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Sep
27
2021
Yellow Springs Public Notices

Ordinance 2021-24

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— Public Notice —

ESTABLISHING A PUBLIC UTILITY FOR MUNICIPAL BROADBAND BY ENACTING NEW CHAPTER 1043: MUNICIPAL BROADBAND OF THE CODIFIED ORDINANCES AND APPROVING CREATION OF A UTILITY FUND

ORDINANCE 2021-24, VILLAGE OF YELLOW SPRINGS, OHIO

Interested persons will take note that the Village Council of Yellow Springs on Tuesday, Sept. 7, 2021, gave first reading to an ordinance, text to follow.

Council will give a second reading to consider passage into law during a public hearing on Monday, Sept. 20, 2021, via a virtual meeting.

WHEREAS, The National Telecommunications and Information Administration (“NTIA”), U.S. Department of Commerce, Broadband Infrastructure Program makes grants available to municipalities, nonprofits, and/or cooperatives that own and/or operate broadband networks;

WHEREAS, the Village Council previously passed Resolution 2020-47 committing to the provision of municipal broadband in Yellow Springs and Resolution 2021-34 to pursue an NTIA grant to ensure equity, inclusion and access, attract new businesses and create jobs, improve health care and education and connect residents to new opportunities; and

WHEREAS, the Village partnered with Springs-Net, MVECA, YS Schools, and YS Community Foundation, (“the Partnership”), to improve the infrastructure needed to provide third party access to broadband services, including fiber for the downtown business district; and

WHEREAS, the Partnership’s pilot projects for installation and implementation of both a fixed network that provides free high speed wi-fi service to downtown Yellow Springs, and grant funding from Broadband Ohio to extend additional fiber service to 300 homes in the Village as a backbone for a more extensive municipal fiber infrastructure to serve a larger population; and

WHEREAS, the Village’s implementation of a community-wide utility for municipal broadband service is crucial for equity in provision of services to Village residents and businesses alike; and

WHEREAS, Section 52 of the Charter of the Village of Yellow Springs specifies that the Council has the right to establish new public services or additional existing services “by passage of appropriate ordinances when estimates, prepared by the Village Manager, of costs of operation and of expected revenue indicate the service will not be operated at a loss” and the Village Manager has set forth the estimates which show the grant funds, if obtained, would allow municipal broadband to be expanded to approximately 1,800 customers, including some extra-territorial customers outside the Village corporation limits; and

WHEREAS, Section 55 of the Charter of the Village of Yellow Springs gives Council the ability to extend utility services beyond the corporate limits of the Village, and that the rates and charges for such service shall be determined by the Council; and

WHEREAS, the Village must establish an enterprise fund for any new public utility operated by the Village pursuant to R.C. 5705.09(G),

NOW, THEREFORE, COUNCIL FOR THE VILLAGE OF YELLOW SPRINGS, OHIO HEREBY ORDAINS THAT:

Section 1. The Finance Director is hereby authorized to create the Municipal Broadband Utility Fund and to receive funds into the Utility, and to make expenditures as allowed by law.

Section 2. The Village Manager is authorized to operate the utility pursuant to Section 50 of the Charter of the Village of Yellow Springs.

Section 3. A new Chapter 1043 entitled “Municipal Broadband” of the Codified Ordinances of the Village of Yellow Springs, Ohio is enacted to read as set forth on Exhibit A which is attached and incorporated.

Section 4. This ordinance shall take effect at the earliest time allowed by law.

Brian Housh, President of Council

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