HomeMy WebLinkAboutAttachment 1 Resolution 4596 Authorizing CM to File Articles for Bozeman Fiber FINAL 4-23-15Page 1 of 6
RESOLUTION NO. 4596
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO FILE ARTICLES OF
INCORPORATION FOR BOZEMAN FIBER, INC. A MONTANA NONPROFIT
PUBLIC BENEFIT CORPORATION, AND, UPON ITS CREATION, TO APPOINT THE
INITIAL BOARD OF BOZEMAN FIBER, INC., AND TO TRANSFER DOMAIN
NAMES TO THE OWNERSHIP OF BOZEMAN FIBER, INC.
WHEREAS, the Bozeman City Commission identified economic development as a high
priority; and
WHEREAS, the Bozeman City Commission supports efforts to strengthen the economic
vitality of Bozeman and the surrounding area; and
WHEREAS, the Bozeman City Commission acknowledges that the facilitation of job
creation and industry diversification are critical to the long-term economic success of Bozeman;
and
WHEREAS, the Bozeman City Commission wishes to stimulate, encourage and support
the attraction, retention and growth of high-value industries and mid- to high-paying jobs in a
variety of sectors; and
WHEREAS, the City of Bozeman’s Economic Development Council discussed and
acknowledges the importance of fast, reliable, affordable and redundant broadband internet
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service to Bozeman is to accomplishing the aforementioned Commission goals of the facilitation
of job creation and industry diversification; and
WHEREAS, the Bozeman City Commission adopted Resolution 4434 supporting the
efforts by the Broadband Steering Committee to bring fast, reliable, affordable and redundant
broadband internet service to Bozeman; and
WHEREAS, the Bozeman Community Plan supports coordination in the provision of
infrastructure necessary to support economic development; and
WHEREAS, the Bozeman Community Plan promotes and encourages the continued
development of Bozeman as a vital economic center; and
WHEREAS, the Bozeman Community Plan supports business creation, retention, and
expansion with emphasis on small businesses, ‘green’ businesses, and e-businesses; and
WHEREAS, the Bozeman Community Plan supports balanced policies and programs to
encourage a durable, vigorous and diverse economy; and
WHEREAS, the Bozeman Community Plan supports working with other service and
utility providers to ensure the adequate and safe provision of services; and
WHEREAS, the Bozeman Economic Development Plan supports the expansion and
retention of existing businesses and economic sectors that will continue to strengthen and
diversify the economy and create higher paying jobs in Bozeman and the surrounding area; and
WHEREAS, the Bozeman Economic Development Plan supports maintaining and
upgrading infrastructure to support current and future needs of business; and
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WHEREAS, the Bozeman Capital Improvement Plan supports anticipating future service
demands and resource deficiencies and be proactive in addressing them; and
WHEREAS, the Bozeman Capital Improvement Plan supports the provision of excellent
and equitable public services which are responsive to the community within available resources;
and
WHEREAS, the Downtown Bozeman Improvement Plan supports the coordination of
infrastructure improvements critical for development and redevelopment in the downtown core;
and
WHEREAS, the North 7th Urban Renewal District Plan supports the coordination of
public and private improvements; and
WHEREAS, the Bozeman City Commission adopted the Bozeman Fiber Master Plan
pursuant to Commission Resolution No. 4576; and
WHEREAS, the Bozeman Fiber Master Plan recommends creating a community fiber
optic network capable of providing the business class services required “to make Bozeman
businesses competitive in the world economy”; and
WHEREAS, the Bozeman Fiber Master Plan recommends the creation of “a private
sector enterprise with appropriate community oversight and control" to manage and operate a
community fiber optic network and specifies that “with appropriate community oversight and
control, the effort is vested in community and can be operated on behalf of the economic
development needs of the community”; and
WHEREAS, the Bozeman Fiber Master Plan consistently refers to this community
benefit entity as, “Bozeman Fiber”; and
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WHEREAS, the Bozeman Fiber Master Plan recommends that Bozeman Fiber, “be
operated on an open access, wholesale business model with all business and residential services
provided by qualified private sector providers; and
WHEREAS, the Bozeman Fiber Master Plan recommends operating Bozeman Fiber as
“a multi-provider, multi-service network with a wide range of competitive price and service
options available to customers”; and
WHEREAS, the Bozeman Fiber Master Plan recommends a limited City role wherein,
“[s]ome passive assets like conduit and handholes could be built and owned by the City of
Bozeman and leased to Bozeman Fiber and/or other providers in return for recurring lease
payments”; and
WHEREAS, the Bozeman Fiber Master Plan recommends public/private partnerships
between the City of Bozeman, K-12 schools, other local governments and private business; and
WHEREAS, the Bozeman Fiber Master Plan predicts that an open access model for
delivery of broadband services will increase competition among private internet service
providers; and
WHEREAS, a shared infrastructure model for delivery of broadband services reduces
costs and creates new business opportunities for private internet service providers; and
WHEREAS, improved policies for installation of broadband infrastructure facilitates the
organic growth of an open-access fiber network; and
WHEREAS, Bozeman has a critical mass of local government agencies, K12 schools,
colleges, health care institutions, and large and small businesses to support a financially
sustainable, open access community fiber network; and
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WHEREAS, the Bozeman City Commission has determined that it is in the best interest
of the City to transfer ownership of the domain names bozemanfiber.com, bozemanfiber.net,
bozemanfiber.org and bozemanfiber.info to Bozeman Fiber, Inc., upon its incorporation; and
WHEREAS, the Bozeman City Commission has determined that City staff will provide
staff support to Bozeman Fiber, Inc. until such time that the City Manager determines that
additional staff support provided by the City is no longer necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
The City Manager of the City of Bozeman, Montana is authorized to file articles of
incorporation for Bozeman Fiber, Inc., a Montana Nonprofit corporation.
Section 2
The City Manager of the City of Bozeman, Montana is authorized to appoint the initial
board of Bozeman Fiber as allowed by state law in his role as incorporator of Bozeman Fiber, Inc.
Section 3
The City Manager of the City of Bozeman, Montana is authorized to transfer the
ownership of the domain names bozemanfiber.com, bozemanfiber.net, bozemanfiber.org and
bozemanfiber.info to Bozeman Fiber, Inc., upon its incorporation.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana at a
regular session thereof on the 4th day of May, 2015.
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_________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney