HomeMy WebLinkAboutOrdinance No. 20182ORDINANCE NO. 20182
AN ORDINANCE PROVIDING FUR AN INTERGOVERNMENTAL
AGREEMENT TO ESTABLISH A REGIONAL FIBER CONSORTIUM FOR
THE OWNERSHIP AND OPERATION OF A FIBER OPTIC SYSTEM.
The City Council of the City of Eugene finds that:
A. GRS 194.010 provides that a unit of local government may enter into a written
agreement with any other unit or units of local government for the performance of any function that
a party to the agreement has authority to perform.
B. The City of Eugene has had discussions with several other units of lacal government,
including Lane County, Douglas County, Caos County, the Cities of Springfield, Cottage Grove,
Reedsport and other cities in the region regarding the formation of an entity by way of an
intergovernmental agreement for the purpose of mutual assistance in achieving the common goal of
better and more advanced telecommunications services in the area.
C. GRS 190.085 requires that each of the parties to an intergavernmental agreement
creating an intergovernmental entity under GRS 190,010 enact an ordinance ratifying creation of the
intergovernmental entity.
NOW THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. 1t is the intent of the City Council to create an intergavernmental entity, to be
known as the Fiber South Consortium, by an intergovernmental agreement entered into by the City
and other units of local government pursuant to the provisions of ORS 190,043 e~ seq.
Section 2. The effective date of such intergovernmental agreement shall be the date after the
adoption of this ordinance upon which the intergovernmental agreement is signed by and for the City
of Eugene pursuant to the authorization of this ordinance.
Section 3. The public purposes for which the Regional Fiber Cansortium shall be created
shall be
3.1 To assume ownership and control of f ber optic cable obtained by the
consortium, or by any member government, that the government, in its discretion, deems it
Grdinance -1
is appropriate to contribute to the consortium;
3.2 To provide for the members a fiber optic system, or components thereof, that,
consistent with available resources, best serves the public interest in an efficient manner;
3.3 To provide a forum for communication and consultation among members and
to provide an opportunity far a cooperative and equitable sharing of the expenses, data,
expertise, experience and plans of each unit of local government;
3.4 If feasible for and agreeable to some or all of the members, take ~ oint or
common action to provide the appropriate level of communication services to the citizens
of the various jurisdictions; and
3.5 Ta acquire such additional tangible and intangible assets as are deemed
necessary to fulfill the other purposes of the consortium.
Section 4, The powers, duties and functions of the Regional Fiber Consortium shall be:
4.1 Plan for fiber optic system development for the consortium.
4.2 Direct and manage the use of a fiber optic system or systems obtained by the
consortium or its members.
4.3 when requested, act as the agent of the members in the preparation and
negotiation of agreements concerning the acquisition, management and use of the
consortium's fiber optic systems.
4.4 Carry out further responsibilities and functions as provided by the members.
Section 5. The City Manager is hereby authorized and directed to evidence this ratification
of the creation of the Regional Fiber Consortium by executing, an behalf of the City of Eugene, a
copy of an INTERGOVERNMENTAL AGREEMENT TO ESTABLISH A CONSORTIUM OF
LOCAL GOVERNMENTS FOR THE OWNERSHIP AND OPERATION OF A FIBER OPTIC
SYSTEM, substantially in the form of a draft dated June 1,1999, with such changes as determined
not inconsistent with the provisions of this ordinance, such determination to be evidenced b the
y
City Manager's execution of the agreement.
Passed by the City Councii this Approved by the Mayor this
6th day of December,1999
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City Recorder
Ordinance ~ 2
bth day of December,1999