HomeMy WebLinkAboutResolution 00-27 04/17/2000
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RESOLUTION 00 _ 27
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AUTHORIZING AND APPROVING THE SUB SPECIAL CONSTRUCTION PROJECT
INDEFEASIBLE RIGHT OF USE AGREEMENT
WHEREAS, the City of Springfield ("City") desires to establish direct fiber optic communications
links between City fire stations and City Hall; and
WHEREAS, the Springfield Utility Board has constructed a network of fiber optic cables within the
City; and
WHEREAS, the City has entered into discussion with SUB to utilize certain of its fiber optic cable
for the purpose of connecting City fire stations to City Hall; and
WHEREAS, The City and SUB have separately agreed on terms and conditions under which the
City will have an indefeasible right of use of certain portions of SUB's network for the purpose of,
among other things, connecting City fire stations to City Hall; and
WHEREAS, the City and SUB have prepared a written agreement which reflects the terms and
conditions of under which SUB,will construct fiber optic connections between such network and
City fire stations and allow the City an indefeasible right of use of such fibers (the "SUB Special
Project Agreement"); and
WHEREAS, the City Manager has submitted the Sub Special Project Agreement to the council for
its review and approval in the form of a draft agreement dated April 11, 2000, (the "Draft
Agreement"), a copy whereof, marked Exhibit 1, is attached hereto and incorporated by reference
herein, accompanied by certain material reviewing and commenting upon the Draft Agreement, and
has recommended that the SUB Special Proj ect Agreement be approved; and
WHEREAS, the Council has reviewed the terms ofthe SUB Special Project Agreement and is fully
informed as to the contents thereof, and has determined that it is in the public interest to enter into
the SUB Special Project Agreement;
NOW THEREFORE, BE IT RESOLVED, that the common Council of the City of Springfield
finds and determines that it is in the public interest to enter into the SUB Special Project Permit
Agreement and the SUB Special Project Agreement is hereby approved; and
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BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to
execute the SUB Special Project Agreement substantially in the form ofthe Draft Agreement, with
such changes or amendments thereto as he shall determine to be necessary to effectuate the direction
ofthe Council and give effect to the terms ofthe Agreement, such determination to be evidenced by
his execution of the SUB Special Project Agreement.
Adopted by the Common Council ofthe City of Springfield, Oregon, this 17th
APRIL , 2000.
day of
Adopted by a vote of ~ for and ~ against.
~'1A}j)PA~
Mayor
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ATTEST:
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City Recorder
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