RESOLUTION 2002-27
"TELECOMMUNICATIONS RESOLUTION"
WHEREAS, the State of Michigan recently enacted the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, Act #48 of the Public Acts of 2002 (the "Act"); and
WHEREAS, the Act, among other things, provides for a uniform permit and permit fee for access to and use of the public rights-of-way by telecommunications providers; and
WHEREAS, the Act further provides, among other things, for a distribution of funds from the Metropolitan Extension Telecommunications Rights-of-Way Oversight Authority (the "Authority"), established pursuant to Section 3 of the Act, provided the Township takes certain action in compliance with the Act; and
WHEREAS, the Township has, contemporaneously with this resolution, adopted Ordinance # 2002-03 (the "Ordinance") for purposes of complying with the requirements of the Act, so as to ensure that the Township qualifies for distributions from the Authority under the Act; and
WHEREAS, the Township desires to give additional instruction and direction to the Township Supervisor and other Township personnel charged with implementing the Ordinance;
NOW, THEREFORE, it is hereby
RESOLVED, that the Township Supervisor is hereby authorized and directed to identify all telecommunications providers holding permits or authorizations issued by the Township, and, as part of that process, to compile a list of all telecommunication providers who have paid fees to the Township since 1990, all telecommunications providers identified in the Township’s engineering or construction permit files and all regulated telephone inter-exchange carriers and competitive access providers listed on the web site of the Michigan Public Service Commission and all regulated local telephone companies licensed in Michigan listed on such web site];
FURTHER RESOLVED, that the Township Supervisor is hereby authorized and directed to provide a copy of the Ordinance to the cable company providing service in the Township, and to all telecommunications providers identified above, in satisfaction of the requirements of Section 13 (4) of the Act; and
FURTHER RESOLVED, that the Township Treasurer is hereby directed to return, to telecommunications providers, any checks or portion of check received by the Township from such providers for access and usage of the public rights-of-way in the Township after November 1, 2002 (other than the $500 application fee allowed under the Act and any fees or funds received from the Authority).
The foregoing resolution offered by Board Member Burgett and supported by Board Member Hurley.
Upon roll call vote, the following voted.
Beckwith aye
Burgett aye
Fogarty aye
Harrington aye
Hurley aye "Aye" 5 "Nay" 0
The Supervisor declared the resolution adopted.
Date of adoption November 19, 2002.
Mary Burgett
Columbia Township Clerk
CERTIFICATION
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the Township Board of the Township of Columbia, County of Van Buren, and State of Michigan, at a meeting held on November 19, 2002, the original of which is on file in my office and available to the public. Public notice of said meeting was given pursuant to and in compliance with the Open Meetings Act, Act @267 of the Public Acts of Michigan 1976.