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HomeMy WebLinkAboutResolution No. 4613 ...~....- COUNCIL RESOLUTION 4613 A RESOLUTION CALLING A CITY ELECTION ON MAY 16,2000, FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF THE CITY OF EUGENE A MEASURE AMENDING THE EUGENE CHARTER OF 1976 TO AUTHORIZE EWEB TO PROVIDE ADVANCED TELECOMMUNICATIONS CAPABILITY. DATE SUBMITTED: February 28, 2000 PASSED: 5/0 ABSENT: Farr, Nathanson & Pape REJECTED: DEFERRED TO: RESOLUTION NO. 4613 A RESOLUTION CALLING A CITY ELECTION ON MAY 16, 2000, FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF THE CITY OF EUGENE A MEASURE AMENDING THE EUGENE CHARTER OF 1976 TO AUTHORIZE EWEB TO PROVIDE ADVANCED TELECOMMUNICATIONS CAP ABILITY. The City Council of the City of Eugene finds as follows: A. The City has authority under the Eugene Charter, the Oregon Constitution, and the Eugene Code, 1971, to submit measures to the electorate of the City. B. Section 44 of the Eugene Charter of 1976 provides for the functions and membership of the Eugene Water & Electric Board (EWEB). C. The City Council has determined that a measure amending subsection (1) Section 44 of the Eugene Charter of 1976 to provide for advanced telecommunications capability and associated services should be referred to the electors of the City. NOW, THEREFORE, based upon the above findings, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. A city election is called for the purpose of submitting to the qualified electors of the City a measure attached as Exhibit 1 hereto, concerning the amendment of subsection (1) of Section 44 of the Eugene Charter of 1976 to provide for advanced telecommunications capability and associated services. Section 2. The City Council orders this city election to be held in the City of Eugene, Oregon, concurrently with the primary election on the 1 (jh day of May, 2000, in accordance with the provisions of Chapter 254 of the Oregon Revised Statutes, and the ballots shall be counted and tabulated and the results certified as provided by law. Section 3. The City Recorder is directed to give not less than ten (10) days' notice ofthe city election by publication of one (1) notice in the Register Guard, a newspaper published in the City and of general circulation within the City. Resolution - 1 Section 4. The City Manager is directed to work with EWEB to develop a Jomt resolution for adoption by EWEB and the Council by March 15. The joint resolution shall provide that EWEB's telecommunication activities comply with the following: (1) service to the entire EWEB service area within the City limits; (2) open platform or open access; (3) collaboration with other governmental entities; (4) not be funded with revenues from the water, electric or other utilities; (5) use only non-recourse bonds, which will not be issued without voter approval; and (6) involve significant public involvement. If a joint resolution is not adopted by March 15, then this resolution is automatically repealed. The foregoing Resolution adopted the 28th day of February, 2000. 1/ - Ci! R!Z: Resolution - 2 Measure No. An Amendment to subsection (1) of Section 44 of the Eugene Charter of 1976 Referred to the Electors by the City Council of the City of Eugene Subsection (1) of Section 44 of the Eugene Charter of 1976 is amended to provide: Section 44. Eugene Water & Electric Board - Functions - Membership. (1) The power of the city to generate, collect, and distribute electricity, steam, and other kinds of physical energy is hereby vested in the Eugene Water & Electric Board (the Board). The Board is further authorized to provide advanced telecommunications capability and associated services including, but not limited to, voice, video, data, internet and telecommunications services. Nothing in the previous sentence divests the City Council of any authority, including but not limited to (a) providing the same or similar types of services, or (b) exercising any regulatory, taxing or other power over telecommunications and related services whether provided by the Board or another entity. Exhibit 1