Item 5: Ordinance on Fiber-Optic System

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Advantages to Eugene Gained from the Consortium During formation of the Fiber South Consortium, Eugene was involved in negotiating an agreement for the Eugene area fiber optics construction. This resulted in Eugene getting two bundles of fibers - 96 in one and 12 in another. These bundles provide key connections for the City of Eugene’s internal telecommunications system. This fiber also became the basis for enabling the formation of a Public Agency Network (PAN), a coalition of local governments and schools that provide each other cost- efficient interconnections and improved telecommunications services throughout the metropolitan region. Both the Fiber South and Regional Fiber consortia secured fiber for improved connections to Salem and Portland, making the internet and data connections from the City faster and more secure. Regionally, the consortia played a role in the development of redundant telecommunications rings in the valley and central coast, and in the Klamath Falls/Medford area. The consortia are now in negotiations to provide fiber to connect Eugene and Oakridge, Eugene and Cottage Grove, and Eugene and Junction City and Harrisburg. Assisting nearby jurisdictional partners has reaped benefits for communities seeking to move to or stay on the right side of the ‘digital divide” and Eugene has gained supporters from these communities in achieving its legislative goals. Other Background Information The council is reviewing this action because of a state law requirement provided in ORS 190.085. ORS 190.085: Ordinance ratifying intergovernmental agreement creating entity. (1) Prior to the effective date of an intergovernmental agreement creating an intergovernmental entity, each of the parties to the intergovernmental agreement shall enact an ordinance ratifying the creation of the intergovernmental entity. An ordinance enacted under this subsection shall: (a) Declare that it is the intent of the governing body enacting the ordinance to create an intergovernmental entity by intergovernmental agreement; (b) Specify the effective date of the intergovernmental agreement; (c) Set forth the public purposes for which the intergovernmental entity is created; and (d) Describe the powers, duties and functions of the intergovernmental entity. (2) Not later than 30 days after the effective date of an intergovernmental agreement creating an intergovernmental entity under ORS 190.010, the parties to the intergovernmental agreement shall file with the Secretary of State copies of the ordinances required under this section together with a statement containing the name of the intergovernmental entity created, the parties to the agreement, the purpose of the agreement and the effective date of the agreement. RELATED CITY POLICIES The City Council affirmed the policy of fiber asset management when it approved the 1999 consortium ordinance and discussed the benefits of the ORS 190 organization aimed at fostering urban-rural rela- tionships and encouraging public-private partnerships. In addition, the City’s telecommunications poli- cies are aimed at ensuring that all City residents, businesses, and public institutions shall have access to the full range of telecommunications services at reasonable, affordable rates. Another policy provides that the City shall have access to reliable, flexible, telecommunications services. As a member of the Fiber South consortium, and learning from the joint working relationship with the Regional Fiber Consortium, staff desire to amend the working agreement in recognition of the operating reality. Currently, the legal entity owning the 12 strands of fiber is composed of: Eugene, Springfield, Veneta, Florence, Dunes City, Reedsport, Lakeside, Coos Bay, North Bend, Bandon, Coquille, Rose- burg, Sutherlin, Drain, Yoncalla, Cottage Grove, Creswell, Lane County; Douglas County and Coos F:\CMO\2007 Council Agendas\M071022\S0710225.DOC