HomeMy WebLinkAboutResolution 02-48 10/21/2002
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RESOLUTION NO. 02- ~
A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF THE
PUBLIC WAY USE AGREEMENT BETWEEN THE CITY AND ADVANCED TELECOM
GROUP, INC,
WHEREAS, Advanced Telecom Group, inc. ("ATG"), as of April 20, 1999, entered into
a Public Way Use Agreement with the City of Springfield (the "Agreement"); and
WHEREAS, Section 14.1 of the Agreement provides that A TG shall not assign or transfer
the Agreement, or all or any portion of its rights thereunder, without the consent of the City; and
WHEREAS, on May 2, 2002, A TG filed for protection under Chapter 11 of the Bankruptcy
Code; and
WHEREAS, pursuant to an order of the U. S. Bankruptcy Court dated June 21, 2002, certain
assets of A TG, including, among other things, certain facilities and equipment within the public
ways of the City, were sold to GE Business Productivity Solutions, Inc. ("GE"); and
WHEREAS, GE has applied for, and was, on October 1, 2002, granted a
telecommunications license pursuant to Section 4.602 of the Springfield Municipal Code; and
WHEREAS, GE, by letter dated July 26,2002, has requested that the City consent to the
transfer of the Agreement; has submitted, in connection with its application for a
telecommunications license, certain information and material establishing its technical and financial
qualifications to perform the provisions ofthe Agreement and has agreed to assume, on a prospective
basis, all the rights and responsibilities that A TG has under the Agreement; and
WHEREAS, A TG is presently not in default of any obligations under the Agreement and
has, by letter dated July 29,2002, concurred in the request of GE to transfer the Agreement; and
WHEREAS, staff have provided information and material in connection with the request
of GE, and have recommended that the City consent to the transfer of the Agreement; and
WHEREAS, Council has considered the material supplied by GE, the concurrence of A TG,
and material and information supplied by staff; and
WHEREAS, Council is fully advised in the premises and has considered the record before
it;
NOW, THEREFORE, BE IT RESOLVED, that under all the facts and circumstances, and
in reliance on the material submitted by GE, and the representations made in its letter of July 26,
2002, it is in the public interest to consent to the transfer of the Agreement; and be it
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FURTHER RESOLVED, that the City Manager is authorized and directed to enter into a
Public Way Use Agreement with GE, in the form of the Agreement, for the balance of the term
thereof; and be it
FURTHER RESOLVED, that this resolution shall be deemed effective upon adoption.
Adopted by the Cornman Council of the City of Springfield, Oregon, this 21st day of
October ,2002.
Adopted by a vote of --L- for and ~ against.
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City Recorder )
REVIEWED & APPROVED
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OFFICE OF CITY ATTORNEY
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