HomeMy WebLinkAboutOrdinance 6209 11/26/2007
ORDINANCE NO. 6209 (Special)
AN ORDINANCE RATIFYING THE CREATION OF THE REGIONAL FIBER
OPTIC CONSORTIUM, AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE THE INTERGOVERNMENTAL AGREEMENT CREATING THE
CONSORTIUM ON BEHALF OF THE CITY OF SPRINGFIELD, AND REPEALING
ORDINANCES 5926 AND 5942.
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD HEREBYFINDS AND
DETERMINES:
1. By Ordinance No. 5926, adopted June 21, 1999, the Springfield City Council ratified
the creation of an intergovernmental entity, 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 ofORS 190.003, et seq.
2. By Ordinance No. 5942, adopted November 1, 1999, the Springfield City Council
ratified the creation of an intergovernmental entity, known as the FiberSouth
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.
3. The Boards of Directors of the Regional Fiber Consortium and the FiberSouth
Consortium have agreed t11.(1t for reasons of efficiency and economy the purposes of
the consortia would be best served by merging the two into one consortium and that
the FiberSouth Consortium should be merged into the Regional Fiber Consortium.
The members of each of the two consortia have met and conferred and developed a
consensus and have recommended to the City Council a new Intergovernmental
Agreement creating the Regional Fiber Consortium as the survivor entity.
4. It is the intent of the Springfield City Council to ratify the creation of the Regional
Fiber Consortium as the survivor entity to the FiberSouth Consortium and the
Regional Fiber Consortium.
NOW THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES
ORDAIN AS FOLLOWS:
Section 1. It is the intent of the 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 oflocal government pursuant to the provisions of ORS
190.003 et seq.
Section 2. The effective date of such intergovernmental agreement shall be December 1,
2007, or such later date as shall be the date two participating units of local government shall have
adopted an ordinance ratifying the creation ofthe Regional Fiber Consortium. .
Attachment D,
Page 1 of3
Section 3.
shall be:
Section 4.
A.
B.
C.
The public purposes for which the Regional Fiber Consortium shall be created
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 work to develop a fiber optic system, or components thereof, that 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 information
regarding the potential for broadband development;
D.
To operate as an independent entity, taking appropriate actions to facilitate the
development of improved telecommunications within the region for the benefit of
residents of the region;
E.
To acquire such additional tangible and intangible assets as are deemed necessary
to fulfill the other purposes of the Consortium; and,
F.
To combine the assets of the Regional Fiber Consortium and the Fiber South
Consortium, and thereafter operate in the interests of both Consortia, using those
assets to make the greatest possible advances to telecommunications services
within the region comprised by the jurisdictional territories of the members of the
former Fiber South Consortium and the Regional Fiber Consortium.
The powers, duties and functions of the Regional Fiber Consortium shall be to:
Plan for fiber optic system development for the Consortium.
Direct and manage the use of a fiber optic system or systems obtained by the
Consortium or its members for the Consortium.
Carry out further responsibilities and functions approved by the Consortium
governing body to fulfill the purposes of the Consortium.
Section 5. The City Manager is hereby authorized and directed to evidence this ratification of
the creation of the Regional Fiber Consortium by executing, on behalf of the City of Springfield,
by executing 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 ofa draft dated July 1,2007, 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.
Attachment D,
Page 2 of3
ORDINANCE NO. 6209
Section 6.
Ordinance No. 5926 and Ordinance No. 5942 are hereby repealed.
ADOPTED by the Common Council of the City of Springfield this 26th:lay of November
2007, by a vote of ~ for and ~ against.
APPROVED by the Mayor of the City of Springfield this 26thday of Novemb~2007.
('
ATTEST:
~~
being first duly sworn, deposes and says that
Sidney W. Leiken, to me personally known, and known by me to be the person described in the
foregoing instrument did sign this ordinance with her hand in my presence this 26th day of
November ,2007.
~PJIEWED & A~P~WVE[)
AS TO FORM
~~\ '2. ~..,
DATE:~~\..-\ .~ ~\-'r-\
QFFIQg Qr "ITY ATTORNEY
Attachment D,
Page 3 of3
ORDINANCE NO. 6209