(a) There is hereby created, pursuant to the authority vested in this Council by Article XVIII, Sections 3, 4, 5 and 7 of the Constitution of the State of Ohio, the applicable provisions of the Ohio Revised Code (including but not limited to the powers granted to municipalities under Title 7 thereof) and Section 7.02(b) of the Charter of the City of Bryan, a public communications utility, which shall be subject to the supervision and control of the Board of Public Utilities.
(Ord. 24-1998. Passed 5-4-98.)
(b) The Board of Public Affairs is authorized to determine the nature and extent of the communications infrastructure facilities to be acquired, constructed, owned, leased and operated by the communications utility in accordance with applicable law, such enhancement or expansion of communications facilities currently operated and maintained by Bryan Municipal Light and Water Utilities in connection with its existing utility operations. Such communications infrastructure facilities may include, without limitation, a hybrid optical fibercoaxial (“HFC”) network capable of supporting a broadband communications system, and such other facilities as the Board of Public Affairs shall determine to be necessary and appropriate to provide a range of services suitable to the current and future needs of governmental, institutional, school, industrial, commercial and residential consumers within the City of Bryan and, should the Board of Public Affairs determine it to be appropriate, in surrounding areas.
(c) Financing for the acquisition, construction and improvement of the communications utility shall be obtained by the issuance, from time to time as funds are required, of obligations of the City of Bryan. It is the intent and expectation of this Council that such obligations shall be self-supporting obligations, the principal of and interest and premium, if any, on which shall be paid from the revenues of the City’s communications utility. Such obligations may consist of mortgage revenue obligations issued under the authority of Article XVIII, Section 12 of the Constitution of the State of Ohio, or other revenue obligations issued under authority of Article XVIII, Section 3 of the Constitution of the State of Ohio.
(Ord. 82-1999. Passed 10-4-99.)
(d) The Board of Public Affairs is authorized to determine the nature of the services to be provided by the communications utility, and to establish the rates, terms and conditions applicable to the provision of such services by the communications utility.
(e) The Board of Public Affairs shall determine and implement the organizational structure, including staffing, budget and personnel functions, most suitable to the efficient and economical operation of the communications utility, and the coordination of its activities with those of existing City of Bryan Utilities.
(f) The Board of Public Affairs is authorized to undertake such other measures and employ such other and further means as are consistent with applicable legal requirements and as may be necessary and proper to ensure the optimum development, implementation and operation of the functions of the communications utility.
(1) These measures and means shall include the adoption and amendment at an appropriate time or times, by resolution of the Board of Public Affairs, of a Plan of Implementation related to the communications utility, setting forth in suitable detail its program for the financing and construction of facilities, and for the implementation of various services to be offered by the communications utility.
(2) These measures and means shall also include (i) in accordance with applicable legal requirements, making application for, obtaining, holding, and renewing any permissions, licenses or other authorizations in any form whatever, from any authority of competent jurisdiction, for the construction and operation of the communications utility, and (ii) entering into and performing, in accordance with applicable legal requirements, all contracts and undertakings required for the construction and operation of the communications utility.
(g) The Board of Public Affairs is authorized to retain such outside counsel and technical consultants as in its judgement may be necessary and appropriate to assist it in dealing with legal and technical issues involved in the establishment, implementation and operation of the communications utility, and to use the assistance of the Bryan City Attorney in supervising and coordinating the work of such outside counsel and technical consultants; and it is hereby determined that any such services provided by outside legal counsel and technical consultants are professional in nature and any contracts for such services may be entered into by the Board of Public Affairs notwithstanding legal provisions, if any, relative to advertising and bidding requirements for public contracts.
(h) Nothing in this section, or in the activities and undertakings authorized under this ordinance, shall be deemed to affect in any way any currently existing franchises, or any licenses or permissions for the use of the public rights-of-way, within the City of Bryan.
(Ord. 24-1998. Passed 5-4-98.)