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Ordinance No. 20396
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2007 No. 20375-20400
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Ordinance No. 20396
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Last modified
6/10/2010 3:50:20 PM
Creation date
10/29/2007 12:06:09 PM
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Council Ordinances
CMO_Document_Number
20396
Document_Title
Providing for IGA to establish Regional fiber Consortium
Adopted_Date
10/22/2007
Approved Date
10/24/2007
CMO_Effective_Date
11/23/2007
Signer
Kitty Piercy
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<br />Section 6. <br /> <br />EXHIBIT A to <br />ORDINANCE NO. 20396 <br /> <br />A. <br /> <br />Plan for fiber optic system development for the Consortium. <br /> <br />B. <br /> <br />Direct and manage the use of a fiber optic system or systems obtained by the <br />Consortium or its members for the Consortium. <br /> <br />C. <br /> <br />Carry out further responsibilities and functions approved by the Consortium <br />governing body to fulfill the purposes of the Consortium. <br /> <br />AUTHORITY <br /> <br />A. <br /> <br />Consortium Authority. Except as provided in Article B of this section, the <br />Consortium shall have authority to act in the interests of the region created by <br />membership in the Consortium to oversee and direct the operation of any <br />Consortium fiber optic system created or enhanced pursuant to the right of <br />way permit agreements, or other similar means of acquisition by the <br />Consortium or its members for the Consortium, and such other responsibilities <br />as may be assigned by the members. The Consortium shall have authority to <br />carry out all functions and duties possessed by the members, either as reserved <br />in the right of way agreements or as otherwise provided by law for the <br />purposes of improving telecommunications services in the area, subject to the <br />specific provisions of this agreement. <br /> <br />B. <br /> <br />Powers Retained by Governing Bodies of Members. In the following areas <br />members reserve the authority to act on their own behalf. Each member <br />agrees to make a good faith effort to weigh the impact of such actions on the <br />overall operation and continuity of the Consortium's work, and each member <br />agrees to take no action in those areas without prior notice to the Consortium. <br />The matters subject to this retained authority are: <br /> <br />1. Revocation, termination, extension, amendment or renewal of a right- <br />of-way permit, license or franchise for any actions within the <br />member's right of way that might affect the Consortium's assets or <br />operations. <br /> <br />2. Notice concerning the use, management, control, or operation of any <br />part of the Consortium's fiber optic system within the jurisdictional <br />area of the member. All such agreements shall be subject to any <br />applicable ordinances or regulations of the member. Notice can be <br />given through the attendance of a member representative when such an <br />agreement is discussed or approved. In the absence of a member <br />representatives' attendance, notice can be given by electronic or <br />regular mail notice to the member representative. <br /> <br />3. Any action requiring the adoption of any legislation by the governing <br />bodies, the amendment of this agreement, or the granting or denying of <br />any additional right of way permit, license or franchise. <br /> <br />Intergovernmental Agreement for Regional Fiber Consortium <br /> <br />Page 4 <br />
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