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HomeMy WebLinkAboutResolution No. 4689 RESOLUTION NO. 4689 AMENDMENT TO JOINT RESOLUTION of The City of Eugene and The Eugene Water & Electric Board (EWEB) WHEREAS, the City of Eugene (City) and Eugene Water & Electric Board (EWEB) entered into a Joint Resolution in February and March, 2000, regarding EWEB's Telecommunications Activities, and WHEREAS, the voters adopted the Amendment to the Eugene Charter, Section 44 authorizing EWEB's Telecommunications Activities, and WHEREAS, EWEB, based upon its analysis and planning process now intends to proceed with a MetroNet, which in its initial phase is a fiber based metropolitan area network which will provide high speed services to customers in targeted areas, including downtown, within the City of Eugene and a Public Agency Network (PAN), which is an interagency effort utilizing assets owned by multiple agencies to meet the internal communications needs of public agencies within Lane County, and WHEREAS, EWEB' s Board approved the MetroNet plan by resolution dated July 10,2001, subject to development and approval of appropriate financing, and WHEREAS, EWEB's MetroNet and participation in PAN will utilize EWEB's existing network broadband capacity, currently in excess of the water and electric utility needs, and WHEREAS, consistent with the principles of the earlier Joint Resolution, EWEB intends to begin the Universal Build phase of MetroNet in year six (2007), and WHEREAS, EWEB has utilized two citizen groups to provide input and feedback to the MetroNet business plan development: a technology group consisting of representatives from both public and private entities meeting eleven times, and a citizen involvement group, consisting of fifteen individuals representing various stakeholder groups meeting five times, which meetings were all open to the public and publicly noticed in the Register Guard, and WHEREAS, EWEB held its public hearing on MetroNet on July 10,2001, and Amendment to Joint Resolution - 1 WHEREAS, the initial phase of MetroNet will be initially financed by remaining Phase I bond proceeds contained in the 1998 Revenue Bond authorization. NOW THEREFORE, be it jointly resolved that said earlier Joint Resolution is hereby amended to read as follows: Section 1. An amendment to Subsection (1) of Section 44 of the Eugene Charter of 1976 (the "Amendment") was approved by the electors, authorizing EWEB to provide advanced telecommunications capability and associated services. (Activities authorized by this amendment to the Charter are hereinafter referred to as "EWEB's Telecommunications Activities"). Section 2. In the planning, development and implementation of EWEB' s Telecommunications Activities, EWEB shall: (a) Begin the Universal Build phase of MetroNet in year six (2007) to every neighborhood and make access to the Internet and other services at a reasonable cost available to each residence, business and public facility within the EWEB service area located within the Eugene Urban Growth Boundary, and at EWEB's option, other areas. This time frame is based on current information and a projection of capital costs and availability of technology and is subject to change. However, as part of its plan, EWEB shall propose for City Council review and approval a time period for EWEB to complete this phase of the project. (b) Promote competition by providing an additional mode of telecommunications access throughout the City, and within the mode to provide an open platform, often called open access, for a variety of providers, consistent with the plan proposed in Section 2(a). ( c) Proceed with the Public Agency Network (PAN.) (d) Proceed with the initial phase of Metro Net which will include the availability of services for businesses in downtown Eugene, the Chad/Crescent Drive area, the Country Club RoadN alley River area, and the west 11 th Avenue area. Specific service territories in these areas will be developed by EWEB. ( e) Conform with existing, adopted land use plans. EWEB will also share its plans and ideas with the City to coordinate the development of the MetroN et plan and service territories with the City's acknowledged Growth Management Policies. Section 3. Any future indebtedness incurred for EWEB' s Telecommunications Activities shall utilize only financing that is non-recourse to EWEB' s electric and water utility system revenues and assets. EWEB shall proceed with the initial phase of MetroN et utilizing unspent bond proceeds from the 1998 Revenue Bond authorization. Amendment to Joint Resolution - 2 Section 4. EWEB shall not incur any future indebtedness for EWEB's Telecommunications Activities without first obtaining the approval of the City Council and then of the voters. EWEB may proceed with the initial phase of MetroNet and PAN to the extent that EWEB can do so without incurring any future indebtedness. Section 5. EWEB shall employ a multi-part public involvement process including: (a) Public briefings. Further public briefings for the initial phase of MetroNet and PAN are not required. As an ongoing part of the planning and development of any implementation plan for the Universal Build phase of MetroNet, EWEB shall advertise for and conduct public briefings for the purpose of providing the community and other interested parties with information and the opportunity to review and comment. (b) Public hearing. Further formal public hearings for the initial phase of MetroNet or P AN are not required. Prior to final approval of any comprehensive implementation plan and prior to issuance of any non-recourse project revenue bonds for the Universal Build phase of MetroNet, EWEB shall advertise for and conduct a formal public hearing for the purpose of providing the community and other interested parties with information and the opportunity to review and comment on said comprehensive plan including any financing proposal. Section 6. This Amendment to Joint Resolution may not be amended or repealed except by another Joint Resolution adopted by both City and EWEB. The foregoing Joint Resolution adopted the 62fBtday of ~2001. EUGENE WATER & ELECTRIC BOARD &i1 44~1f ~~ ~eSident . - f<. i1N\CS( Assistant Secretary The foregoing Joint Resolution adopted the 19th day of September, 2001. CITY OF EUGENE f~'.~ City Recorder Amendment to Joint Resolution - 3