08/02/99 Board of Public Works Minutes

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REGULAR MEETING `' AUGUST 2, 1999 10. Contractor agrees to indemnify the City for any liability costs, attorney fees, or damages arising out of any action of the contractor. 11. Nothing in this resolution shall prohibit the City of South Bend from modifying this policy from time to time, nor shall anything contained herein prohibit the City of South Bend from utilizing its own towing vehicles for any purpose. Dated this 2nd day of August, 1999. BOARD OF PUBLIC WORKS s/James R, Caldwell, President s/Lewis N. Powell, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 35-199 - TERMINATION OF INTERIM TELECOMMUNICATIONS PERMIT AGREEMENTS WITHMCIMETRO AND USXCHANGE Upon a motion made by Mr. Powell, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works. Ms. Michelle Engel, Assistant City Attorney, stated that these interim agreements were supposed to be temporary until the City could amend its Ordinance to accommodate the influx oftelecommunication providers. The agreements have become permanent because thr ordinance (Chapter 18) has not been amended. Further, there has been as influx of telecommunication provider inquiries, including Ameritech, Pathnet, McLeod USA, Hyperion Communications, Nillion Communications, KMC Telecom and Phone Michigan, all of whom wish to install fiber optics in South Bend's limited right ofway. The Telecommunications Act of 1996 and State law recently enacted by the Indiana Legislature do not support the interim agreement. The Telecommunications Act requires all providers to be treated equally. There is currently no charge to AT&T, Ameritech and Sprint to occupy the right of way. State law requires a quantifiable basis for charges to occupy the right of way. The interim agreements fulfil neither of those requirements. RESOLUTION NO. 35-1999 RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS TO TERMINATE OF INTERIM TELECOMMUNICATIONS PERMIT AGREEMENTS WITH MCI METRO AND USXCHANGE WHEREAS, the Board of Public Works entered into an Interim Telecommunications Permit Agreement on with MCI Metro on March 27, 1997 and with USXchange on March 2, 1998; and WHEREAS, the Board of Public Works intended for these to be temporary agreements; and WHEREAS, the Board of Public Works would like to terminate these agreements. NOW, THEREFORE, be it resolved that: I. The City of South Bend Board of Public Works hereby terminates its Interim Telecommunication Permit Agreements with MCI Metro and USXchange. 2. The Clerk of the Board of Public Works shall issue a letter to MCI Metro and USXchange notifying them of the cancellation. BE IT RESOLVED by the City of South Bend Board of Public Works on August 2, 1999 at a regularly scheduled meeting of the Board. BOARD OF PUBLIC WORKS s/James R. Caldwell, President s/Lewis N. Powell, Member ATTEST: s/Angela K. Jacob, Clerk 1 1 1