HomeMy WebLinkAboutResolution 99-21 04/05/1999
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RESOLUTION 99 -21
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AUTHORIZING AND APPROVING THE PACIFIC FIBERLINK RIGHT OF WAY
PERMIT AGREEMENT
WHEREAS, Pacific FiberLink, LLC, ("PFL") has applied for a telecommunications license,
pursuant to Section 4.602 of the Springfield Municipal Code; and
WHEREAS, PFL, in its application indicates that it desires to use certain public ways of the City
of Springfield to provide certain telecommunications services; and
WHEREAS, Section 4.706 ofthe Springfield Municipal Code authorizes the City Manager to accept
in-kind services in lieu ofthe fees required for use of the public ways; and
WHEREAS, The City and PFL have agreed that, in consideration of PFL being granted certain
access to use the public ways of the City, the City will accept, in lieu of fees for use of the public
way, six pairs_ of fiber optic cable, under certain terms and conditions; and '
WHEREAS, the City and PFL have prepared a written agreement which reflects the terms and
conditions of such use of the public ways and the transfer of certain fiber optic cable (the "Pacific
FiberLink Right of Way Permit Agreement"); and
WHEREAS, the City Manager has submitted the Pacific FiberLink Right of Way Permit Agreement
to the council for its review and approval in the form of a draft agreement dated March 30, 1999, (the
"Draft Agreement"), a copy whereof, marked Exhibit A, is attached hereto and incorporated by
reference herein, accompanied by certain material reviewing and commenting upon the Draft
Agreement, and has recommended that the Pacific FiberLink Right of Way Agreement be approved;
and
WHEREAS, the Council has reviewed the terms ofthe Pacific FiberLink Right of Way Agreement
and is fully informed as to the contents thereof, and has determined that it is in the public interest
to enter into the Pacific FiberLink Right of Way Permit 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 Pacific FiberLink Right of Way
Permit Agreement and the Pacific FiberLink Right of Way Permit Agreement is hereby approved~
and
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Resolution No. 99-21 page 2
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BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to
execute the Pacific FiberLink Right of Way Agreement substantially in the. form of the 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 of the Pacific FiberLink Right of Way Permit
Agreement.
Adopted by the Common Council of the City of Springfield, Oregon, this
April , 1999.
Adopted by a vote of ~ for and --L against.
ATTEST:
q~UJL-~
City Recorder .
REVIEWED & APPROVED
A~\.w FORM_ L~
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DATE: 5. 1
OFFICE OF CITY ATTORNEY
5th
day of
~"M.~
Mayor
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