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R-1768 - 12/11/2018 - TELECOMMUNICATIONS - Resolutions Supporting DocumentsBOARD OF TRUSTEES MEETING SAMUEL E. DEAN BOARD ROOM BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of December 11, 2018 SUBJECT: Master Attachment Agreement – AT&T FROM: Jim Fox, Information Technology Director, Doug Patchin, Public Works Director, and Tony Budzikowski, Development Services Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board approve Resolution 2018- TELECOM-TWR-AG-R-1768, a Resolution Approving and Authorizing a Master Attachment Agreement (MAA) between the Village and New Cingular Wireless PCS, LLC d/b/a AT&T Mobility to permit the attachment of small wireless facilities to Village-owned poles. Background/History: At the November 14, 2017 and July 10, 2018 Board of Trustees meetings, the Village Board approved amendments to Title 8 of the Village Code authorizing regulations for the construction of facilities within the Village controlled rights-of-way. Representatives from AT&T have identified initial locations where they plan to install small cell wireless antennas on Village owned facilities. In compliance with the Code and State Statute (i.e. Small Wireless Facilities Deployment Act), the carrier has drafted a Master Attachment Agreement. This draft has been reviewed and approved by the Village Attorney. Recommendation: Staff recommends that the Village Board approve Resolution 2018-TELECOM-TWR-AG-R-1768, a Resolution Approving and Authorizing a Master Pole Attachment Agreement between the Village and New Cingular Wireless PCS, LLC d/b/a AT&T Mobility to permit the attachment of small wireless facilities to Village-owned poles. ITEM 8.C.6 RESOLUTION 2018-TELECOM-TWR-AG-R-1768 A RESOLUTION APPROVING AND AUTHORIZING A MASTER POLE ATTACHMENT AGREEMENT BETWEEN THE VILLAGE AND NEW CINGULAR WIRELESS PCS, LLC D/B/A AT&T MOBILITY TO PERMIT THE ATTACHMENT OF SMALL WIRELESS FACILITIES TO UTILITY POLES WHEREAS, New Cingular Wireless PCS, LLC d/b/a AT&T Mobility (“Licensor”) is the owner of certain utility poles, which are located within the geographic area of a license to provide wireless services issued by the Federal Communications Commission (FCC) to the Village of Oak Brook (“Village”); and WHEREAS, the Village desires to install, maintain and operate small wireless facilities in and/or upon certain of Licensor's utility poles; and WHEREAS, the President and Board of Trustees of the Village have determined that it is in the best interests of the Village to enter into a Master Pole Attachment Agreement (“Agreement”) with Licensor to permit the attachment of small wireless facilities to Licensor’s utility poles. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Agreement by and between the Village and Licensor in substantially the same form as attached as Exhibit A, and in a final form approved by the Village Attorney. Section 3: Authorization and Execution of the Agreement. The Village Manager and Village Clerk shall be, and hereby are, authorized to execute the Agreement after receipt of the final Agreement fully executed by the Licensor. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2018-TELECOM-TWR-AG-R-1768 Master Pole Attachment Agmt. With AT&T Mobility Page 2 of 2 APPROVED THIS 11th day of December, 2018 Gopal G. Lalmalani Village President PASSED THIS 11th day of December, 2018 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk