HomeMy WebLinkAboutResolution No. 4626
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COUNCIL RESOLUTION 4626
A JOINT RESOLUTION BETWEEN THE
EUGENE WATER & ELECTRIC BOARD
AND THE CITY ADOPTING A
TELECOMMUNICATIONS POLICY.
DATE SUBMITTED: March 13, 2000
PASSED: 3/2
OPPOSED: Farr, Pape
ABSENT: Nathanson, Meisner & Taylor
REJECTED:
DEFERRED TO:
JOINT RESOLUTION
of
The City of Eugene - No. 'I6~f,
and
The Eugene Water & Electric Board (EWEB)
The City Council of the City of Eugene and the Eugene Water & Electric Board jointly
find as follows:
A. Through adoption of its Telecommunications Visions and Policies on April 28, 1997,
the City of Eugene (the "City") adopted a goal of a coordinated regional information infrastructure
that provides accessible and affordable high-speed connectivity for citizens, public institutions, and
businesses that is constructed in a manner that best serves the public interest.
B. Subsequent to adoption of those Policies, the City entered into a Memorandum of
Understanding with the Eugene Water & Electric Board ("EWEB ") that authorized EWEB to
construct a telecommunications infrastructure and operational network.
C. Phase I of EWEB' s Telecommunications Project was completed and operational in
December, 1999, and EWEB wishes to proceed with Phase II of the project, which would consist
of a publicly owned advanced broad band system or systems supporting voice, video, data and
internet applications with universal service.
D. EWEB has requested that the City Council refer to the voters an amendment to the
Eugene Charter of 1976 that would authorize EWEB to provide telecommunications services. By
Resolution adopted by the EWEB Board on February 1, 2000, EWEB requested that the City refer
such Charter Amendment to the voters at the May 16,2000 election.
E. On February 15, 2000, EWEB adopted a Resolution on public process to address
some of the issues raised by the City Council related to EWEB's proposed telecommunications
activities. EWEB also has responded to other issues raised by the Council. City and EWEB find
that it is in the public interest to memorialize the understandings related to those issues by adoption
of this Joint Resolution.
NOW, THEREFORE,
BE IT JOINTLY RESOLVED by the City Council of the City" of Eugene and by the
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Eugene Water & Electric Board as foilows:
Section 1. The City has by separate Resolution adopted on February 28, 2000, called a
special City election for the purpose of submitting to the qualified electors of the City an amendment
to Subsection (1) of Section 44 of the Eugene Charter of 1976 (the "Amendment"). The proposed
Amendment was requested by EWEB, and if approved by the electors, would authorize 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) Provide universal service 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. 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) Work with local public agencies, including general governments, schools, and
other organized public telecommunications consortia to develop a cost-effective and
universally accessible system to serve public needs.
Section 3. Except for development of the Phase II plan, EWEB' s Telecommunications
Activities shall be funded only by revenues from those activities, and shall not be funded with any
electric or water utility system revenues. Any 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.
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.
Section 5. EWEB shall employ a multi-part public involvement process including:
(a) Public briefings. As an ongoing part of the planning and development of any
implementation plan for Phase II of the telecommunications system, including any business
plan and feasibility analysis, EWEB shall advertise for and conduct public briefings for the
purpose of providing the community and other interested parties with information and the
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opportunity to review and comment.
(b) Public hearing. Prior to final approval of any comprehensive implementation
plan and prior to issuance of any non-recourse project revenue bonds for Phase II, 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 Resolution may not be amended or repealed except by another Joint
Resolution adopted by both City and EWEB.
The foregoing Joint Resolntion adopted the;?f~ay of ;:;~7' 2000.
Eugene Water & Electric Board
The foregoing Joint Resolution adopted the /3 Mday of m~A ,2000.
City of Eugene
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Joint Resolution - 3