HomeMy WebLinkAboutRESOLUTION - 58-95 - 9/26/1995 - INTERIM AGRMT/MCINETRO RESOLUTION NO. 58-95
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO EXECUTE AN INTERIM AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND MCIMETRO ACCESS
TRANSMISSION SERVICES, INC.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State of
Illinois as follows:
Section 1 : That the moratorium placed upon the installation of fiber
optic transmission cable by Resolution No. 20-95 is hereby exempted, in
this instance only, to approve an interim agreement between the Village of
Elk Grove Village and MCImetro to permit the installation of a
telecommunications system in the Public Ways.
Section 2: That the Village President be and is hereby authorized to
sign the attached documents marked:
INTERIM AGREEMENT
a copy of which is attached hereto and made a part hereof as if fully set
forth and the Village Clerk is authorized to attest said documents upon the
signature of the Village President.
Section 3: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 26th day of September 1995.
APPROVED this 26th day of September 1995.
Dennis J . Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
INTERIM AGREEMENT
WHEREAS, MCImetro Access Transmission Services, Inc. ("MCImetro") desires to
install a telecommunications system consisting of fiber optic cable and related facilities in the
following public ways located in the Village of Elk Grove Village, Illinois ("Village"):
State Route 83 to Midway Court to Higgins Road to King Street
to Northwest Point Boulevard to Arlington Heights Road to
Higgins Road
(hereafter referred to as the "Public Ways); and
WHEREAS, MCImetro has, over the course of a year, negotiated the terms and
conditions of a long-term, non-exclusive franchise agreement for the installation of such a
telecommunications system in the Public Ways and in other public ways located in the Village;
and
WHEREAS, the Village desires to wait to enter into a long-term agreement with
MCImetro until it has had a chance to consider a model telecommunications ordinance currently
being crafted by the Du Page Mayors and Managers Conference; and
WHEREAS, the Village is willing to permit MCImetro to install such
telecommunications system in the Public Ways pursuant to an interim agreement until a long-
term agreement between the parties can be reached; and
WHEREAS, the Mayor and Board of Trustees of the Village did at their regular Board
meeting on September 26, 1995 authorize the execution of such an interim agreement;
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, and other good and valuable consideration, it is agreed by and between the
Village of Elk Grove Village, Cook and Du Page Counties, Illinois, a Municipal Corporation,
and MCImetro as follows:
1. The Village does hereby grant a temporary license in the Public Ways, as defined
above, within the corporate limits of the Village of Elk Grove Village for the
purpose of installing a telecommunications system consisting of fiber optic cable
and related facilities.
2. The installation of said telecommunications system shall be the sole responsibility
of MCImetro.
3. The installation of said telecommunications system shall be subject to the time,
place and manner requirements as set forth in the permits issued by the Village
for such installation.
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4. The parties agree to negotiate in good faith to conclude by December 31, 1995
a long-term agreement covering the subject matter. The rights herein granted
shall extend only until such time as a long-term agreement is reached between the
parties covering the subject matter, provided, however, that the Village may
terminate this interim agreement upon 60 days notice in writing in the event that
the Village shall determine, in good faith, that no long-term agreement is
forthcoming. In the event of such termination, MCImetro shall have the option
of abandoning its facilities in place.
5. In consideration for this interim agreement, MCImetro shall pay to the Village
a one-time fee of$3,000 to cover the Village's costs incurred by this agreement.
6. Notices required under the provisions of the agreement shall be given to the
Village to the attention of the Village Manager, Village of Elk Grove Village,
901 Wellington Avenue, Elk Grove Village, Illinois, 60007-3499, and to
MCImetro Access Transmission Services, Inc., 2250 Lakeside Boulevard,
Richardson, Texas 75082, and cc: Office of the General Counsel, 2400 N.
Glenville Drive, Richardson, Texas 75082.
WHEREFORE, the parties hereto have affixed their hands and seals this 26thday of
September 1995.
ATTEST: VILLAGE OF ELK GROVE VILLAGE
a municipal corporation
Patricia S. Smith By: Dennis J. Gallitano
Village Clerk Village President
SEAL
ATTEST: MCImetro ACCESS TRANSMISSION
SERVICES, INC.
By:
Vice President
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