Item 5: Ordinance on Fiber-Optic System

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Exhibit A Sept 07 DRAFT : INTERGOVERNMENTAL AGREEMENT TO ESTABLISH A REGIONAL FIBER CONSORTIUM FOR THE OWNERSHIP AND OPERATION OF A FIBER OPTIC SYSTEM AN AGREEMENT, entered into by and between some or all of the following: the Cities of Oakridge, Westfir, Lowell, Springfield, Coburg, Klamath Falls, Merrill, Bandon, Myrtle Point, Coquille, Coos Bay, North Bend, Reedsport, Roseburg, Sutherlin, Yoncalla, Drain, Cottage Grove, Creswell, Eugene, Veneta and Florence, all of which are Oregon municipal corporations, and Lane County, Klamath County; Coos County and Lincoln County all of which are political subdivisions of the State of Oregon. RECITALS WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for the performance of any or all functions and activities that a party to the agreements, its officers or agents, have authority to perform; and WHEREAS Regional Fiber Consortium and Fiber South Consortium have developed a close working relationship, including joint control of fiber assets so that it makes operational and fiscal sense to merge the two entities, with Regional Fiber Consortium becoming the successor to both entities. 1.AGREEMENT Now therefore it is agreed: Section 1. MERGER Fiber South Consortium is by this agreement, merged with and subsumed into the Regional Fiber Consortium. All the assets, property and liabilities of Fiber South Consortium are by the effect of this agreement, absorbed by and become the possession of Regional Fiber Consortium. Section 2. GENERAL PURPOSE To form a joint entity (hereafter the Regional Fiber Consortium, or “the Consortium”) consisting of representatives from certain units of local government to carry out the following purposes: A. To assume ownership and control of fiber optic cable obtained by the Consortium, or by any member government, that the government, in its discretion, deems it is appropriate to contribute to the Consortium; Ordinance - 4