city of lockport agenda notice. meeting modification …€¦ · guidelines, it is recommended that...
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CITY OF LOCKPORT COMMITTEE OF THE WHOLE MEETING
AGENDA
WEDNESDAY, JUNE 17, 2020CITY HALL, 3RD FLOOR, BOARD ROOM
7:00 PM
NOTICE. MEETING MODIFICATION DUE TO COVID-19Pursuant to Gubernatorial Disaster Proclamation issued on May 29, 2020, specifically Section 12,the Senate Bill 2135 (101st General Assembly), Article 15, section 15-5, amending the Illinois OpenMeetings Act, new section 5 ILCS 120/7(e)(4), remote meetings of a public body are allowed duringa disaster declaration issued by the Governor. Therefore, the Mayor and members of the CityCouncil may be participating in the meeting remotely. Pursuant to Phase 3 of the Restore IllinoisPlan, the Illinois Department of Commerce & Economic Opportunity's Guidelines recommend bestpractices that limits an in-person meeting to 10 people or less with social distancing. Anyone inexcess of 10 people in the Board Room during the meeting will be asked to wait in another roomwith live feed to the meeting until the agenda item for which the person or persons would like tospeak on is being discussed or until the open floor for public comments. Pursuant to the DCEOGuidelines, it is recommended that any individual appearing in-person wear a face-covering to covertheir nose and mouth. Public comments can be emailed in advance of the meeting [email protected].
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
C. INTRODUCTION OR PROCLAMATION (REQUIRING NO FORMAL ACTION OR APPROVAL)
D. LIAISON'S REPORT
E. MAYOR'S REPORT1. Lockport Square Update
F. ITEMS RECOMMENDED TO BE PLACED ON THE AGENDA FOR CONSENT OR ACTION ATTHE NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING
FN-1. 2021 Budget Calendar
CA-1. Approving Professional Services Agreement with V3 for an Environmental Investigation &Regulatory Uses Review Application of the City-Owned 13-Acre Property at the Chevron 1
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Business Park.
AT-1. Amendment to Chapter 30 of the City of Lockport Code of Ordinances to Authorize theAppointment of Deputy Clerks
AT-2. Master Pole Attachment Agreement with Verizon
AT-3. Renewal of IDNR Lease Agreement No. 5057 for the Commuter Parking Lot for 5 years
G. NEW BUSINESS - MISCELLANEOUS
H. OPEN FLOOR FOR COMMENTS(Comments will be heard on items that do not appear on the Agenda. The Public Comment portionof the Agenda shall be subject to a twenty (20) minute limitation. A time limit of five (5) minutes shallbe imposed on each Speaker. The purpose of having Public Comments as an Agenda item is toallow any person to make his/her views known to the City Council upon any subject of general orpublic interest. Each person wishing to speak during the Public Comment portion of the Agenda must fill out aPublic Comment Speaker Card stating name, and the topic about which he/she wishes to speak aswell as a Sign-In Sheet, and give to the City Clerk at the Meeting itself. The purpose of the Cards isto obtain the spelling of the name of the Speaker, and provide for efficient meeting administration.The order of speaking shall be based upon the order of Sign-In with first person signing-in speakingfirst and so forth. If the twenty (20) minutes has elapsed before all Speakers who have signed up areallowed to speak, the City Council may elect to continue the time period. However, if the City Councilelects not to extend the time period those Speakers who signed up but did not speak may if they sochoose to be placed on the next Agenda under the Public Comments Section and shall be placed atthe top of the Sign-In Sheet in the same order they were in from the previous Sign-In Sheet. AllSpeakers shall comply with these rules which shall be posted at the Speaker Sign-in desk andrulings of the City Clerk.)
I. ADJOURNMENT
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Committee of the WholeAgenda Memorandum Item # FN-1
To: Mayor & City Council
From: Lisa Heglund, Finance Director
Subject: 2021 Budget Calendar
Date: Wednesday, June 17, 2020
BACKGROUND/HISTORYAttached please find the 2021 Budget Calendar. This is for informational purposes only.
PROS/CONS/ALTERNATIVESN/A
RECOMMENDATIONN/A
ATTACHMENTS2021 Budget Calendar
SPECIFIC CITY COUNCIL ACTION REQUIREDInformation Only
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TENTATIVE BUDGET CALENDAR Fiscal Year 2021 (January 2021 – December 2021)
Pre-Budget July/August
- The Finance Department will determine an estimate of final revenue and expenses for the 2020 Fiscal Year and projected revenue and expenses for 2021, 2022, and 2023.
Budget Kickoff August 21st
- Budget templates are distributed. Departments are to review projections and identify any items that they anticipate needing changes for.
September 14th
- Departmental budget revisions submitted to Finance Department
Budget Reviews September/October
- City Administrator and Finance Director meet with each Department Director to review proposed budget - City Administrator and Finance Director meet with individually Mayor and Alderman to review draft
budget
Council Reviews November 4th
- Presentation of the Budget at Committee of the Whole and make the budget available to the public at City Hall and on the City’s website
November 9th
- Publish Notice of Public Hearing for the 2021 Budget in the Herald News (send notice to paper 11/5) November 18th
- Public Hearing for the 2021 Budget, with open questions from the public and City Council - Presentation of the 2020 Tax Levy during the Committee of the Whole
November 23th
- Publish Notice of Public Hearing for Tax Levy in Herald News (if required) (send notice to paper 11/20)
Approval December 2nd
- Approval of the Budget at the City Council Meeting - Public Hearing for Tax Levy, with open questions from the public and City Council (if required) - If public hearing is NOT held-Approval of the Tax Levy at the City Council Meeting (Must file w/ County
by last Tuesday in December) December 16th
- If public hearing is held-Approval of the Tax Levy at the City Council Meeting (Must file w/ County by last Tuesday in December)
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Committee of the WholeAgenda Memorandum Item # CA-1
To: Mayor & City Council
From: Ben Benson, City Administrator
Subject: Approving Professional Services Agreement with V3 for an EnvironmentalInvestigation & Regulatory Uses Review Application of the City-Owned13-Acre Property at the Chevron Business Park.
Date: Wednesday, June 17, 2020
BACKGROUND/HISTORYBack in 2019 the City Council approved a Makers Park Study with Hitchcock Design Group forthe feasibility and analysis of the concept at the Chevron Business Park. From this, additionalconversations have been had about the potential future uses of the 13-acre property owned bythe City of Lockport. As indicated in discussions with the City Council at prior meetings, the Cityis considering relocating Old Canal Days Festival to the site for 2021 and beyond, but the Citywill need to obtain certain approval from the Illinois Environmental Protection Agency alsoknows as the lL EPA.
PROS/CONS/ALTERNATIVESChevron and Lockport have been partners on the land and its future uses for some time, but theIL EPA will have to approve the requested change in use requiring certain studies and additionalreviews by the ELUC and ground samples will need to be ascertained. The City will have tocontract with someone to perform those studies. V3 has consulted with the IL EPA on what isrequired and feel they have a detailed plan put together to achieve success, the cost is $58,000to complete the described work.
RECOMMENDATIONStaff is recommending approval of Resolution of 20-077, so we can proceed with the scope ofwork provided by V3 after deliberating with the IL EPA on what is being asked of the City for theproposed changes in land uses, in order to hold festivals and for the Makers Park activities inthe future.
ATTACHMENTS
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Resolution No. 20-077: V3 for IEPA Permit for Environmental Studies City-owned Parcel at ChevronBusiness Park
Task Order - Old Canal Days Environ Investigation & Closure 2020-0506
Property Indentification Depiction
Lockport Area 2 - Conv Parcel
SPECIFIC CITY COUNCIL ACTION REQUIREDRequest for item to be placed on the City Council agenda for consent or action
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RESOLUTION NO. 20-077
RESOLUTION APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH V3 COMPANIES FOR THE ENVIRONMENTAL INVESTIGATION & REGULATORY USES REVIEW APPLICATION OF
THE CITY-OWNED 13-ACRE PROPERTY AT THE CHEVRON BUSINESS PARK
WHEREAS, in order to improve in order to hold festivals and for the Makers Park activities
on the property owned by the City at the Chevron Business Park, the City needs to obtain approval of such uses from the Illinois Environmental Protection Agency; and
WHEREAS, V3 Companies has consulted with the IL EPA on what is required to obtain approval for these uses for the City-owned property and has a detailed plan to conduct the studies need for the approval; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LOCKPORT AS FOLLOWS: Section 1: Approve the Professional Services Agreement from V3 Companies to complete the
studies need and the environmental investigation & regulatory uses review application of the City-owned 13-acre property at the chevron business park.
Section 2: Authorize the City Administration to execute said Professional Services Agreement
with V3 Companies. Section 3: Effective Date: This Resolution shall become effective upon passage and approval
as provided by law PASSED this ________ day of __________, 2020. _____ ALDERMEN VOTING AYE ______ ALDERMEN VOTING NAY _____ ALDERMEN ABSTAINING ______ ALDERMEN ABSENT the MAYOR voting aye _____ voting nay _____ not voting _____ _____ BARTELSEN _____ SABAN _____ GILLOGLY _____ BERGBOWER _____ DESKIN _____ LOBES _____ PERRETTA _____ SCHREIBER _____ MAYOR _____________________________ Steve Streit, Mayor ATTEST: _____________________________ Kathleen Gentile, City Clerk
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7325 Janes Avenue, Woodridge, I l l inois 60517 | 630.724.9200 V3 | V is io , Verte re , V i r tute … The Vis ion to Transform with Exce l lence
May 6, 2020
Mr. Ben Benson Sent Via electronic mail: [email protected] City Administrator Central Square Building 222 East 9th Street Lockport, Illinois 60441-3497 RE: Task Order Request
Environmental Investigation & Regulatory Closure 13-acres – NW Corner of Canal Street and West 5th Street Lockport, Illinois
Dear Mr. Benson: On behalf of V3 Companies, we are pleased to submit this proposal for Professional Engineering Services on the above-referenced task order project. If you find this proposal to be acceptable, the executed copies of this letter in accordance with the Professional Services Agreement dated April 1, 2018 will constitute acceptance of this task order assignment.
PROJECT UNDERSTANDING
It is our understanding that the City wants to utilize 13-acres that it owns in the southeast corner of the former Texaco/Chevron refinery for the purpose of hosting a public event, Old Canal Days Festival. The former refinery soils were cleaned up and closed in a post-closure permit process with the Illinois EPA’s (IEPA’s) RCRA Unit. Groundwater is being addressed separately with IEPA and remains Chevron’s responsibility. The RCRA soil closure resulted in a No Further Action (NFA) determination and an Environmental Land Use Control (ELUC) for the Site that stipulates that only an industrial/commercial land use is allowed. During the City’s reuse inquiries with IEPA, the Agency indicated that a residential standard would be required to reuse the 13-acres for the intended public event purposes. Consequently, this portion of the former refinery will need a new residential standard determination and ELUC specifying that it is appropriate for the planned use. The required scope of work to obtain a new NFA determination that achieves residential standards and new ELUC includes review of existing environmental data for the 13-acres, development and submittal of a sampling and analysis plan (SAP) for IEPA RCRA Unit approval, additional soil sampling and analysis, evaluation of data against residential standards, and preparation of reporting for IEPA RCRA Unit review and approval. V3 will also coordinate submittals with Chevron, and will support the City and Chevron in the preparation of a new ELUC. The new ELUC, once recorded, is final document that will allow the intended reuse of the City 13-acres for public events. A detailed Scope of Services and assumptions is provided as Exhibit A.
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Page 2 Mr. Ben Benson
May 6, 2020
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COMPENSATION
V3 shall invoice the City per the terms of the Professional Services Agreement: ENVIRONMENTAL SERVICES
REGULATORY CLOSURE SERVICES SCOPE EXHIBIT FEE Task 1 Pre-Investigation Scope Coordination A $ 2,000 Hourly Task 2 Sampling and Analysis Plan / IEPA Approval A $ 6,000 Hourly Task 3 Site Investigation and Laboratory Sample Analysis A $ 25,000 Hourly Task 4 Data Evaluation and IEPA (RCRA) Reporting A $ 15,000 Hourly Task 5 ELUC Amendment Support A $ 5,000 Hourly Task 6 Coordination and Response to IEPA Comments A $ 5,000 Hourly Total Fee: $ 58,000 MISCELLANEOUS EXHIBITS EXTENT OF TASK ORDER REQUEST B V3 BILLING RATE SCHEDULE The above fees are lump sum unless noted otherwise. Where fees are noted as “Hourly” the fee will be based on the hours expended on the tasks by V3 employees multiplied by their applicable billing rate and any expenses and subcontracted services. The fee listed is a cap that will not be exceeded without prior authorization of the client. CLIENT will be invoiced monthly for Professional Services and reimbursable expenses. We appreciate the opportunity to present this proposal and look forward to working with the City of Lockport on this project. Sincerely, V3 COMPANIES, LTD.
Keith R. Oswald, P.E. Technical Director – Environment & Geosciences
Accepted For: CITY OF LOCKPORT By: ______________________________ Title: ______________________________ Date: ______________________________
Attachments: Exhibits A – B V3 Billing Rate Schedule
Cc: Brent Cann / Philip Hyma – City of Lockport Kurt Corrigan / Lori Prokes – V3
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EXHIBIT A – REMEDIAL INVESTIGATION, SPECIFICATION & REPORTING
PRE-INVESTIGATION SCOPE COORDINATION
V3 will perform the following services during this phase:
1. Participate on conference calls with City and Chevron representatives to discuss site conditions and obtain the reporting and data that underpin the existing No Further Action (NFA) determinations and existing ELUCs.
2. Participate in teleconference calls with IEPA RCRA Unit representatives, Rob Watson (RCRA Unit Manager) and Takako Halteman (RCRA PM), to discuss process, reporting and related RCRA permit / certification of closure amendment and ELUC requirements.
SAMPLING AND ANALYSIS PLAN / IEPA APPROVAL
V3 will perform the following services during this phase:
1. Review existing data and site conditions per the NFA reports (to be provided by Chevron representatives) and compare to Tier 1 residential remediation objectives.
2. Discuss framework and conceptual scope of work and confirm required sample analytes (i.e., contaminants of concern) via teleconference with RCRA representatives (Takako Halteman).
3. Use the above evaluation and existing data in an effort to narrow the scope of the investigation and prepare a proposed sampling and analysis plan (SAP), including:
a. Number and approximate soil boring and sample locations.
b. Number of soil samples and related contaminant parameters for laboratory testing.
c. Standard operating procedures for field investigation, sample collection and analysis.
d. QA / QC requirements and plan.
4. Distribute the proposed SAP to City of Lockport and Chevron representatives for review and approval.
5. Upon SAP approval and finalization, submit proposed SAP to IEPA RCRA representatives (Takako Halteman) for review and approval.
6. Respond to any questions during review.
SITE INVESTIGATION AND LABORATORY SAMPLE ANALYSIS
The following site investigation and analysis scope of work is assumed. While V3 anticipates that IEPA will approve a scope of work that is less than or no more than what is outlined below, the actual scope is subject to IEPA review and approval and subject to change.
V3 will perform the following services during this phase: 10
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1. Prepare a site Health and Safety Plan (HASP).
2. Retain a drilling contractor who will use a rig or vehicle-mounted push-probe (Geoprobe) to advance soil borings and collect samples.
3. Coordinate drilling subcontractor and private utility locator to clear utilities and mobilize to the Site.
4. Provide a field engineer or geologist to screen and log soil cores and collect samples for delivery to a NELAP accredited laboratory for analysis.
5. A portable photoionization detector (PID) will be used to monitor ambient air conditions during drilling, and to screen soil samples for the presence of volatile organic compounds.
6. Samples locations will be chosen to provide even coverage across the site at a rate of approximately two samples per acre.
7. Locate and map sample locations via handheld GPS unit.
8. It is assumed at this time that the SAP will include:
a. Advancement of up to than 28 soil borings via push-probe methods.
b. The focus of the soil sampling will be the unconsolidated soils (fill import and un-remediated soils) overlying bedrock; bedrock samples will not be collected.
c. Collection and analysis of up to 35 soil samples,
d. Up to 35 soil samples will be analyzed for one or more of the following: - VOCs - SVOCs - Priority Pollutant Metals (Totals)
- Leachable Metals (TCLP/SPLP) - Foc and pH
DATA REVIEW AND IEPA (RCRA) REPORTING
V3 will perform the following services during this phase:
1. Concentrations of detected compounds will be compared to the Tier 1 remediation objectives specified per the State of Illinois 35 Illinois Administrative Code (IAC), Part 742 Tiered Approach to Corrective Action Objectives (TACO) for residential land use and the construction worker population.
2. A preliminary verbal report will be provided to CLIENT upon receipt of initial results.
3. If necessary in the event of sample results failing Tier 1 residential remediation objectives, this evaluation may include:
a. the development of statistical analyses (i.e., 95% UCLs) to demonstrate compliance with Tier 1, or
b. the development of Tier 2 site-specific remediation objectives to determine whether residential standards can be achieved without the need for remediation.
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4. In the event that any exceedances of Tier 1 residential remediation objectives cannot be resolved by statistical analyses or the calculation site-specific remediation objectives, a cost estimate will be prepared for remediation (if required).
5. A conference call will be held with CLIENT to discuss project findings, next steps and related recommendations.
6. Prepare a written Site Investigation and TACO Evaluation / Remediation Objectives report (Report) that summarizes the work performed, field conditions encountered TACO evaluations, and findings and conclusions of the investigation. The report will include:
a. Narrative describing the work and findings;
b. Figures depicting the site and sample locations;
c. Tables of the analytical results compared to Illinois EPA TACO Tier 1 remediation objectives;
d. Statistical analyses or Tier 2 calculations;
e. Soil boring logs which describe the soil types, subsurface conditions and field screening results; and
f. Laboratory reports.
7. Distribute the draft Report to City of Lockport and Chevron representatives for review and approval, and make any required edits to finalize.
8. Upon finalization, submit Report to IEPA RCRA representatives (Takako Halteman) for review and approval.
9. Address any questions during IEPA review for approval of a NFA determination that achieves residential standards.
ELUC AMENDMENT SUPPORT
V3 will perform the following services during this phase:
1. Produce necessary mapping and technical content / language required for the new ELUC for the 13-acres.
2. Perform same, as may be required, to amend the existing ELUC(s) to carve out the City’s 13-acres.
3. Assist and coordinate with the City and Chevron in the development with the RCRA post-closure permit / certification of closure amendment request documents.
4. Upon IEPA’s NFA determination and acceptance of the new ELUC(s), and the City’s County recording of same, the regulatory requirements for reuse of the 13-acres of public events will be complete.
COORDINATION AND RESPONSE TO IEPA COMMENTS
V3 will perform the following services during this phase: 12
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1. Coordinate reviews with IEPA RCRA Unit
2. Respond to comments on the proposed SAP and the TACO Report to obtain approval of the NFA determination achieving residential standards and the ELUC(s) required to allow reuse of the 13-acres for public events.
3. Assumes comments require no additional field investigation and are limited in nature to clarifications, simple analyses and other housekeeping items required to obtain final approvals.
EXHIBIT B | Extent of Task Order Request
This Task Order is for the noted environmental engineering, regulatory closure and subsurface investigation services. Services not described herein, shall be provided as Additional Services and separate to a change order or separate Task Order request. For clarification, this Task Order does not include services for:
1. Additional site investigations beyond those stated within the proposed scope of services.
2. Soil gas or groundwater sampling for evaluating the Indoor Inhalation (i.e., vapor intrusion) exposure pathway.
3. Remediation design and specification.
4. Remediation oversight, verification sampling and reporting.
5. Bidding phase services related to providing bid specifications, soliciting bids and qualifying contractor bids for environmental remediation or construction phase services.
6. Soil management and construction contingency plans (SMCCPs).
7. Landfill waste characterization sample(s) and the preparation and coordination of waste profile for landfill waste acceptance.
8. Preparation and coordination of Clean Construction or Demolition Debris (CCDD) IEPA LPC 663 or similar packages for any required spoils export and acceptance.
9. IEPA reporting beyond those stated within the proposed scope of services. V3 can provide scope and fee for the above services as they become required.
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Y:\Proposals & SOQ's\_ PROPOSAL PIECES\_ Billing Rates & Terms‐Conditions\2020\2020_V3 Billing Rates.docx
V3 COMPANIES BILLING RATE SCHEDULE
(Rates effective January 1, 2020 through December 31, 2020)
Description Hourly Rate
Principal/Director 210.00
Operations Director 200.00
Senior Project Manager 200.00
Senior Estimator 200.00
Superintendent 170.00
Resident Engineer II 170.00
Senior Ecologist 170.00
Resident Construction Manager II 165.00
Project Manager II 160.00
Resident Construction Manager I 155.00
Project Manager I 150.00
Resident Engineer I 145.00
Senior Project Engineer 145.00
Construction Administrator III 140.00
Project Engineer II 135.00
Project Scientist II 130.00
Project Engineer I 130.00
Landscape Architect II 125.00
Senior Construction Technician 125.00
Landscape Architect I 115.00
Project Scientist I 115.00
Project Surveyor III 110.00
Senior Technician 110.00
Construction Technician III 110.00
Design Technician III 110.00
Project Designer III 105.00
Engineer III 105.00
Project Surveyor I/II 105.00
Scientist III 100.00
Construction Administrator II 100.00
Technician III 95.00
Engineer I/II 95.00
Designer I/II 90.00
Scientist I/II 90.00
Field Ecologist 85.00
Technician I/II 80.00
Project Coordinator 60.00
Survey Crew* 195.00
*Time is charged portal to portal
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Laboratory Analyses (Std. TAT)
Full Target Compound List (VOCs, SVOCs, PCBs/ Pesticides, pH, TAL total metals) $ 575 VOCs $ 95 BTEX $ 45 BTEX/MTBE $ 50 SVOCs $ 215 PNAs/PAHs $ 95 PCBs $ 60 Pesticides $ 95 PCBs/Pesticides $ 140 Target Analyte List (TAL) Metals (Totals) $ 180 RCRA 8 Metals (Totals) $ 90 RCRA 8 Metals (SPLP or TCLP) $ 145 Single (except Hg) Metal (SPLP or TCLP) $ 75 pH $ 10 TPH (Gas/Diesel/Oil) $ 75 Fractional Organic Carbon (Foc) $ 40 Method 5035 VOCs Sample Kits $ 15 IL Greensheet (Code R/F List/PCB) Waste Scan (w/o TCLP Pests./Herbs.) $1,000 Code CG Waste Scan (Flashpoint, Paint Filter, pH, TCLP Lead) $ 125 Laboratory Analysis Standard Analysis Turn-Around-Time (TAT) is 5 – 7 business days. Expedited TAT upon
CLIENT request: 24 hr – 48 hr TAT @ 100% laboratory markup; 72 hr TAT @ 50% laboratory markup; 96 hr TAT @ 25% laboratory markup.
Unit Charges
Photo-ionization Detector (PID) $150/day
PPE/Environmental Health & Safety Consumables $ 45/day
Hand-held Trimble GPS Unit $100/day
Water Level Indicator $ 20/day
Monitoring Well Locks $ 15/ea
Peristaltic Pump $ 35/day
Teflon Tubing (groundwater sampling) $ 40/well
Low-flow Groundwater Sampling Equipment $175/day
Water Quality Multi-Parameter Probe $175/day
Transducer $150/day
Soil Gas Field Equipment $300/day
Vehicle mileage will be billed at the current IRS rate.
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1252 Commerce Drive
Laramie, WY 82070www.trihydro.com
(P) 307/745.7474 (F) 307/745.7729
Drawn By: PH Scale: 1" = 200' Date: 2/22/17
AREA 2 SUBJECT PROPERTY
FORMER TEXACO LOCKPORT REFINERY
LOCKPORT, ILLINOIS
Checked By: BK File: Lockport_Area2_ConvParcel.mxd
0 200 '
EXPLANATION
PROPOSED EASEMENT
PROPERTY AREA
10.5 ACRES
3.17 ACRES
2016 Google Earth Image
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Committee of the WholeAgenda Memorandum Item # AT-1
To: Mayor & City Council
From: Sonni Williams, City Attorney
Subject: Amendment to Chapter 30 of the City of Lockport Code of Ordinances toAuthorize the Appointment of Deputy Clerks
Date: Wednesday, June 17, 2020
BACKGROUND/HISTORYFor municipalities, the city clerk may appoint deputy clerks without council confirmation so longas the corporate authorities authorize the appointment of deputy clerks generally. 65 ILCS5/3.1-30-10(b). In the past, out of practice, the elected clerks of the City of Lockport haveappointed a deputy clerk to do the duties and functions of the city clerk, but there has neverbeen a formal authorization to appoint deputy clerks generally.
Attached Ordinance No. 20-019 is the formal authorization by the City Council to authorizeappointments of deputy clerks generally and then, the City Clerk will still be allowed to appointdeputy clerks that the City Clerk deems appropriate to perform the duties and functions as aCity Clerk in the City Clerk’s absence.
PROS/CONS/ALTERNATIVESFormalizes the authorization to appoint deputy clerks generally with the City Clerk continuingher ability to appoint deputy clerks to perform duties and functions in absence of the City Clerk.
RECOMMENDATION
ATTACHMENTSOrdinance 20-019: Authorization of Appointment of Deputy Clerks
SPECIFIC CITY COUNCIL ACTION REQUIREDApprove Ordinance No. 20-019
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1
ORDINANCE NO. 20-019
AN ORDINANCE AMENDING CHAPTER 30 OF THE LOCKPORT CODE OF ORDINANCES AUTHORIZING THE APPOINTMENT OF DEPUTY CITY CLERKS
Published in pamphlet form by authority of the Mayor and the City Council of the City of Lockport, Will County, Illinois,
this ___ day of _______, 2020.
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ORDINANCE NO. 20-019
AN ORDINANCE AMENDING CHAPTER 30 OF THE LOCKPORT CODE OF ORDINANCES AUTHORIZING THE APPOINTMENT OF DEPUTY CITY CLERKS
WHEREAS, the City of Lockport is a home rule municipality as defined by Section 6(a) of Article VII of the Illinois Constitution of 1970; and
WHEREAS, the Illinois Municipal Code allows a city clerk to appoint deputy clerks without council confirmation so long as the corporate authorities authorize the appointment of deputy clerks generally. 65 ILCS 5/3.1-30-10(b); and
WHEREAS, there is no record indicating prior formal authorization by the City Council to
authorize appointments of deputy clerks generally; and WHEREAS, the City Clerk will still be allowed to appoint deputy clerks that the City Clerk
deems appropriate to perform the duties and functions as a City Clerk in the City Clerk’s absence.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOCKPORT, ILLINOIS as follows:
SECTION 1. Chapter 30 of the Lockport Municipal Code is hereby amended by adding
the underlined and deleting the stricken as follows:
*** § 30.026 FURTHER DUTIES OF CLERK.
The City Clerk shall attend all meetings of the City Council, keep the minutes of all its proceedings, and record the same in books to be provided by the City Council and to be kept in his or her office. He or she shall do and perform such other duties as may from time to time be enjoined upon him or her by ordinance or resolution of the City Council. The City Clerk may appoint a deputy or deputies, who, in the absence of the Clerk, in case of sickness or otherwise, shall be empowered to perform all the duties of the City Clerk. Said appointed deputy or deputies shall not be entitled to compensations prescribed in § 30.029.
SECTION 2: All ordinances, resolutions, orders, or parts thereof, which conflict with the provisions of this Ordinance, to the extent of such conflict, are hereby repealed.
SECTION 3: Upon approval and adoption, this Ordinance shall be in full force and in
effect upon publication as provided by law.
PASSED this ______ day of _______________________, 2020, with
_____ALDERMEN voting aye ______ALDERMEN abstaining _____ALDERMEN voting nay ______ALDERMEN absent
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The MAYOR voting aye ______, voting nay ______, not voting ______ _____ BARTELSEN _____ BERGBOWER _____ DESKIN _____ GILLOGLY _____ LOBES _____ PERRETTA ______ SABAN ____ SCHREIBER _____ MAYOR _______________________________ Steven Streit, Mayor ATTEST: _______________________________ Kathleen Gentile, City Clerk
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Committee of the WholeAgenda Memorandum Item # AT-2
To: Mayor & City Council
From: Sonni Williams, City Attorney
Subject: Master Pole Attachment Agreement with Verizon
Date: Wednesday, June 17, 2020
BACKGROUND/HISTORYOn July 18, 2018, in response to the Small Wireless Facilities Deployment Act, the City Councilapproved Ordinance No. 18-35 that created Chapter 56: Small Wireless Facilities into the City’sCode of Ordinances in order to retain some local control over how and where small wirelessfacilities (small cells) could be attached to municipal utility poles or other structures. The Actrequired municipalities to adopt an ordinance or schedule of fees by August 1, 2018, otherwisewireless providers would be allowed to attach small wireless facilities and install utility poleson their own accord without approval from the municipality as long as they complied with therequirements of the Act. The newly created Chapter 56 followed the guidelines and limitationset by the Act, but added a provision, Section 56.06, that prohibits the collocation of the smallcells on any portion of the historic-style decorative street light system within the City’s HistoricPreservation District and requires that the small cell if so allowed in the City’s HistoricPreservation District (downtown), obtain a certificate of appropriateness from the City’sHeritage & Architecture Commission with the condition that such approval cannot beunreasonably withheld. Also in the newly created Chapter 56 and as provided in the Act, theCity and the wireless providers could by agreement enter into a master pole attachmentagreement.
City staff recently met with Verizon's representatives to discuss their interest in entering into amaster pole attachment agreement. The attached agreement has been reviewed and revised bythe City Attorney to ensure that the agreement complies with the Act, Chapter 56 of the City'sCode of Ordinances, and maintains local protection of the historic downtown areas. Verizon hasagreed to notify the City in advance of the locations of the collocations of the small cells so thatif there are any issues with a particular location, another alternate location can be agreed upon.
PROS/CONS/ALTERNATIVES22
RECOMMENDATION
ATTACHMENTSResolution 20-074: Verizon Master Pole Attachment Agreement
Master Pole Attachment Agreement with Verizon
SPECIFIC CITY COUNCIL ACTION REQUIREDRequest for item to be placed on the City Council agenda for consent or action
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RESOLUTION NO. 20-074
A RESOLUTION APPROVING MASTER POLE ATTACHMENT AGREEMENT WITH VERIZON WIRELESS
WHEREAS, the Small Wireless Facilities Deployment Act (Act) allows additional telecommunication hardware to be added to utility poles, light poles and other structures in the public right-of-way as wireless carriers implement 5G technology and enhance cellular transmission; and
WHEREAS, on July 18, 2018, the City Council approved Ordinance No. 18-35 that created
Chapter 56 into the City’s Code of Ordinances in order to retain some local control over how and where small wireless facilities (small cells) could be attached to municipal utility poles or other structures; and
WHEREAS, the attached Master Pole Attachment Agreement comports with the
requirements of the Act and Chapter 56 of the Code of the City of Lockport; and WHEREAS, the Mayor and the City Council of the City of Lockport find that it is in the City’s
best interest to enter into the attached Master Pole Attachment Agreement with Verizon Wireless.
NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Lockport, Will
County, Illinois, As follows:
SECTION 1: The attached Master Pole Attachment Agreement with Verizon Wireless is
approved.
SECTION 2: The Mayor and City Clerk are authorized and directed, to sign and attest
the attached Agreement, original and copies as needed.
SECTION 3: This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
PASSED this ______ day of _______________________, 2020, with _____ALDERMEN voting aye ______ALDERMEN abstaining _____ALDERMEN voting nay ______ALDERMEN absent The MAYOR voting aye ______, voting nay ______, not voting ______ _____ BARTELSEN _____ BERGBOWER _____ DESKIN _____ GILLOGLY _____ LOBES _____ PERRETTA ______ SABAN ____ SCHREIBER
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_____ MAYOR _______________________________ Steven Streit, Mayor ATTEST: _______________________________ Kathleen Gentile, City Clerk
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MASTER POLE ATTACHMENT AGREEMENT
This Master Pole Attachment Agreement (Agreement) made this _____day of ____________, 2020, between the City of Lockport, with its principal offices located at 222 E. 9th St., Lockport, IL 60441, hereinafter designated LICENSOR and Chicago SMSA Limited Partnership d/b/a Verizon Wireless, an Illinois limited partnership, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, NJ 07920, hereinafter designated LICENSEE. LICENSOR and LICENSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party."
WITNESSETH
WHEREAS, LICENSOR is the owner, of certain utility poles, wireless support structures, and/or real property, which are located within the geographic area of a license to provide wireless services licensed by the Federal Communications Commission (FCC) to LICENSEE; and
WHEREAS, LICENSEE desires to install, maintain and operate small wireless facilities in and/or upon certain of LICENSOR's utility poles, wireless support structures and/or real property; and
WHEREAS, LICENSOR and LICENSOR acknowledge that any term used in this
Agreement that is defined in Section 56.02 of Chapter 56, Small Wireless Facilities (Ordinance No. 18-035, as now or hereafter amended) shall have the meaning provided therein; and
WHEREAS, LICENSOR and LICENSEE acknowledge that the terms of this Agreement
are nondiscriminatory, competitively neutral and commercially reasonable. WHEREAS, LICENSOR and LICENSEE desire to enter into this Agreement to define the general terms and conditions which would govern their relationship with respect to particular sites at which LICENSOR may wish to permit LICENSEE to install, maintain and operate small wireless facilities as hereinafter set forth; and WHEREAS, LICENSOR and LICENSEE acknowledge that they will enter into a License Supplement (Supplement), a copy of which is attached hereto as Exhibit A, with respect to any particular location or site which the Parties agree to license; and WHEREAS, the Parties acknowledge that different related entities may operate or conduct the business of LICENSEE in different geographic areas and as a result, each Supplement may be signed by LICENSEE affiliated entities as further described herein, as appropriate based upon the entity holding the FCC license in the subject geographic location. NOW THEREFORE, in consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1) PREMISES. Pursuant to all of the terms and conditions of this Agreement and the
applicable Supplement, LICENSOR agrees to license to LICENSEE that certain space on or upon LICENSOR's utility poles, and/or wireless support structures as more fully described in each Supplement to be executed by the Parties hereinafter referred to as the “Premises”, for the installation, operation, maintenance, repair and modification of small wireless facilities; together with the non-exclusive right of ingress and egress from a public right-of- 26
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way, seven (7) days a week, twenty four (24) hours a day, over the Property (as defined below) and to and from the Premises for the purpose of installation, operation, maintenance, repair and modification of LICENSEE’s small wireless facilities. The LICENSOR’s utility poles, wireless support structures and other poles and towers are hereinafter referred to as “Pole” and the entirety of the LICENSOR’s property is hereinafter referred to as "Property". In the event there are not sufficient electric and telephone, cable or fiber utility sources located at the Premises or on the Property, LICENSOR agrees to grant LICENSEE the right to install such utilities on, over and/or under the Property and to the Premises as necessary for LICENSEE to operate its communications facility, but only from duly authorized provider of such utilities, provided the location of such utilities shall be designated by LICENSOR.
2) PERMIT APPLICATION. For each small wireless facility, LICENSEE shall submit an application to LICENSOR for permit that includes:
a) Site specific structural integrity and, for LICENSOR’S utility pole or wireless support structure, make-ready analysis prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989;
b) The location where each proposed small wireless facility or utility pole would be installed and photographs of the location and its immediate surroundings depicting the utility poles or structures on which each proposed small wireless facility would be mounted or location where utility poles or structures would be installed. This should include a depiction of the completed facility;
c) Specifications and drawings prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989, for each proposed small wireless facility covered by the application as it is proposed to be installed;
d) The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
e) A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved; and
f) Certification that the collocation complies with LICENSOR’s Small Wireless Facilities Ordinance requirements, to the best of the applicant’s knowledge.
g) The application fee due.
3) APPLICATION FEES. Application fees are subject to the following requirements:
a) LICENSEE shall pay an application fee of $650 for an application to collocate a single small wireless facility on an existing utility pole or wireless support structure and $350 for each small wireless facility addressed in a consolidated application to collocate more than one small wireless facility on existing utility poles or wireless support structures.
b) LICENSEE shall pay an application fee of $1,000 for each small wireless facility
addressed in an application that includes the installation of a new utility pole for such
collocation.
c) Notwithstanding any contrary provision of State law or local ordinance, applications
pursuant to this Section must be accompanied by the required application fee.
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d) LICENSOR shall not require an application, approval, or permit, or require any fees or
other charges, from LICENSEE, for:
i) routine maintenance; or
ii) the replacement of wireless facilities with wireless facilities that are substantially
similar, the same size, or smaller if LICENSEE notifies LICENSOR at least 10 days
prior to the planned replacement and includes equipment specifications for the
replacement of equipment consistent with the requirements of this Agreement; or
iii) the installation, placement, maintenance, operation, or replacement of small wireless
facilities that are suspended on cables that are strung between existing utility poles
in compliance with applicable safety codes, provided this provision does not
authorize such facilities to be suspended from municipal electric lines, if any.
LICENSEE shall secure a permit from LICENSOR to work within rights-of-way for activities that affect traffic patterns or require lane closures.
4) REQUIREMENTS.
a) LICENSEE's operation of the small wireless facilities shall not interfere with the frequencies used by a public safety agency for public safety communications. LICENSEE shall install small wireless facilities of the type and frequency that will not cause unacceptable interference with a public safety agency's communications equipment. Unacceptable interference will be determined by and measured in accordance with industry standards and the FCC's regulations addressing unacceptable interference to public safety spectrum or any other spectrum licensed by a public safety agency. If a small wireless facility causes such interference, and LICENSEE has been given written notice of the interference by the public safety agency, LICENSEE, at its own expense, shall take all reasonable steps necessary to correct and eliminate the interference, including, but not limited to, powering down the small wireless facility and later powering up the small wireless facility for intermittent testing, if necessary. The LICENSOR may terminate a permit for a small wireless facility based on such interference if LICENSEE is not making a good faith effort to remedy the problem in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC including 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
b) LICENSEE shall not install devices on the existing utility pole or wireless support structure that extend beyond 10 feet of the poles existing height.
c) LICENSEE shall install pole mounted equipment at a minimum of 8 feet from the ground.
d) LICENSEE shall be limited to one (1) cabinet or other ground mounted device for ground mounted installations.
e) LICENSEE shall paint or otherwise camouflage antennas, mounting hardware, and other devices to match or complement the structure upon which they are being mounted.
f) LICENSEE shall install landscaping at the base of poles with respect to any ground equipment installed by LICENSEE on which devices are being installed as required by Chapter 56 of LICENSOR’s Code of Ordinances of the LICENSOR.
g) LICENSEE shall comply with all the terms and conditions of LICENSOR’s Chapter 53 of LICENSOR’s Code of Ordinances in regards to construction of utility facilities.
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h) LICENSEE shall comply with requirements that are imposed by a contract between the LICENSOR and a private property owner that concern design or construction standards applicable to utility poles and ground-mounted equipment located in the right-of-way.
i) LICENSEE shall comply with applicable spacing requirements in Chapter 56 of LICENSOR’s Code of Ordinances concerning the location of ground-mounted equipment located in the right-of-way.
j) LICENSEE shall comply with Chapter 56 of LICENSOR’s Code of Ordinances concerning undergrounding requirements or determinations from the municipal officer or employee in charge of municipal utilities, in any.
k) LICENSEE shall comply with Chapter 56 of LICENSOR’s Code of Ordinances for construction and public safety in the rights-of-way, including, but not limited to, wiring and cabling requirements, grounding requirements, utility pole extension requirements, and signage limitations; and shall comply with reasonable and nondiscriminatory requirements that are consistent with PA 100-0585 and adopted by LICENSOR regulating the location, size, surface area and height of small wireless facilities, or the abandonment and removal of small wireless facilities.
l) LICENSEE shall not collocate small wireless facilities within the communication worker safety zone of the pole or the electric supply zone of the pole on LICENSOR utility poles that are part of an electric distribution or transmission system. However, the antenna and support equipment of the small wireless facility may be located in the communications space on the LICENSOR utility pole and on the top of the pole, if not otherwise unavailable, if LICENSEE complies with Chapter 56 of LICENSOR’s Code of Ordinances] for work involving the top of the pole. For purposes of this subparagraph, the terms "communications space", "communication worker safety zone", and "electric supply zone" have the meanings given to those terms in the National Electric Safety Code as published by the Institute of Electrical and Electronics Engineers.
m) LICENSEE shall comply with the Chapter 56 of LICENSOR’s Code of Ordinances that concern public safety.
n) LICENSEE shall install, maintain, repair and modify its small wireless facilities in safe condition and good repair and in compliance with the requirements and conditions of this Agreement. LICENSEE shall ensure that its employees, agents or contractors that perform work in connection with its small wireless facilities are adequately trained and skilled in accordance with all applicable industry and governmental standards and regulations.
o) LICENSEE shall comply with any stealth, concealment, design and aesthetic standards applicable to utility installations in the public right-of-way, as set forth in Ch. 53 (Construction of Utility Facilities in the Rights of Way) of this Code, as well as any written design standards that are generally applicable for decorative utility poles, or stealth, concealment, and aesthetic requirements that are identified by LICENSOR in an Ordinance or written policy adopted by LICENSOR, LICENSOR’s comprehensive plan or other written design plan that applies to other occupiers of the rights-of-way, including on a historic landmark or in a historic district.
p) LICENSOR requires the following design or concealment measures in a historic district or historic landmark:
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(1) Small wireless facilities shall not be mounted upon any portion of the historic-style decorative street lighting system within the city's Historic Preservation District;
(2) Small wireless facilities shall be comprised of materials that are consistent with the surrounding elements so as to be concealed or to blend architecturally with any buildings or structures designated as historic landmarks or located within a designated historic district, including the city's Historic Preservation District, and shall be designed to blend with the surrounding historical landmarks and/or district in design and color.
(3) Small wireless facilities, to the extent allowed within the Historic Preservation District, must be reviewed and approved for appropriateness by the city's Heritage and Architecture Commission prior to installation. Such approval shall not be unreasonably withheld.
Any such design or concealment measures, including restrictions on a specific category of poles, may not have the effect of prohibiting any LICENSEE’s technology. Such design and concealment measures shall not be considered a part of the small wireless facility for purposes of the size restrictions of a small wireless facility. This paragraph may not be construed to limit LICENSOR’s enforcement of historic preservation in conformance with the requirements adopted pursuant to the Illinois State Agency Historic Resources Preservation Act or the National Historic Preservation Act of 1966, 54 U.S.C. Section 300101 et seq. and the regulations adopted to implement those laws.
5) APPLICATION PROCESS. LICENSOR shall process applications as follows:
a) An application to collocate a small wireless facility on an existing utility pole, replacement
of an existing utility pole or wireless support structure owned or controlled by LICENSOR
shall be processed by LICENSOR and deemed approved if LICENSOR fails to approve
or deny the application within 90 days. However, if LICENSEE intends to proceed with
the permitted activity on a deemed approved basis, LICENSEE must notify LICENSOR
in writing of its intention to invoke the deemed approved remedy no sooner than 75 days
after the submission of a completed application. The permit shall be deemed approved
on the latter of the 90th day after submission of the complete application or the 10th day
after the receipt of the deemed approved notice by LICENSOR. The receipt of the
deemed approved notice shall not preclude LICENSOR's denial of the permit request
within the time limits as provided under Chapter 56 of Code of the City of Lockport.
b) An application to collocate a small wireless facility that includes the installation of a new
utility pole shall be processed and deemed approved if LICENSOR fails to approve or
deny the application within 120 days. However, if LICENSEE applicant intends to
proceed with the permitted activity on a deemed approved basis, the applicant must
notify LICENSOR in writing of its intention to invoke the deemed approved remedy no
sooner than 105 days after the submission of a completed application. The permit shall
be deemed approved on the latter of the 120th day after submission of the complete
application or the 10th day after the receipt of the deemed approved notice by
LICENSOR. The receipt of the deemed approved notice shall not preclude LICENSOR's
denial of the permit request within the time limits as provided under Chapter 56 of Code
of the City of Lockport, as now or hereafter amended.
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c) LICENSOR shall approve an application unless the application does not meet the
requirements of Chapter 56 of Code of the City of Lockport, as now or hereafter
amended.
d) If LICENSOR determines that applicable codes, local code provisions or regulations that
concern public safety, or the Requirements of Chapter 56 of Code of the City of Lockport
require that the utility pole or wireless support structure be replaced before the
requested collocation, approval may be conditioned on the replacement of the utility pole
or wireless support structure at the cost of LICENSEE. LICENSOR must document the
basis for a denial, including the specific code provisions or application conditions on
which the denial was based, and send the documentation to LICENSEE on or before the
day LICENSOR denies an application. LICENSEE may cure the deficiencies identified
by LICENSOR and resubmit the revised application once within 30 days after notice of
denial is sent to the applicant without paying an additional application fee. LICENSOR
shall approve or deny the revised application within 30 days after LICENSEE resubmits
the application or it is deemed approved. However, LICENSEE must notify LICENSOR
in writing of its intention to proceed with the permitted activity on a deemed approved
basis, which may be submitted with the resubmitted application. Any subsequent review
shall be limited to the deficiencies cited in the denial. However, this revised application
cure does not apply if the cure requires the review of a new location, new or different
structure to be collocated upon, new antennas, or other wireless equipment associated
with the small wireless facility.
e) COMPLETENESS OF APPLICATION. Within 30 days after receiving an application, the
LICENSOR shall determine whether the application is complete and notify the applicant.
If an application is incomplete, the LICENSOR shall specifically identify the missing
information. An application shall be deemed complete if the LICENSOR fails to provide
notification to the applicant with 30 days after all documents, information and fees
specifically enumerated in the LICENSOR’s permit application form are submitted by the
application to the LICENSOR. Processing deadlines are tolled from the time the
LICENSOR sends the notice of incompleteness to the time the applicant provides the
missing information.
f) TOLLING. The time period for applications may be further tolled by the express
agreement in writing by both LICENSOR and LICENSEE; or a local, State or federal
disaster declaration or similar emergency that causes the delay.
g) CONSOLIDATED APPLICATIONS. A LICENSEE seeking to collocate small wireless
facilities within the jurisdiction of LICENSOR shall be allowed, at LICENSEE's discretion,
to file a consolidated application and receive a single permit for the collocation of up to
25 small wireless facilities if the collocations each involve substantially the same type of
small wireless facility and substantially the same type of structure. If an application
includes multiple small wireless facilities, LICENSOR may remove small wireless facility
collocations from the application and treat separately small wireless facility collocations
for which incomplete information has been provided or that do not qualify for
consolidated treatment or that are denied. LICENSOR may issue separate permits for
each collocation that is approved in a consolidated application.
6) COLLOCATION COMPLETION DEADLINE. Collocation for which a permit is granted shall
be completed within 180 days after issuance of the permit, unless LICENSOR and 31
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LICENSEE agree to extend this period or a delay is caused by make-ready work for a
LICENSOR utility pole or by the lack of commercial power or backhaul availability at the site,
provided LICENSEE has made a timely request within 60 days after the issuance of the
permit for commercial power or backhaul services, and the additional time to complete
installation does not exceed 360 days after issuance of the permit. Otherwise, the permit
shall be void unless LICENSOR grants an extension in writing to the LICENSEE.
7) DURATION OF PERMITS AND SUPPLEMENTS. The duration of a permit and the initial
Supplement shall be for a period of not less than 5 years, and the permit and Supplement
shall be renewed for equivalent durations unless LICENSOR makes a finding that the small
wireless facilities or the new or modified utility pole do not comply with the applicable codes
or local code provisions or regulations in Chapter 56 of Code of the City of Lockport, as now
or hereafter amended. If P.A. 100-0585 is repealed as provided in Section 90 of the Act,
renewals of permits shall be subject to the LICENSOR’s code provisions or regulations in
effect at the time of renewal.
8) EXTENSIONS. Each Supplement may be extended for additional five (5) year terms unless
LICENSEE terminates it at the end of the then current term by giving LICENSOR written
notice of the intent to terminate at least three (3) months prior to the end of the then current
term. The initial term and all extensions under a Supplement shall be collectively referred to
herein as the "Term". Notwithstanding anything herein, after the expiration of this
Agreement, its terms and conditions shall survive and govern with respect to any remaining
Supplements in effect until their expiration or termination.
9) RENTAL. Each Supplement shall be effective as of the date of execution by both Parties
(the "Effective Date"), provided, however, the initial term of each Supplement shall be for
five (5) years and shall commence on the first day of the month following the day that
LICENSEE commences installation of the equipment on the Premises (the “Commencement
Date”) at which time rental payments shall commence and be due at a total annual rental as
set forth in the Supplement, to be paid in advance annually on the Commencement Date
and on each anniversary of it in advance, to the LICENSOR in the Supplement (unless
LESSOR otherwise designates another payee and provides notice to LICENSEE).
LICENSOR and LICENSEE acknowledge and agree that the initial rental payment for each
Supplement shall not actually be sent by LICENSEE until thirty (30) days after the
Commencement Date. LICENSOR and LICENSEE agree that they shall acknowledge in
writing the Commencement Date of each Supplement. Rental for the use of any poles
pursuant to this Agreement, shall be an annual fee of $200.00 per each wireless facility
which LICENSEE attaches to LICENSOR’s pole. Thereafter, rent will be due at each annual
anniversary of the “Commencement Date” of the applicable Supplement. Upon agreement
of the Parties, LICENSEE may pay rent by electronic funds transfer and in such event,
LICENSOR agrees to provide to LICENSEE bank routing information for such purpose upon
request of LICENSEE.
10) ABANDONMENT. A small wireless facility that is not operated for a continuous period of 12
months shall be considered abandoned and the LICENSEE must remove the small wireless
facility within 90 days after receipt of written notice from LICENSOR notifying LICENSEE of
the abandonment.
The notice shall be sent by certified or registered mail, return receipt requested, by
LICENSOR to the LICENSEE at the last known address of LICENSEE. If the small wireless 32
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facility is not removed within 90 days of such notice, LICENSOR may remove or cause the
removal of such facility and charge said costs to the LICENSEE.
LICENSEE shall provide written notice to LICENSOR of any sale or transfer of small
wireless facilities not less than 30 days prior to such transfer and said notice shall include
the name and contact information of the new wireless provider.
11) CONDITION OF PREMISES. Where the Premises incudes one or more Poles, LICENSOR
covenants that it will keep the Poles in good repair as required by all federal, state, county
and local laws. If the LICENSOR fails to make such repairs including maintenance within 60
days, of any notification to LICENSOR, the LICENSEE shall have the right to cease annual
rental for the effected poles, but only if the poles are no longer capable of being used for the
purpose originally contemplated in this Agreement or otherwise do not comply with existing
law. If LICENSEE terminates, LICENSEE shall remove its small wireless facility. Termination
of this Agreement shall be the LICENSEE’s sole remedy.
12) MAKE READY TERMS. LICENSOR shall not require more make-ready work than required
to meet applicable codes or industry standards. Make-ready work may include work needed
to accommodate additional public safety communications needs that are identified in a
documented and approved plan for the deployment of public safety equipment as specified
and included in an existing or preliminary LICENSOR or public service agency plan. Fees for
make-ready work, including any LICENSOR utility pole attachment, shall not exceed actual
costs or the amount charged to communications service providers for similar work and shall
not include any consultants’ fees or expenses for LICENSOR utility poles that do not support
aerial facilities used to provide communications services or electric service. Make-ready
work, including any pole replacement, shall be completed within 60 days of written
acceptance of the good-faith estimate by the LICENSOR at the LICENEE’s sole cost and
expense. Unless otherwise agreed by the parties, make-ready work shall be performed by
LICENSEE or its qualified contractor.
13) AERIAL FACILITIES. For LICENSOR utility poles that support aerial facilities used to
provide communications services or electric services, LICENSEE shall comply with the
process for make-ready work under 47 U.S.C. 224 and its implementing regulations.
LICENSOR shall follow a substantially similar process for such make-ready work except to
the extent that the timing requirements are otherwise addressed in Chapter 56 of Code of
the City of Lockport, as now or hereafter amended. The good-faith estimate of the person
owning or controlling LICENSOR’s utility pole for any make-ready work necessary to enable
the pole to support the requested collocation shall include LICENSOR utility pole
replacement, if necessary. Make-ready work for utility poles that support aerial facilities used
to provide communications services or electric services may include reasonable consultants’
fees and expenses.
14) NO AERIAL FACILITIES. For LICENSOR utility poles that do not support aerial facilities
used to provide communications services or electric services, LICENSOR shall provide a
good-faith estimate for any make-ready work necessary to enable the LICENSOR utility pole
to support the requested collocation, include pole replacement, if necessary, within 90 days
after receipt of a complete application. Make-ready work, including any LICENSOR utility
pole replacement, shall be completed within 60 days of written acceptance of the good-faith
estimate by LICENSEE at LICENSEE’s sole cost and expense. Alternatively, if LICENSOR
determines that applicable codes or public safety regulations require the LICENSOR’s utility 33
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pole to be replaced to support the requested collocation, LICENSOR may require
LICENSEE to replace LICENSOR’s utility pole at LICENSEE’s sole cost and expense.
15) GENERAL RESTRICTIONS. In the event LICENSOR, in its reasonable discretion deems it
necessary to remove, relocate or replace a Pole, LICENSOR shall notify LICENSEE at least
one hundred eighty (180) days prior of the need to remove or relocate its small wireless
facility. In such event, LICENSOR shall provide options for alternative locations for
LICENSEE relocation of equipment which shall be in a mutually agreeable location
(“Alternative Premises”). LICENSEE shall be solely responsible for all costs related to the
relocation of its small wireless facility to the Alternative Premises. In the event that a suitable
Alternative Premises cannot be identified, LICENSEE may terminate the applicable
Supplement. In the event of an emergency, which for purposes of this Agreement shall be
considered any imminent threat to health, safety and welfare of the public, LICENSOR must
provide as much notice as reasonably practical under the circumstances. LICENSEE may
terminate this Agreement by giving written notice to the other party specifying the date of
termination, such notice to be given not less than one hundred eighty (180) days prior to
the date specified therein.
16) ELECTRICAL. LICENSEE shall be permitted to connect its equipment to necessary
electrical and telephone service, at LICENSEE’s expense. LICENSEE shall attempt to
coordinate with utility companies to provide separate service to LICENSEE’s equipment for
LICENSEE use. In the event that LICENSEE can obtain separate electrical service with a
separate meter measuring usage, the LICENSEE shall pay the utility directly for its power
consumption, if billed directly by the utility. In the event that separate electrical service is
not possible or practical under the circumstances, LICENSEE may use existing service, at
LICENSEE’s expense, upon the reasonable approval of LICENSOR. In the event that
LICENSEE uses existing utility service at an individual Premises, the Parties agree to either:
(i) attempt to have a sub-meter installed, at LICENSEE’s expense, which shall monitor
LICENSEE’s utility usage (with a reading and subsequent bill for usage delivered to
LICENSEE by either the applicable utility company or LICENSOR); or (ii) provide for an
additional fee in the applicable Supplement which shall cover LICENSEE’s utility usage.
The Parties agree to reflect power usage and measurement issues in each applicable
Supplement.
17) TEMPORARY POWER. LICENSEE shall be permitted at any time during the Term of each
Supplement, to install, maintain and/or provide access to and use of, as necessary (during
any power interruption at the Premises), a temporary power source, and all related
equipment and appurtenances within the Premises, or elsewhere on the Property in such
locations as reasonably approved by LICENSOR. LICENSEE shall be permitted to connect
the temporary power source to its equipment on the Premises in areas and manner
approved by LICENSOR.
18) USE; GOVERNMENTAL APPROVALS. LICENSEE shall use the Premises for the purpose
of constructing, maintaining, repairing and operating small wireless facilities and uses
incidental thereto. LICENSEE shall have the right to replace, repair and modify equipment,
antennas and/or conduits or any portion thereof and the frequencies over which the
equipment operates, in conformance with the original Supplement. It is understood and
agreed that LICENSEE's ability to use the Premises is contingent upon its obtaining after the
execution date of each Supplement all of the certificates, permits and other approvals
(collectively the "Governmental Approvals") that may be required by any Federal, State or 34
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Local authorities as well as a satisfactory building structural analysis which will permit
LICENSEE use of the Premises as set forth above. In the event that (i) any of such
applications for such Governmental Approvals should be finally rejected; (ii) any
Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise
withdrawn or terminated by governmental authority; and (iii) LICENSEE determines that
such Governmental Approvals may not be obtained in a timely manner, LICENSEE shall
have the right to terminate the applicable Supplement. Notice of LICENSEE's exercise of its
right to terminate shall be given to LICENSOR in accordance with the notice provisions set
forth in Paragraph 23 and shall be effective upon the mailing of such notice by LICENSEE,
or upon such later date as designated by LICENSEE. All rentals paid to said termination
date shall be retained by LICENSOR. Upon such termination, the applicable Supplement
shall be of no further force or effect except to the extent of the representations, warranties
and indemnities made by each Party to the other thereunder. Otherwise, the LICENSEE
shall have no further obligations for the payment of rent to LICENSOR for the terminated
Supplement. Notwithstanding anything to the contrary in this Paragraph, LICENSEE shall
continue to be liable for all rental payments to the LICENSOR until all equipment is removed
from the Property.
19) INSURANCE. LICENSEE shall carry, at LICENSEE's own cost and expense, the following
insurance: (i) property insurance for its property's replacement cost against all risks; (ii)
workers' compensation insurance, as required by law; or (iii) commercial general liability
insurance with respect to its activities on LICENSOR improvements or rights-of-way to afford
as set forth in this Section. LICENSEE agrees that at its own cost and expense, LICENSEE
will maintain commercial general liability insurance with limits of $5 million (five million
dollars) per occurrence for bodily injury (including death) and $5 million (five million dollars)
general aggregate; and (ii) excess/umbrella liability insurance with a limit of $5 million (five
million dollars) per occurrence and aggregate LICENSEE shall include LICENSOR as an
additional insured as their interest may appear under this Agreement on the commercial
general liability policy and provide a copy of the blanket additional insured endorsement as
documentation of inclusion of LICENSOR in a commercial general liability policy as required
by this Section.
LICENSEE may self-insure all or a portion of the insurance coverage and limit requirements
required by LICENSOR. If LICENSEE self-insures it is not required, to the extent of the self-
insurance, to comply with the requirement for the inclusion of additional insureds under this
Section. If LICENSEE elects to self-insure it shall provide to LICENSOR evidence sufficient
to demonstrate LICENSEE’S financial ability to self-insure the insurance coverage and limits
required by LICENSOR.
(A) At all times during the period in which LICENSEE’s facilities are located in the city's
infrastructure, improvements or in the right-of-way, the wireless provider shall secure and
maintain the following liability insurance policies insuring the LICENSEE as named insured
and naming the LICENSOR, and its elected and appointed officers, officials, agents, and
employees as additional insureds on the policies listed in divisions (A)(1) and (2) below:
(1) Commercial general liability insurance, including premises-operations, explosion,
collapse, and underground hazard (commonly referred to as “X,” “C,” and “U” coverages)
and products-completed operations coverage with limits of:
(a) Five million dollars for bodily injury or death to each person;
(b) Five million dollars for property damage resulting from any one accident; and 35
Master Pole Attachment Agreement City of Lockport and Verizon
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(c) Five million dollars for all other types of liability;
(2) Automobile liability for owned, non-owned and hired vehicles with a combined single
limit of $1,000,000 for bodily injury and property damage for each accident;
(3) Worker's compensation with statutory limits and Employer's liability insurance with
limits of $1,000,000 accident/disease/policy limit. If LICENSEE is not providing such
insurance to protect the contractors and subcontractors performing the work, then such
contractors and subcontractors shall comply with this section.
(B) Excess or umbrella policies. The coverages required by this section may be in any
combination of primary, excess, and umbrella policies. Any excess or umbrella policy must
provide excess coverage over underlying insurance such that when any loss covered by the
primary policy exceeds the limits under the primary policy, the excess or umbrella policy
becomes effective to cover such loss.
(C) Maintenance and renewal of required coverages.
(1) Upon receipt of notice from its insurer(s) LICENSEE shall provide the LICENSOR with
thirty (30) days’ prior written notice of cancellation of any coverage required herein and
furnish to the city certificate of insurance as evidence of replacement insurance policies
meeting the requirements of this section.
(E) Self-insurance. LICENSEE may self-insure all or a portion of the insurance coverage
and limit requirements required by division (A) of this section. If LICENSEE self-insures,
then LICENSEE is not required, to the extent of such self-insurance, to comply with the
requirement for the inclusion of additional insureds under division (A), or the requirements of
divisions (B), (C), and (D) of this section. If LICENSEE elects to self-insure, then LICENSEE
shall provide to the LICENSOR evidence sufficient to demonstrate its financial ability to self-
insure the insurance coverage and limit requirements required under division (A) of this
section, such as evidence that the wireless provider is a “private self-insurer” under the
Workers Compensation Act.
(F) Effect of insurance and self-insurance on wireless provider's liability. The legal liability
of LICENSEE to the LICENSOR and any person for any of the matters that are the subject
of the insurance policies or self-insurance required by this section shall not be limited by
such insurance policies or self-insurance or by the recovery of any amounts thereunder.
(G) Insurance companies. All insurance provided pursuant to this section shall be effected
under valid and enforceable policies, issued by insurers legally able to conduct business
with the licensee in the State of Illinois. All insurance carriers and surplus line carriers shall
be rated "A-" or better and of a class size "VII" or higher by A.M. Best Company.
20) INDEMNIFICATION. LICENSEE shall indemnify and hold LICENSOR harmless against any
and all liability or loss from personal injury or property damage resulting from or arising out
of, in whole or in part, the use or occupancy of LICENSOR’s improvements or right-of-way
associated with such improvements by LICENSEE or its employees, agents, or contractors
arising out of the rights and privileges granted under this Agreement and PA 100-0585.
LICENSEE has no obligation to indemnify or hold harmless against any liabilities and losses
as may be due to or caused by the sole negligence of LICENSOR or its employees or
agents. LICENSEE hereby further waives any claims that LICENSEE may have against the 36
Master Pole Attachment Agreement City of Lockport and Verizon
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LICENSOR with respect to consequential, incidental, or special damages, however caused,
based on the theory of liability.
21) REMOVAL AT END OF TERM. LICENSEE shall, upon expiration of the Term, or within
ninety (90) days after any earlier termination of a Supplement, remove its equipment,
conduits, fixtures and all personal property and restore the Premises to its original condition,
reasonable wear and tear and casualty damage not caused by LICENSEE excepted.
LICENSOR agrees and acknowledges that all of the equipment, conduits, fixtures and
personal property of LICENSEE shall remain the personal property of LICENSEE and
LICENSEE shall have the right to remove the same at any time during the Term, whether or
not said items are considered fixtures and attachments to real property under applicable
laws. If such time for removal causes LICENSEE to remain on the Premises after
termination of the Supplement, LICENSEE shall pay rent at the then existing monthly rate or
on the existing monthly pro-rata basis if based upon a longer payment term, until such time
as the removal of the antenna structure, fixtures and all personal property are completed.
22) RIGHTS UPON SALE. Should LICENSOR, at any time during the Term of any Supplement
decide to sell or transfer all or any part of the Property such sale or grant of an easement or
interest therein shall be under and subject to the Supplement and any such purchaser or
transferee shall recognize LICENSEE's rights hereunder and under the terms of the
Supplement.
23) NOTICES. All notices hereunder must be in writing and shall be deemed validly given if
sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees delivery
to the addressee by the end of the next business day following the courier's receipt from the
sender, addressed as follows (or any other address that the Party to be notified may have
designated to the sender by like notice):
LICENSOR: City of Lockport Title: City Administrator Address: 222 E. 9th St. City, State Zip: Lockport, IL 60441
Copy to: City Attorney Address: 222 E. 9th St. City, State Zip: Lockport, IL 60441 LICENSEE: Chicago SMSA Limited Partnership d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, NJ 07921 Attention Network - Real Estate with a copy sent to: Chicago SMSA Limited Partnership d/b/a Verizon Wireless 1515 E Woodfield Rd 10th Floor Schaumburg, IL 60173
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Master Pole Attachment Agreement City of Lockport and Verizon
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Attn: Network Legal
Either Party may change the addressee and/or location for the giving of notice to it by providing a thirty (30) days’ prior written notice to the other Party.
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing.
24) CASUALTY. In the event of damage by fire or other casualty to the Pole or Premises that
cannot reasonably be expected to be repaired within forty-five (45) days following same or, if
the Pole or Property is damaged by fire or other casualty so that such damage may
reasonably be expected to disrupt LICENSEE's operations at the Premises for more than
forty-five (45) days, then LICENSEE may, at any time following such fire or other casualty,
provided LICENSOR has not completed the restoration required to permit LICENSEE to
resume its operation at the Premises, terminate the Supplement upon fifteen (15) days prior
written notice to LICENSOR. Any such notice of termination shall cause the Supplement to
expire with the same force and effect as though the date set forth in such notice were the
date originally set as the expiration date of the Supplement and the Parties shall make an
appropriate adjustment, as of such termination date, with respect to payments due to the
other under the Supplement. Notwithstanding the foregoing, the rent shall abate during the
period of repair following such fire or other casualty in proportion to the degree to which
LICENSEE’s use of the Premises is impaired.
25) DEFAULT. In the event there is a breach by a Party with respect to any of the provisions of
this Agreement or its obligations under it, the non-breaching Party shall give the breaching
Party written notice of such breach. After receipt of such written notice, the breaching Party
shall have 30 days in which to cure any breach, provided the breaching Party shall have
such extended period, not to exceed 90 days, as may be required beyond the 30 days if the
breaching Party commences the cure within the 30-day period and thereafter continuously
and diligently pursues to cure to completion. The non-breaching Party may maintain any
action or affect any remedies for default against the breaching Party subsequent to the 30-
day cure period, as potentially extended to 90 days based on circumstances.
26) REMEDIES. In the event of a default by either Party with respect to a material provision of
this Agreement, without limiting, other than by the specific terms of this Agreement, the non-
defaulting Party in the exercise of any right or remedy which the non-defaulting Party may
have by reason of such default, the non-defaulting Party may terminate the applicable
Supplement and/or pursue any remedy now or hereafter available to the non-defaulting
Party under the Laws or judicial decisions of the state of Illinois. Further, upon a default, the
non-defaulting Party may at its option (but without obligation to do so), perform the
defaulting Party’s duty or obligation on the defaulting Party’s behalf, including but not limited
to the obtaining of reasonably required insurance policies. The costs and expenses of such
performance by the non-defaulting Party shall be due and payable by the defaulting Party
upon invoice therefor.
27) APPLICABLE LAWS. During the Term, LICENSOR shall maintain the Property and the
Pole in compliance with all applicable laws, rules, regulations, ordinances, directives,
covenants, easements, zoning and land use regulations, and restrictions of record, permits,
building codes, (collectively “Laws”). LICENSEE shall, in respect to the condition of the
Premises and at LICENSEE’s sole cost and expense, comply with (a) all Laws relating 38
Master Pole Attachment Agreement City of Lockport and Verizon
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solely to LICENSEE’s specific and unique nature of use of the Premises; and (b) all building
codes requiring modifications to the Premises due to the improvements being made by
LICENSEE in the Premises. It shall be LICENSOR’s obligation to comply with all Laws
relating to the Pole in general, without regard to specific use (including, without limitation,
modifications required to enable LICENSEE to obtain all necessary building permits). This
Agreement is not intended to in any way limit or waive either Party’s present or future rights
under any Law, including but not limited to a Party’s right to challenge the applicability of any
present or future Law or any term of this Agreement.
28) BOND. LICENSEE shall deposit with LICENSOR on one occasion prior to the
commencement of the first Supplement a bond in a form reasonably acceptable to
LICENSOR in the amount of $10,000 per small wireless facility to guarantee the safe and
efficient removal of any equipment from any Premises subject to this Agreement, which
equipment remains more than 30 days after rental payment has ceased and Licensee has
failed to remove the equipment. The funds may also be used to restore the premises to
original condition, if LICENSEE fails to do so.
29) MISCELLANEOUS. This Agreement and the Supplements that may be executed from time
to time hereunder contain all agreements, promises and understandings between the
LICENSOR and the LICENSEE regarding this transaction, and no oral agreement, promises
or understandings shall be binding upon either the LICENSOR or the LICENSEE in any
dispute, controversy or proceeding. This Agreement may not be amended or varied except
in a writing signed by all Parties. This Agreement shall extend to and bind the heirs,
personal representatives, successors and assigns hereto. The failure of either party to insist
upon strict performance of any of the terms or conditions of this Agreement or to exercise
any of its rights hereunder shall not waive such rights and such party shall have the right to
enforce such rights at any time. The performance of this Agreement via each Supplement
shall be governed interpreted, construed and regulated by the laws of the state of Illinois.
30) EXECUTION IN COUNTERPARTS. This Agreement and any Supplements may be
executed in multiple counterparts, including by counterpart facsimiles or scanned email
counterpart signature, each of which shall be deemed an original, and all such counterparts
once assembled together shall constitute one integrated instrument.
31) AUTHORIZATION. LICENSEE certifies and warrants that it has the authority to enter into
this Agreement.
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Master Pole Attachment Agreement City of Lockport and Verizon
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IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written.
LICENSOR:
City of Lockport, an Illinois Municipal Corporation
BY:
Name: _____________________________
Title: ______________________________
Date:_______________________________
LICENSEE:
Chicago SMSA Limited Partnership d/b/a Verizon Wireless By: Cellco Partnership, Its General Partner Name Name: _____________________________
Title: ______________________________
Date:
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Master Pole Attachment Agreement City of Lockport and Verizon
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EXHIBIT "A"
LICENSE SUPPLEMENT
This License Supplement (Supplement), is made this ____ day of _______, _______, between the City of ___Lockport____________________, whose principal place of business is ___222 E. 9th St., Lockport, IL 60441________________________ (LICENSOR), and Chicago SMSA Limited Partnership d/b/a Verizon Wireless, with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, NJ 07920 (LICENSEE).
1. Master License Agreement. This Supplement is a Supplement as referenced in that certain Master License Agreement between the City of Lockport and Chicago SMSA Limited Partnership d/b/a Verizon Wireless, dated ________ ____, 20___, (the Agreement). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement (note – Supplement should govern because there may be some site specific items that might have to be addressed at an individual location which might create a conflict with Agreement terms) shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein.
2. Premises. The Property owned by Licensor is located at ___________________________________. The Premises licensed by the LICENSOR to the LICENSEE hereunder is described on Exhibit “1” attached hereto and made a part hereof.
3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in Paragraph 7 of the Agreement.
4. Consideration. Rent under this Supplement shall be $200.00 per year, payable to LICENSOR at 222 E. 9th St., Lockport, IL 60441. Thereafter, rent will be due at each annual anniversary of the “Commencement Date” of this Supplement. LESSEE shall obtain electrical service and provide for a separate meter and billing from the applicable utility provider. 5. Site Specific Terms. (Include any site-specific terms)
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IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seal the day and year first above written. LICENSOR
City/ of ___Lockport________________________, an Illinois Municipal Corporation
BY:
Name: __________________________
Title: ___________________________
Date: ________
LICENSEE
Chicago SMSA Limited Partnership d/b/a Verizon Wireless By: Cellco Partnership, Its General Partner Name Name: __________________________
Title: ___________________________
Date: ________
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EXHIBIT 1
Premises
(see attached site plans)
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Committee of the WholeAgenda Memorandum Item # AT-3
To: Mayor & City Council
From: Sonni Williams, City Attorney
Subject: Renewal of IDNR Lease Agreement No. 5057 for the Commuter Parking Lotfor 5 years
Date: Wednesday, June 17, 2020
BACKGROUND/HISTORYThe City of Lockport leases 5 lots that comprise part of the commuter parking lot that servicesthe train station from the Illinois Department of Transportation (IDNR). The current lease waslast approved by the City Council in 2015 and set to expire on August 31, 2020. IDNR sent theCity a proposed renewal of the lease for another five-year extension. The renewal leasecontains the same terms and conditions as the 2015 lease, except the amount of the leasepayment will increase by $100.00 per year. The annual lease payment will be $1,500.00 for atotal of $7,500.00 for the full five-year term. The original lease payment back in 2010 was for$1,300 payment per year and the 2015 lease agreement called for a $1,400 payment per year.
PROS/CONS/ALTERNATIVESThe renewal of the lease agreement will continue to provide cost effective parking forcommuters and will help promote the use of downtown Lockport as a transportation hub.
RECOMMENDATIONApprove Resolution No. 20-075 approving the 5-year lease agreement with IDNR for the Metracommuter parking lot.
ATTACHMENTSResolution 20-075: IDNR Lease Agr. No. 5057 Metra commuter parking lot
IDNR Lease Agr. No 5057 for Metra commuter parking lot 5-year
SPECIFIC CITY COUNCIL ACTION REQUIREDRequest for item to be placed on the City Council agenda for consent or action
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RESOLUTION NO. 20-075
A RESOLUTION APPROVING LEASE AGREEMENT NO. 5057 WITH THE STATE OF ILLINOIS DEPARTMENT OF NATURAL RESOURCES (IDNR) FOR THE METRA COMMUTER PARKING LOT
WHEREAS, the current Lease Agreement No. 5057 with IDNR for the City’s use of IDNR’s property for the Metra commuter parking lot expires on August 31, 2020; and
WHEREAS, the renewal of the lease agreement beginning on September 1, 2020 and
ending on August 31, 2025 will continue to provide cost effective parking for commuters and will help promote the use of downtown Lockport as a transportation hub; and
WHEREAS, the Mayor and the City Council of the City of Lockport find that it is in the City’s
best interest to approve the attached renewal of Lease Agreement No. 5057 with IDNR for the Metra commuter parking lot.
NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Lockport, Will
County, Illinois, As follows:
SECTION 1: The attached Lease Agreement No. 5057 with the State of Illinois,
Department of Natural Resources is approved.
SECTION 2: The Mayor and City Clerk are authorized and directed, to sign and attest
the attached Agreement, original and copies as needed.
SECTION 3: This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
PASSED this ______ day of _______________________, 2020, with _____ALDERMEN voting aye ______ALDERMEN abstaining _____ALDERMEN voting nay ______ALDERMEN absent The MAYOR voting aye ______, voting nay ______, not voting ______ _____ BARTELSEN _____ BERGBOWER _____ DESKIN _____ GILLOGLY _____ LOBES _____ PERRETTA ______ SABAN ____ SCHREIBER _____ MAYOR _______________________________ Steven Streit, Mayor ATTEST: _______________________________ Kathleen Gentile, City Clerk
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