lines
(Section 14.304�D. Lb) ZBA, FINAL
ZBA-14#MCU-95........ Stimsonite Corporatior4 800 Biermann Court
Conditional Us 6 for a 250,000 square foot
II lastics processing facffity (Sec. 14.2103.20)
VILLAGE BOARD APPROVAL
ZBA-10-Z-95........... Mount Prospect Park District - 1000 West
Central Road (Former Trade Svs) - Rezone
from 1- 1 Limited Industrial to C-R
W 7
Conservat ion-Recre at 'ion. I v ILLAG E
BOARD APPROVAL
y
ZB 11 -AP - 5 .......... Steel Horses (Easy Riders) - 150 Rand Rd.
Appeal the Communa ity Development
Director's determination that tattoo studios are
not a permitted use within the B-4
Commercial District (Section 14.1802). ZBA
FINAL
Zoning Board of Appeals Agenda
Page 2
ZBA-15-A-95,........... Village of Mount Prospect - Amendment to
Zontng Ordinance Section 14.2208 ParkinLyho'
e
ntial iclg&j Re.*&de 12 1* Ltbs.I.A
ani. Section 7.325,,.S *al S'ans of the Sign
peci 1 -
Ordinance. VILLAGE BOARD
APPROVAL
b
ZBA-16-CU-95,,�..... Keith and Roberta Edmonson, 209 S. Pm - e St.
Conditional Use for a circular,"d,,n"ve (Section
14.2215) VILLAGE BOARD APPROVAL
ZBA-17-V-95............ lWchaeYRenee Anderson, 709N. ForestA
Variation to increase lot coverage from 50%
to 54% (Section 14.1005.C.1) ZBA FINAL
ZBA-1 Kra hu and Dolly Thomas, 520 E. Northwest
Hwy. - V�at1on to reduce req�tfired parking
spaces from nine (9) to three (3) spaces. (Sec.
14.2224) VILLAGE BOARD FINAL
ZBA-1 Nick and Elizabeth Tsombahs,1423 Semar Ct.-
0
Variation to m*crease the nammum, driveway
w '
i dt h from 26' to 30' (Section 142215.X.3)
ZBA FINAL
----------- - ------
January 25 . . ..... OPEN
ti
Any dild+ .l who would like to attend this meeting, but because of a disabffity needs some
1 '60 0
accommodation to participate, should contact the Commuxflty Development Department, ate
100 S. Emerson, Mount Prospect, 10L 60056, 708-392-6000, Ext* 5328, TDD #708-392-6064*