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HomeMy WebLinkAboutResolution 00-27 04/17/2000 . . . ., RESOLUTION 00 _ 27 -- 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 Page 1 of 2 . . . ~.' 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 ~ ATTEST: ~ City Recorder R E" \ t: "'" ~ \~ \1)-)\::> \-=\~\~\~~~~\) A"'> ~ ~~~ ~ \:. SO\..\.)\\C~ O~\.'{ "J 0 ~~-(\ ~ ~ \.. t:..A\~ I <::::> ~ l.. (, <:! 01= c ~( f'\ "" C(\ ~ t:.. "1 '-\ , \'7. \ "'2. c C)D Page 2 of 2