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R-459 - 08/13/1988 - AGREEMENTS - Resolutions Supporting Documents VILLAGE OF OAK BROOK MINUTES OF THE REGULAR MINTING September 13, 198A CALL MEETING TO ORDER The Regular Meeting of the Board of Trustees was called to order by President Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:10 9.14. I. ROLL CALL: PRESENT: President Wence F. Carne Trustees Garry J. gar+ecki Karen H. Busby Walter r. Imrie Ronald P. MAher Joseph H. Rush H. Richard Winters ABSENT: None M PLEDGE TO THE FLAG II. APPROVAL OF MINUTES: Tru-tee Imrie moved, seconded by Trustee Bartecki... That the Minutes of the Regular Meeting of August 23, 1988 be approved as presented and waive reading of same. VOICE VOTE: All present, in favor. So ordered. III. ORDINANCES AND RESOLUTIONS: A. RESOLUTION NO. R-459 A RESOLUTION GRANTING TO ACCESS MIT - RM."ARCH CORRXDOR INC. CERTAIN RIGHTS TO INSTALL FIBER OPTIC CABLP, IN T", VILLAGE OF OAK BROOK, DU PAGE AND COOK COMITTES, ILLINOIS: Discussed and direction given at the Regular Meeting of August ?A, 1988. Trustee Imrie moved, seconded by Trustee Rush... To pass Resolution No. R-459 as presented and waive the xiill reading { thereof, i ROLL CALL VOTE: Ayes: Trustees Bartecki, Imrie, Maher, Rush and President Carne. Nays: Trustee Bushy Absent: None Abstaint Trustee Winters go ordereA. B. RDINANCI 10. 8-6 D N NC ORANTTNG A no PLATT 4VWTA& me A D PLATW 7TMZMAW* TO OWT121 20-21 2F THE 22V5 or Q1tRYWA!2WN Or THR, TTLLAUP, Or OAK WRMW Discussed and direction Riven at the Regular Meeting of Augnsa 71, 1988. Trustee Winters moved, seconded by Trustee 11arteaki... To pass Ordinance No. 8-649 on presented and waive the full rending thereof. WOLL CALL VOTE$ Ayest Trustees Warteaki, Rushy, forte, Mahar, Runh, Nint4rx and '!Rrest4ent Carne. Nsyet None Absent$ AOne Re oMarM. VILLAGR AV OAK IIROOR Nir$utse •1• 4eptetwber $ , I"" w,iK OME FIV44CLAL PLACIR "0 SDXN LAIWE ST, RUMW WNW,UARV3 W05 FAX 31TWIS201 Village uZ Oak brook 1200 Oak Brook Road Oak Brook, Illinois 60521 RE: AN-HC's Franchise with the Village of Oak Brook Dear John: Rirsuant to the pxyvisionz in the franchise granted to Access Nstwork - Research Corridor (AN-PQ , the rights are assigmable with- permission of the l ® ACcOrdi?191Y, X am requesting that this franchise and the rights thereunder be assigned to DIGINnET 0ammunicatiOns, Inc. - Midwest ("DIGINET") . DIGINET is desirous of purchasing the assets ot KU-NZ in order to camplete its business plan of building suburban networks. DIaINST, headquartered in Milwaukee, is one of the first providers a-tQ,*'-nftti!Y6 lucal acccss services in the country. DIGINET was Incorporated In 19s2 in the state Of Wisconsin by HArald Sampson, a Kilwaakee real Ostate de7eloper who has beep et leader in the tel0cummuniCations industry An= 1971. Tha company is privately gwned by Mr. Snxpaan. 01alnUT cuxrOntly :oparates as a carrior's carrier finm mi1w,Ukee to Chicago liz ng private line servicem. DTCIWr Acqutred &ght*-0f-wqy fry n chicagcD HoUbwast Railront-1. nd built t.,h ea privately awned jib mr optic network to connect thO business centers in Ch"M and Milvauk*Q- nIGINrT expandadk its buaireax operations, and cOn"J"05 Ord OPerates alternative local Wcass natuorXe in Chicago and Hilvaukaa. PIGINET is planning tocics stj-t networKx 'xvlhjx""Ih� will all Isim into dawntuarl The Arn. ""An n0tw=k tO be In operation wily bu Mort "P3U0d U begin November 1 , 199o. n w Mr. aohm v rq n . , ; 11990 :' DIGXyff rata to expand its suburban network include ': t tom t , , ,lny the , to DISINMI . I will be at your dispoxal to answor questions. or whatav*r it taken to get this J ,, , � you again a.. m - .ft. closure. .n I" Vice Prexidaznt External Affairs Enclosures 17790 west Pont Riage circa: 1111noix 6443 . September 19, 19 ash._ Drechin Village of Oak Brack 1200 Oak Brook Road Oak Brook, 11INKS 6OS21 Dear John: % behalf of Access Hot ® Research Corgi (OAK-RC") � it requesting Village of Oak Brock asaign the rights in our agresMnt to DIGIXST , Inc. Thank vu for your consioaration in this matter. Sincerely, Tricia e Brackenridge NvAdent VILLAGE OF OAK BROOK 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 60521 -2255 September 19, 1990 708 990- 10K' MEMO TO: Stephen Barley, Village Manager Obi® John H. Brechin, Village Attorn SUBJECT: AN-RC Franchise As you may recall an September 13, 19ss, t village entered into a franchise (license agreement) with AN-HQ an Illinois corporation. The purpoze of the license agreement was to allow AN-RC to install fiber optic cables in the Village. Attached is a copy of a letter dated September 12, 1990, requesti-nig assignment of those rights to another corporation, DiginW Such an assignment is permitted under Section 6 of our agreement. I have asked Tricia Brackenridge to verify that AN-RC in making this pest since they are the present licenses. once this formality is received, i believe it would be appropriate to place We matter on the next available village agenda fc- their consideration of the assignment. In the interim, you may wish to make an inventory to determine whether or nct AN-RC is in default of any of the other relevant provisions of the reement including its required payments. Respectful . damitted, John H. Brechin Vily a Attorney JHB:Vpz 4ttacbment o:Anrc VILLAGE OF OAK BROOK 1 ,200 OAK BROOK ROAD OAK BROOK ILLINOIS 60521 -2255 October 17, 1990 708 990- 000, : Village President & Board of Trustees t Reassignment of Access Network-Research corridoL (AN-RC) to Diginet Communications, Inc. - Midwest ( .i in RECXXWENDATICON: That the Village President and Board of Trustees direct the Village Attorney to prepare h necessary documentation, approving the reassignment f franchise rights from AN-Be, to Diginet for the installation of fiber optic cabl&z within the Village On r 13, 1988, the Village entered into a franchise agr ent with AN-RC for the installation of fiber optic vables alone certain public ways within she Village (see enclosed map). The actual construction of this fiber optic network by -RC was never begun. AN-RC has now requested that its franchise rights boo assigned to Digin • ® This reassignment of rights is allowable under Soction 6 of the agreement. Diginat, headquartered in Hilwaukes, in planning to con ruc and tie together several subnrban networks with downtown Chidago. Oak Brook's commercial community would be part of this nertwork. An inventory of Village records Indicates h at AN-RC is not in arrears to the Village for any franchise r inspection fees since construction was n v*r bogun, Vince has spoken with Attorney Orachin who agreed that this r h "r. is correct. Since there in no rr r and if the oar d approven approve the r dur , the assignment toDi intcan be made. Aespectfully bubmittod, 0 1 g "a",or i l l € anr- VYLLACZ Ot OKX MMrCa Min Om 23, 1990 Voice Votez all ayes, no nays. tion carriod. 'iber 22�ic _q Aqrt�Ment - Franchifo i h at MAP MKI As! NE Trust Oe Bushy moved, seconded by Trustee Rush to direct the WAX Attorney to prepare tha necessary documentation approving the reassignment of franchise rights from AM-RC to Dit nst for the installation of fiber optic cables within the Village. VOW VOt*z all ayes, no nays, except Trustee Wintere who abstained due to employment by Xllinois Bell® Motion carried. .Mor Lie st - CoLin ReavO!11 Trustee Rush moved, seconded by Trustee Bushy to concur with President Cerne, 1 a Liquor commissioner, and authorize the issualIC-6 Of & one-Day Class "DO Liquor License at a cost of $100.00 to Colin Reeves Cuisine, Inc., caterer, for 'Crate & Barrel's event to be hold November 7, 1990, subject to proof of appropriate insurance and paymenS of the required license fee. Voice Vote; ail ayes, no nays. Hatio" carried. Msly_end G. Resubdiviai= Trustee Rush moved, seconded by Trustee Sartecki to reduce the Strict Joint Owder Escrow No. 1104874 from Chicago Title Q Trust Company by the ancunt of $142,790.00 for the Suck/Ernie Pyle 2nd Resubdivision Security. Roll Call Votes Ayess 7-Trustees Bartecki, Bushy, Maher, Payovich, Rush, Winters and President Carne Nays; O-None Ahsentg O-None Motion carried. Discuosion of DuPaae Con:. npe Mqdel 10 ev ,Qnance: Truste* Bushy moved, seconded by Trumpoe Rush to pass the MedalTobacco Ordinance, Ordinance No. G• 455, "An ordinance Amending The Code Of Ordinanoes Of The Village Of Oak Brook Adding A Now Article V! Regulation Of Tobacco Products" as Pre=tOd and include a $50,00 license fee. (Section 8-191) Roll Call Vat*: ayes 7-Truntmes Hartecki, gushy, Maher, Payovich, Rush, Winters gnd President Caroo Nay ms 0-Nono Abuonts 0-Hone motion carrie?. ART f"or"annum W*W, to nottfy the RTA of tho KII&gelp intareot wart iqlpa tin g In the developow"t, markoving, mud c0nmtv"& Qw Of V &*, '4 "At rWOF MK006 VILLAGE OF OAK BROOK 200 OAS BROOK ROAD , ILLINOIS OAK BROOK, 60521-2255 novembmr 15, 1990 708 9903000 ® Tricis, Breckenridge Vice President Diginat ccMunicAtionx, Inc. 440 swith Lasalle street Chicago, Illinois 60605 near No. Breckenridge: The Village Presidonit and Board of Trustees, at, their I Koeting of October 23, 1990, app groved the rnassignment of chi rights from Access Network-ftsoarch Corridor to Diginat i, i &, Inc.-Midwast for the L-latallation of fiber optic cables within the Village of Oak Brock. Should have and questions or c s cut this a picase contact me at your earliest -,,=nvanie.-,cqt. SLricersly, hen Bi Stephen i village manager WIV asvl-brxdq "