ORDINANCE NO. 2021-33
“AN ORDINANCE APPROVING AN AGREEMENT
WITH CHICAGO SMSA LIMITED PARTNERSHIP, D/B/A VERIZON WIRELESS, CONCERNING UTILITY POLE-MOUNTED WIRELESS COMMUNICATION EQUIPMENT”
 
______________________________________________________________________________
 
PASSED AND APPROVED BY THE
 
VILLAGE BOARD OF THE
 
VILLAGE OF WORTH
 
THIS 21 DAY OF SEPTEMBER, 2021
 
______________________________________________________________________________
Published in pamphlet form by authority of the Village Board of the Village of Worth, Cook County, Illinois, this 21 day of September, 2021.
VILLAGE OF WORTH,
COOK COUNTY, ILLINOIS
 
ORDINANCE NO. 2021-33
 
AN ORDINANCE APPROVING AN AGREEMENT
WITH CHICAGO SMSA LIMITED PARTNERSHIP, D/B/A VERIZON WIRELESS, CONCERNING UTILITY POLE-MOUNTED WIRELESS COMMUNICATION EQUIPMENT
 
   WHEREAS, the Village of Worth (“Village”) is an Illinois municipal corporation lawfully organized and existing under the Constitution and laws of the State of Illinois, including, without limitation, the Illinois Municipal Code (65 ILCS 5/1, et seq.) (“Code”); and
   WHEREAS, Chicago SMSA Limited Partnership, d/b/a Verizon Wireless, (“Verizon”) is an Illinois limited partnership with offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey; and
   WHEREAS, the Code (65 ILCS 5/2-2-12) authorizes the Village to enter into agreements and to take other acts necessary to exercise its statutory powers; and
   WHEREAS, pursuant to and in accordance with the Small Wireless Facilities Deployment Act (50 ILCS 840/1, et seq.) (“Act”), Verizon wishes to mount certain wireless equipment on Village utility poles; and
   WHEREAS, the Village and Verizon wish to enter into the Master Pole Attachment Agreement attached as Exhibit 1 to this Ordinance (“Agreement”) to establish the terms and conditions Verizon must comply with when using Village utility poles; and
   WHEREAS, the Village Board finds that approving the Agreement will benefit the public health, safety, and welfare by allowing the provision of wireless communication services in accordance with and as required by the Act;
   WHEREAS, Verizon has reviewed the Agreement and wishes to approve it; and
   WHEREAS, the Village has reviewed the Agreement and wishes to approve it; and
   NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Worth, Cook County, Illinois, as follows:
   Section 1:   RECITALS.    The foregoing recitals and all exhibits attached to this Ordinance are incorporated as though fully set forth herein.
   Section 2:   AGREEMENT APPROVED.  The Agreement attached as Exhibit 1 is hereby approved, the Village President and Village Clerk are authorized and directed to execute the Agreement on the Village’s behalf, and the Village President is authorized to take all actions necessary to implement and enforce the Agreement’s terms.
   Section 3.   SUPERSEDERAll ordinances, resolutions, and parts thereof in conflict with this Ordinance are hereby repealed to the extent and only to the extent they conflict with this Ordinance.
Section 4.   SEVERABILITYIf any part, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the remaining sections, subsections and clauses shall not be affected thereby.
   Section 5.   EFFECTIVE DATEThis Ordinance shall be in full force and effect from and after its passage and approval as provided by law.
   
[Signature page follows]
 
   Passed by the Village President and Village Trustees this 21 day of September, 2021, on a roll call vote as follows:
AYES:    Ryan, Urban, Dziedzic and Packwood (4)   
NAYS: (0)
ABSENT: Muersch Jr. & Kats (2)
 
ABSTAIN: (0)
         
Approved by the Village President on September 21, 2021
 
____________________________
Mary Werner, Village President
 
ATTEST:
                              
_____________________________
Bonnie Price, Village Clerk
 
Exhibit 1
 
Master Pole Attachment Agreement Between Village of Worth and Verizon Wireless
 
[attached]
 
4824-4507-4723, v.  1