REGULAR MEETING CHARTER TOWNSHIP OF FLINT BOARD OF TRUSTEES

MOTION BY D. LEYTON, SECOND BY V. BURNS, to approve the Second Reading of Flint Township Ordinance No. 7007 implementing Act 48, the Metropolitan Extension Telecommunication Rights of Way Oversight Act.

ROLL CALL VOTE: MOTION CARRIED UNANIMOUSLY

B) ADOPT TELECOMMUNICATIONS RESOLUTION

MOTION BY D. LEYTON, SECOND BY G. MENOUTES,

WHEREAS, the State of Michigan recently enacted the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act, Act No. 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 No. 7007, (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 or the County Road Commission’s engineering or construction permit files, all regulated telephone interexchange 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(ies) 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 checks 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).

ROLL CALL VOTE: MOTION CARRIED UNANIMOUSLY

The Clerk indicated that the Board unanimously opposed the forcing of this Ordinance to be adopted by the local governments and they only adopted the ordinance on the advice of the Township Attorney.

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