The URL can be used to link to this page

Home My WebLink AboutOrdinances - 23-17 - 04/03/2023 - ROW Agreement i3 Broadband CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 23-17 An Ordinance Authorizing the Execution of a Right-of-Way Permitting Agreement Between the City of McHenry and i3 Broadband Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois Apri13, 2023 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 4th day of Apri12023 ORDINANCE NO. 23-17 An OrclinanceAuthorizing the Execution of a Right-of-Way PermittingAgreement Between the City of McHenry and i3 Broaclband WHEREAS, the City of McHenry ("City"), McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City owns or controls various public ways within the corporate limits of the City, including but not limited to highways, roads, streets, lanes, alleys, paths, curbs, sidewalks, underground water and sewer, or other public ways, public easements, and public rights-of-way (hereinafter"Public Ways"); and WHEREAS, i3 Broadband, through its affiliate, iTV-3, LLC, is a holder of a certificate to provide competitive local exchange carrier service and is thus entitled to access to the City's Public Ways and desires to utilize the City's Public Ways for the installation of a fiber optic cable and appurtenances; and WHEREAS, the City intends to exercise its authority to manage i3 Broadband's use of the City's Public Ways, all in accordance with and subject to the terms, conditions and limitations of the City's Title 8, Chapter 7, Construction of Utility Facilities in the Rights-of- Way, except to the extent specifically modified by a Right-of-Way Permitting Agreement, attached hereto as Exhibit A, for the mutual convenience of and efficient operations of i3 Broadband and the City; and WHEREAS, the Mayor and City Council have concluded that the execution of the Right- of-Way Agreement is in the interests of the health, safety and welfare of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED by the CITY COLJNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: The Right-of-Way Permitting Agreement between the City of McHenry and i3 Broadband attached hereto as Exhibit A, is hereby approved, and the Mayor and Clerk of the City are hereby authorized to affix their signatures thereto in their respective official capacities as the Mayor and Clerk of the City. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. An Ordinance Authorizing the Execution of a Right-of-Way Permitting Agreement Between the City of McHenry and i3 Broadband, Page 1 SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Ayes Nays Absent Abstain Alderman Devine X Alderman Glab* Alderman Harding X Alderman Strach X Alderwoman Miller X Alderman Santi X Alderman McClatchey X * Alderman Glab did not vote as he was serving as Mayor Pro Tem APPROVED: Mayor a ne ett (SEAL) � �Q- ATTEST: ""' " � City Clerk Trisha Ramel Passed: A�ril3 2023 Approved: A�ri13 2023 Z:IMIMcKenryCityof IOrdinanceslROW Agreement.i3Broadband.doc An Ordinance Authorizing the Execution of a Right-of-Way Permitting Agreement Between the City of McHenry and i3 Broadband, Page 2 CERTIFICATION I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 3rd day of April, 2023, the foregoing Ordinance entitled An Ordinance Authorizing the Execution of a Right-of-Way Permitting Agreement Between the City of McHenry and i3 Broadband, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No 23-171 including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 4th day of April 2023, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 4�" day of Apri12023. .� �� Q. _ '��,• Monte Johnson, Deputy City Clerk '�'� � City of McHenry �9) '/ i ' -�� ; �' McHenry County, Illinois , `.v;=�� E�ii)�� e,.r:._...1��., w �` 1 e�,y,��j�1(i-�,�Pf� r":+i •y°;`.� a:�w'` 'm" y �a r'.``�,,'� 3rd April