Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Infrastructure Projects topic
No spam. Unsubscribe anytime.
Aurora council approves up to $250,000 payment to AT&T to clear utility relocations for Farnsworth roadway project
Summary
On Feb. 25 the Aurora City Council approved a resolution authorizing payment of up to $250,000 to AT&T to relocate facilities within the public right-of-way along Farnsworth Avenue, Bilter Road and Church Road so a $19 million roadway contract can proceed on schedule; the city will pay under protest and pursue reimbursement.
The Aurora City Council on Feb. 25 approved a resolution authorizing payment of up to $250,000 to AT&T to relocate facilities in the public right-of-way on Farnsworth Avenue, Bilter Road and Church Road so the city’s contractor can begin a $19 million roadway project on schedule. The motion was made by Alderman Smith and seconded by Alderman Franco; the council approved the resolution by roll call, 11 yes, 1 no.
City public works staff told the council the payment is needed immediately because AT&T categorized the work so the company expects payment before engineering is complete and before relocation can occur. “This is allowing the city to move forward with AT&T relocating their facilities within our public right away on Farnsworth,” said Ken Charles of the public works department. Charles added the city intends to continue to work with the legal department to contest the charge under the franchise agreement with AT&T.
City legal staff confirmed the payment will be made while the city pursues recovery. “Whether it needs to be made as a payment under protest…we will make that a finer point for them,” the city attorney said during the discussion, urging that the administrative record reflect the city’s protest and intention to seek reimbursement.
Council members said the timing is driven by the contractor’s schedule and the city’s goal of completing major roadway work before the holiday season. Public works staff warned that delay of the project into next year could increase costs and require change orders to the contractor. Council members also noted that ComEd has already begun relocations in the same corridor.
Alderman Lash said he would vote no and argued the city should not pay for private infrastructure and proposed an alternative negotiation tactic: the city installing its own publicly owned dark fiber to compel AT&T to use it. Legal staff said that approach would not be the most expedient or cost-effective route to resolve the dispute and that contractual remedies remain available if the parties cannot agree.
The council majority approved the payment to avoid delaying the $19 million roadway contract. Council members and staff said the city will formally dispute the charge and seek to recover the funds from AT&T after the relocation work is underway.
Votes and next steps: the council recorded an 11–1 vote in favor; staff will proceed with payment, continue negotiations with AT&T and pursue recovery under the franchise agreement or contract remedies if needed.
