HomeMy WebLinkAboutOrdinance 5926 06/21/1999
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ORDINANCE NO. 5926
AN ORDINANCE RATIFYING THE CREATION OF THE REGIONAL FIBER
OPTIC CONSORTillM AND AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT
CREATING THE CONSORTillM ON BEHALF OF THE CITY OF SPRINGFIELD.
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES ORDAIN AS
FOLLOWS:
Section 1.
Section 2.
Section 3.
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b.
c.
d.
e.
Section 4.
It is the intent ofthe Springfield City Council to create an intergovernmental
entity, to be known as the Regional Fiber Consortium, by an intergovernmental
agreement entered into by the City and other units of local government pursuant to
the provisions of ORS 190.003 et seq.
The effective date of such intergovernmental agreement shall be July 1,1999, or
such later date as shall be the date two participating units of local government
shall have adopted an ordinance ratifying the creation of the Regional Fiber
Consortium.
The public purposes for which the Regional Fiber Consortium shall be created
shall be:
a.
To assume ownership and control of fiber optic cable obtained by the consortium,
or by any member government, that the government, in its discretion, deems it is
appropriate to contribute to the consortium;
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;
To provide a forum for communication and consultation among members and to
provide. an opportunity for a cooperative and equitable sharing of the expenses,
data, expertise, experience and plans of each unit of local government;
If feasible for and agreeable to some or all of the members, take joint or common
action to provide the appropriate level of communication services to the citizens
ofthe various jurisdictions; and
To acquire such additional tangible and intangible assets as are deemed necessary
to fulfill the other purposes of the consortium.
The powers, duties and functions ofthe Regional Fiber Consortium shall be:
a. Plan for fiber optic system development for the consortium.
b. Direct and manage the use of a fiber optic system or systems obtained by the
consortium or its members.
c. When requested, act as the agent of the members in the preparation and
REVIEWED & APPROVED
AS TO FORM .
~D~'~ .J '-~~~
DATE: i.:. \ ~ ~ ~ ~
OFFICE OF CITY ATTORNEY
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Ol:'dinance 5926
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d.
negotiation of agreements concerning the acquisition, management and use of the
consortium's fiber optic systems.
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 oftheRegional Fiber Consortium by executing, on behalf ofthe City
of Springfield, a copy of an INTERGOVERNMENTAL AGREEMENT TO
ESTABLISH A REGIONAL FIBER CONSORTIUM 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 he determines are not inconsistent
with the provisions of this ordinance, such determination to be evidenced by his
execution of the agreement.
ADOPTED by the Common Council ofthe City of Springfield this ~ day of June
1999, by a vote of ~ for and ~ against.
APPROVED by the Mayor ofthe City of Springfield this -.lL day of June , 1999.
~~1tA~
Maureen M. Maine, Mayor
ATTEST:
J 1_ t k~ Lv ~ being first duly sworn, deposes and says that
Maureen M. Maine, to me personally known, and known by me to be the person described in the
fOE,egoin.s; instrument did sign this ordinance with her hand in my presence this ~ bt-. day of
(]~ , 1999.
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drdinance 5926
Page 3
INTERGOVERNMENTAL AGREEMENT
TO ESTABLISH A REGIONAL FIBER CONSORTIUM
FOR THE OWNERSHIP AND OPERATION OF A FIBER OPTIC SYSTEM
AN AGREEMENT, entered into by and between the City of Oak ridge, the City of West fir,
the City of Lowell, the City of Springfield, the City of Coburg, the City of Klamath Falls, the
City of Chiloquin and the City of Merrill, all of which are Oregon municipal corporations,
and Lane County, a political subdivision of the State of Oregon, and Klamath County; a
political subdivision of the State of Oregon.
REelT ALS
WHEREAS,ORS 190.010 provides that units of local government may enter into agreements
for the perfornlance of any or all functions and activities that a party to the agreements, its
officers or agents, have authority to perform.
AGREEMENT
Now therefore it is agreed:
Section 1.
GENERAL PURPOSE
To form a joint entity (hereafter the Regional Fiber Consortium, or "the consortium")
consisting of representatives from certain units oflocal government to carry out the following
purposes:
A. To assume ownership and control of fiber optic cable obtained by the
consortium, or by any member government, that the government, in its
discretion, deems it is appropriate to contribute to the consortium;
B. 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;
C. To provide a forum for communication and consultation among members and
to provide an opportunity for a cooperative and equitable sharing of the
expenses, data, expertise, experience and plans of each unit of local
government;
D.
If feasible for and agreeable to some or all of the members, take joint or
common action to provide the appropriate level of communication services to
the citizens of the various jurisdictions; and
Intergovernmental Agreement for Regional Fiber Consortium
June 1, 1999
Page 1 0[8
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Ot'dinance 5926
Page 4
E.
To acquire such additional tangible and intangible assets as are deemed
necessary to fulfill the other purposes of the consortium.
Section 2.
MEMBERSHIP
A. Membership in the consortium is, subject to the approval of the original members of
the consortium, open to any local govemment and other govemmental entities with a
contribution to make to the fulfillment of the purposes of the consortium. Any local
govemment listed in the first paragraph of this agreement may become a member of
the consortium at any time by appropriate action.
B. Membership by an entity not listed in the initial paragraph of this intergovemmental
agreement shall be subject to the approval of the existing membership of the
consortium; The existing members of the consortium shall consider any application
for membership and may approve the application whenever the additional
membership will further contribute to the efficient achievement of the purposes of the
consortium. Such approval shall be a prerequisite for the adoption of any necessary
ordinances. The goveming body of any local government may attain membership by
adopting an ordinance enacting the intergovernmental agreement. Any other entity
may obtain membership in the consortium when such membership is consistent with
applicable law and is initiated pursuant to such applicable law.
C.
Associate membership may be available for any other entity whom the members of
the consortium recognize as appropriately able to contribute to the purposes of the
consortium. Associate members shall be able to participate in all meetings and
discussions, but may not participate in any recorded final vote that creates an
obligation for any member. The consortium shall develop appropriate standards and
, procedures for admission of associate members.
Section 3
FUNCTIONS
The basic functions of the consortium are:
A. Plan for fiber optic system development for the consortium.
B. Direct and manage the use of a fiber optic system or systems obtained by the
consortium or its members.
C. When requested, act as the agent of the members in the preparation and
negotiation of agreements conceming the acquisition, management and use of
the consortium's fiber optic systems.
D. Carry out further responsibilities and functions as provided by the members.
Intergovemmental Agreement for Regional Fiber Consortium
June 1, 1999
Page 2 of8
Ordinance 5926
Page 5
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Section 4.
AUTHORITY
A. Consortium Authority. Except as provided in Article B of this section, the
Consortium shall have authority to act on behalf of the members to oversee
and direct the operation of any consortium fiber optic system created or
enhanced pursuant to the right of way pennit agreements, or other similar
agreements entered into by the consortium or its members, and such other
responsibilities as may be assigned by the members. The Consortium shall
have authority to carry out all functions and duties possessed by the members,
either as reserved in the right of way agreements or as otherwise provided by
law relating to such agreements, subject to the specific provisions of this
agreement.
B. Powers Retained by Governing Bodies of Members. In the following areas
members reserve the authority to act on their own behalf. Each member
agrees to make a good faith effort to weigh the impact of such actions on the
overall operation and continuity of the system, and each member agrees -to
take no action in those areas without prior notice to the consortium. The
matters subject to this retained authority are:
1.
Revocation, termination, extension, amendment or renewal of a right-
of-way permit, license or franchise for any actions within the
member's right of way.
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2. Notice and an opportunity to review prior to the execution of any
agreement by the consortium concerning the use, management, control,
or operation of any part of the consortium's fiber optic system within
the jurisdictional area ofthe member. All such agreements shall be
subject to any applicable ordinances or regulations of the member.
3. Any action requiring the adoption of any legislation by the governing
bodies, the amendment of this agreement, or the granting or denying of
any additional right of way permit, license or franchise.
4. Any decision concerning a change of ownership or control of a system
subject to a right of way permit, license or franchise.
c.
Discretionary Review.No action of the consortium in regard to the following
matters shall become final before a period of 30 days has expired from the
adoption thereof by the consortium. These actions shall be subject to review
by each member during the 30 day period in accordance with procedures
established by the member. The purpose of this review is to permit governing
bodies of members to understand the consortium's intended actions in matters
of particular concern, and to allow the consortium to reconsider such actions,
if necessary. The matters subject to this discretionary review are:
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Intergovernmental Agreement for Regional Fiber Consortium
June 1, 1999 .
Page 3 of8
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O'rdinance 5926
Page 6
Section 5.
1.
Any sanctions to be imposed on any user of the fiber optic system for
failure to comply with the tenns of an agreement with the consortium.
2. Adoption, amelldment or repeal ofregulations governing the operation
of the system.
RULES OF PROCEDURE
The consortium shall adopt rules of procedure. The rules shall:
A. Establish times and places of meetings.
B. Establish a central office for the consortium, which shall have a mailing
address, a telephone, and appropriate records of the consortium.
C. Prescribe officers of the consortium to be elected by the consortium from
among its members.
D. Provide for the organization and operation of the meetings of the consortium,
wherein each member shall be entitled to select one representative to attend
and vote at consortium meetings, that a quorum for any meeting shall consist
ofa majority of the members having delegated representatives. The original
. rules of procedure shall provide that a decision of the consortium, including a
decision to amend the rules of procedure, may be made only upon the
affirmative vote of at least half of the members of the consortium. The rules
of procedure may be amended to provide that decisions may be made by less
than a majority of the members, except that no amendment of the rules of
procedure may ever be made by less than a majority of the members. The
rules of procedure may provide for meetings to be conducted by telephone or
for the attendance of some member's representatives by telephone.
Section 6.
CONTRACTS
The consortium is authorized by the members to enter into contracts for:
A. Technical and professional services.
B. Construction and installation of any facilities necessary to achieve the
objectives of this agreement.
C. Provision of any form of telecommunications services to the consortium area,
or any part thereof.
D.
The purchase and ownership of real and personal property.
Intergovernmental Agreement for Regional Fiber Consortium
June 1, 1999
Page 4 of8
Ordinance 5926
Page 7
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The Consortium's contracts shall be valid when signed by the presiding officer of the
consortium, after authorization of such signature by the members of the consortium.
Section 7
COST OF OPERA nON
A. The cost of operation of the consortium shall be deternlined by its members. In
accordance with and subject to the Oregon Local Budget Law, the consortium may
make expenditures for the purchase of materials, services, supplies and equipment.
Expenditures shall not exceed the funds appropriated for the purpose by the members
or acquired through the operations of the consortium. No member shall be obligated
for any payments except as previously approved by the member. All obligations of
the consortium shall be subject to prior appropriation of funds.
B.
Any revenues received in excess of the budgeted cost of operation may be reinvested
in the provision of additional services by the consortium, or held in a reserve account
for future needs, or otherwise used as determined by the consortium. Revenues in
excess of operational costs may also b~ returned to the members when such action is .
made a part of the consortium's adopted budget. The consortium recognizes that
some members have made greater contributions to the establishment of the
consortium than other members, when measured in terms of goods and services
donated, forbearance in the collection of right-of-way fees, or other financial
. contributions. This difference in contributions shall have no effect on membership
rights, except that it may be reflected in return payments to members, which shall be
roughly proportional to the value of each member's contribution.
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Section 8.
TERMINATION
. The duration of this agreement shall be perpetual. Any member may terminate its
participation in the agreement and withdraw from the consortium upon 90 days written notice
of withdrawal to the consortium and other members. However, expenditures contracted for
by the consortium after the date of notice of intent to withdraw shall not constitute an
obligation on the part of the member providing notice of withdrawal. Where a member has
the right to collect fees for the use of the right of way, and where the consortium occupies the
right of way within the jurisdiction of the member, in the event that a member withdraws
from the consortium, the consortium shall become responsible for the payment of right of
way fees or for franchise fees or other like charges, in the same manner and to the same
degree as would be true for any private entity, unless other arrangements are made at the time
of withdrawal.
Section 9.
MEDIATION
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In the event of a dispute or disagreement regarding the performance, terms or conditions of
this agreement, unless otherwise provided, the dispute shall be submitted to mediation.
Intergovernmental Agreement for Regional Fiber Consortium
June 1, 1999
Page 5 of8
Ordinance 5926
Page 8
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Section 10. INDEMNITY
The Consortium, and each of the parties agrees to defend, indemnify and save the other
harn1less from any claim, liability or damage resulting including attorney fees from any error,
omission or act of negligence on the part of the indemnifying party, its officers or employees
in the perforn1ance of its responsibilities under this agreement. The parties indemnity and
hold harn1less obligations are subject to the limitations of the Oregon Tort Claims Act and
the Oregon Constitution, as applicable.
In providing the services specified in this agreement (and any associated services) all the
parties are public bodies and maintain their public body status as specified in ORS 30.260.
All the parties understand and acknowledge that all parties retain all immunities and
privileges granted them by the Oregon Tort Claims Act (ORS 30.260 through 30.295) and
any and all other statutory rights granted as a result of their status as local public bodies.
Section 11. EFFECTIVE DATE
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As required by ORS 190.085, prior to becoming effective, each of the parties to the
intergovernmental agreement shall enact an ordinance ratifying the creation of the
intergovernmental entity, declaring that it is the intent of the governing body enacting the
ordinance to create an intergovernmental entity by intergovernmental agreement, specifying
the effective date of the agreement, setting forth the public purposes of the intergovernmental
entity and describing the powers, duties and functions of the intergovernmental entity. Not
!liter than 30 days after the effective date of the intergovernmental agreement, each member,
upon joining, must file with the Secretary of State copies of the enacting ordinance and
copies of this intergovernmental agreement.
This agreement shall become effective for the first and second member of the consortium
. upon the adoption of an enacting ordinance by the second member adopting such an enacting
ordinance, and shall thereafter become effective for each additional member of the
consortium upon adoption of an enacting ordinance.
Section 12. NOTICE.
Until notice of a change is provided to all then current members of the consortium, all notice
to the consortium shall be directed to:
Milo Mecham
Lane Council of Governments
125 E 8th Ave.
Eugene, OR 97401
541-6824023
fax 541- 6824099
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Intergovernmental Agreement for Regional Fiber Consortium
June 1, 1999
Page 60f8
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Ordinance 5926
Page 9
DEFINITIONS
For purposes of this agreement the following tenns shall mean:
A. Member. A local government that has accepted the ternlS of this
intergovernmental agreement and has been accepted as a member of the consortium.
The original members shall be Coburg, Lane County, Lowell, Oakridge, Springfield
and Westfir; Klamath County, Klamath Falls, Chiloquin and Merrill.
B. Consortium. A local government fonned as an organization of governments by an
intergovernmental agreement having the power to own property, enter into
agreements and such other powers as described in this agreement.
C. Right-of-way permit. A permit or license granted by a member government to an
entity, such pernlit allowing the entity to install telecommunications facilities within
the public right-of-way within the jurisdiction of a member government.
D. Associate Member. A nonvoting member of the association who may attend all
meetings and participate in the activities of the consortium to the extent allowed by
law or by agreement between the consortium and the associate member.
E. Fiber Optic System. A system for telecommunications consisting of the physical
fiber optic cable, the electronic systems necessary to communicate signals along the
fiber cable, such other equipment to facilitate the introduction and transmission of a
. communication signal, and a means of connection to the source and destination for a
communications signal. }
SIGNED:
THE CITY OF CHILOQUIN
THE CITY OF COBURG
Signature (Title)
Signature (Title)
Date
Date
KLAMATH COUNTY
THE CITY OF KLAMATH FALLS
Signature. (Title)
Signature (Title)
Date
Date
Intergovernmental Agreement for Regional Fiber Consortium
June 1, 1999
Page 7 of8
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Ordinance 5926
Page 10
LANE COUNTY
THE CITY OF LOWELL
Signature (Title)
Signature (Title)
Date
Date
THE CITY OF MERRILL
THE CITY OF OAKRIDGE
Signature (Title)
Signature (Title)
Date
Date
~PRlNGFIELD
';/tA.~
Signature (Title)
~ d- \ ') lC(Q1
THE CITY OF WESTFIR
/
Signature (Title)
Date'
Date
REVIEWED BY
CITY OF SPRINGFIELD
I} HI ANAGEMEN~
6-L'1~
-:/ DATE
hEVIEWED & APPROVED
AS TO FORM \
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Intergovernmental Agreement for Regional Fiber Consortium
June 1,1999
Page 8 of8