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HomeMy WebLinkAboutResolution 98-68 12/14/1998 . . . RESOLUTION 98 - ML A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A PRINCIPLES OF COOPERATION AGREEMENT WITH THE SPRINGFIELD UTILITY BOARD WHEREAS, the City of Springfield ("City") and the Springfield Utility Board ("SUB") desire to foster harmonious and cooperative relationships concerning their respective roles in operating and regulating telecommunications providers; and WHEREAS, representatives of the City and SUB have met and conferred on the terms of an agreement which would support their cooperative efforts in working together, a copy of which, in the form of a draft dated December 9, 1998, a true copy whereof, entitled "PRINCIPLES OF COOPERATION AGREEMENT" (hereinafter "the Agreement")and marked Attachment A, is annexed hereto; and WHEREAS, The Council has consider the text of the Agreement and supporting and explanatory material provided by the staff in connection with the Agreement and being fully informed with respect to the terms of the Agreement does hereby find and determine that entering into the Agreement would be in the interest ofthe City; NOW THEREFORE, BE IT RESOLVED, that the City Manager is hereby authorized and directed to execute the Principles of Cooperation Agreement in substantially the form of the draft dated December 9, 1998, with sJlch changes, if any, as he shall determine to be in the best interests of the City, such determination to be evidenced by his execution of the Principles of Cooperation Agreement. APPROVED on this 14thday ofDecemqffi998, by a vote of ~ in favor and ~ opposed. s/~~/At Mayor Attest: 'D ~~ LV . CIty Recorder Resolution 98-68 Page Two Principles of Cooperation Agreement . PREAMBLE: A. The City of Springfield ("City") is a duly constituted public body, chartered under the laws of the State of Oregon, governed by the Common Council of the City of Springfield. B. The Springfield Utility Board ("Utility") is a duly constituted public body created by and authorized under the Springfield City Charter to operate, maintain, supervise, and control, for and on behalf of the City of Springfield, all electric, water, gas, and cable communications systems which are now or which may hereafter be owned and operated by the City of Springfield. C. City and Utility have historically worked together harmoniously in furtherance of the best interests of the citizens of Springfield. D. It is the desire of City and Utility to enter into an agreement regarding their respective roles in operating and regulating telecommunications facilities and services and utility franchises. It is not the intent of the parties to waive any rights or powers granted to them or to establish any binding , precedent as to their future relationship apart from this agreement. AGREEMENT: I . 1. Definitions 1.1 "Telecommunications Facilities" as used herein shall mean the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services. 1.2 "Telecommunications Services" as used herein shall mean the providing or offering for rent, sale or lease, or in exchange for other value received, ofthe transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. 1.3 "Public health and safety and welfare" as used herein shall mean those matters necessary to insure the general well-being of the city and convenient, safe and efficient maintenance and use of public roads, alleys and rights of way. Esthetic issues involving the public ways are not public health, safety, and welfare matters. 2. "Public Ways" as used herein shall mean all public streets owned by the City and public utility easements granted to the City, but excluding land and easements owned or dedicated solely to Springfield Utility Board. City shall, except as otherwise provided . I:\FRANCH IS\SUB\PRINCPFN .WPD Page 1 of 3 December 9,1998 . . Resolution 98-68 Page Three herein, regulate all public ways within the City of Springfield and the Springfield Urban Growth Boundary and shall charge and collect franchise and user fees for the use of such public ways as City may determine. Utility shall, except as otherwise provided herein, have the right to use all public ways in the City of Springfield and the Springfield Urban Growth Boundary for its authorized purposes without charge and without regulation by City, except for the right of City to -regulate such matters as concern the public health, safety and welfare. With respect to esthetic issues involving the public ways City and Utility agree to meet and confer about any disagreements and to resolve any differences as provided in paragraph lO. 3. Telecommunication Facilities. Utility has the right to develop and operate such Telecommunications Facilities as it may determine either acting alone, in partnership or in cooperation with other public or private entities. 4. Telecommunications Services. Utility has the right to develop and operate such Telecommunications Services as it may determine, either acting alone, in partnership or in cooperation with other public or private entities. City has the right, except as provided in paragraph 5, to establish and charge public way use fees, franchise fees or user fees to any provider of Telecommunications Services, including Utility. Utility, when providing Telecommunications Services, shall pay an in-lieu-of license fee that is equal to license fees that are paid by any provider of Telecommunications Services. 5. Fee Exclusions. City shall not charge Utility for its use of Telecommunications Facilities and Telecommunications Services to provide Remote Meter Reading, Demand Management Services, arid Internal Electric and Water Utility System Control and Data Acquisition (SCADA) Systems. 6. In-Lieu-OfTax Payments. Utility shall pay to City in-lieu-oftax payments as provided in the Agreement of January 1, 1995 between the parties unless modified in accordance with the provisions of the Agreement of January 1, 1995. 7. Telecommunications Ordinance. It is the intent of the parties that the City's 1998 Telecommunications Ordinance No. 5891 shall be applied consistent with the provisions of this Principles of Cooperation Agreement. In the event of conflict or inconsistency between the Telecommunications Ordinance and this Agreement, City and Utility agree to meet and confer about any conflict or inconsistency and attempt to resolve the conflict or inconsistency as provided in paragraph 10. 8. Term. This Agreement shall be in effect for a period of five years from the effective date of the Agreement. The Agreement may be extended by mutual agreement of both parties. Either party may terminate the Agreement at an earlier date upon compliance with the provisions of paragraph 10. ' 9. Utility has the power to exercise regulatory authority in accordance with Section 47 ofthe Springfield Charter and O.R.S. 221.420. Utility hereby assigns to City its regulatory . I:\FRANCH IS\SUB\PRINCPFN. WPD Page 2 of 3 December 9, 1998 . ... RE!sol:ution 98-68 'Page Eour,' . . . 10. 11. 12. powers for utility services which Utility offers the same or similar service for the term of this agreement and for existing utility services (TCI Cable, N.W. Natural Gas, U.S. West Telephone, their successors and assigns), for a term of up to 20 years. Meet and Confer and Mediation. It is the intent of the parties that this Agreement shall be subject to continuing review as toits equitable application both as to regulatory authority and revenue allocation. Three years from the date of this Agreement the parties shall meet and confer to review the equitable application of the Agreement. Upon the request of either party, such meetings shall occur at any other time during the term of the agreement. The parties shall meet and confer in good faith and exchange necessary information to resolve any differences or issues which may arise. In the event the parties are unable to resolve their differences through meeting and conferring, they agree to meet with a professional independent mediator to attempt to settle any disagreements. Unless extended by mutual agreement of both parties, should the parties be unable to settle any disagreement within 90 days, either party may terminate this agreement at the completion of the 90 days. Severability. If any provision of this agreement is deemed to be illegal or otherwise void, invalid, or unenforceable, the provision shall be disregarded and the remainder of this agreement without that provision shall not be affected and shall remain in full force and effect. Amendment. This Agreement may be modified or amended only by a written agreement entered into by mutual consent of the parties. 13. Authorization and Effective Date. This Agreement is entered into by duly adopted resolutions of the Common Council of the City of Springfield and by the Springfield Utility Board. The effective date ofthe Agreement is December 14, 1998 IN WITNESS .WHEREOF the parties have executed this Agreement, this14th day of December , 1998. FOR THE SPRINGFIELD UTILITY BOARD: FOR THE CITY OF SPRINGFIELD: ~/ff7/t;~~ By: Title: '//I ~ By: Title: I:\FRANCH IS\SUB\PRINCPFN. WPD Page 3 of 3 December 9, 1998