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
"