HomeMy WebLinkAboutResolution 00-28 04/17/2000
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RESOLUTION ~ - ~
AUTHORIZING AND APPROVING THE SUB NETWORK 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 ("SUB") has constructed a network of fiber optic cables
within the City; and
WHEREAS, the City has entered into discussions 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 entered into an agreement whereby SUB will
construct certain fiber optic connections between City fire stations and the SUB network and will
grant an indefeasible right of use to such fiber optic connections; 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 the City will use a portion of such network and allow the City an
indefeasible right of use of such fibers (the "SUB Network Agreement"); and
WHEREAS, the City Manager has submitted the SUB Network Agreement to the council for its
review and approval in the form of a draft agreement dated Aprilll, 2000, (the "Draft Agreement"),
a copy whereof, marked Exhibit 2, 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 Network Agreement be approved; and
WHEREAS, the Council has reviewed the terms of the SUB Network 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 Network Agreement;
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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 Network Agreement and
the SUB Network Agreement is hereby approved; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to
execute the SUB Network 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 of
the Council and give effect to the terms of the Agreement, such determination to be evidenced by
his execution ofthe SUB Network Permit Agreement.
Adopted by the Common Council of the City of Springfield, Oregon, this 17 th
APRIL , 2000.
Adopted by a vote of ~ for and -L against.
day of
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Mayor
ATTEST:
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City Recorder
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