Loading...
276842 WHITE - CITY CLERK s�-! "1 PINK �� FINANCE COUI1C11 �b84. CBLYPARY - DE�PAORRTMENT . G I T Y O F S A I N T PA U L File N O. ♦ " � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WHEREAS, The City Council of the City of Saint Paul, hereto— fore adopted a resolution rejecting all applications for the cable communications franchise within the corporate limits of the City of Saint Paul filed with the City Clerk on August 1, 1980; and WHEREAS, Such action was taken by the City Council only after extensive deliberations and after determining that the public interests would be best served by placing a cable communications system for the City of Saint Paul under a form of public ownership and control not contemplated in the applications for the cable communications franchise; and � WHEREAS, It is appropriate that the City Council make find- ings and authorize actions for the purpose of facilitating public ownership and control of such a cable communications system by a non-profit corporation; now, therefore, be it \ RESOLVED, By the Council of the City of Saint Paul, that it is hereby found, determined and declared as follows: 1. A cable communications system for the City of Saint Paul is a public convenience which should be made readily accessible to all of the citizens of the City of Saint Paul at the lowest basic subscriber rate economically feasible and consistent with all other public and other charitable purposes to be served by the system. COUIVCILMEN Requestgd by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon s�,o,,,,ei�e� __ Against BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY �\� By Approved by :Nayor: Date _ Approved by Mayor for Submission to Council By - — BY � � � ��b�42 2 . 2. The system serves the interests of the community as a whole through the transmission of cable communications program- ming and both private and public access channels which serve the varying needs and desires of the City government, educational, cultural and religious institutions, business and individual citizens of the City. 3. The system should be placed under public ownership and control, or its equivalent, so that the system will (a) attract the maximuAn number of subscribers to the system economically obtainable, (b) make available and facilitate production for access channels, (c) take advantage of rapidly changing technology .�and (d) assure that all revenues derived from the system are ,:�� applied towards the operation and expansion of the system and its usage and the promotion of purposes that lessen the burdens of government, thereby serving the public welfare of the City of Saint Paul as a whole. 4. The development and expansion of cable communications systems through the private sector within the United States has created inevitable monopolies for the ownership and operation of the systems by private, for-profit companies in designated service areas and according there is a nationwide need for a city of the size of the City of Saint Paul to develop a model for public ownership and control of cable communications systems through non- profit ownership. 5. The State of Minnesota through its legislature has directed that the State Cable Communications Board encourage experimental, innovative approaches to the building and operation of cable communications systems and the establishment of non- profit corporatior�sto facilitate production for the access channels, as provided in Minnesota Statutes, Section 238.05, Subdivisions 14 and 15. 6. Public ownership of the cable communications system for the City of Saint Paul is necessary in order to assure that the . � �`���4� 3. public interests will be fully served by such a system whether or not the City of Saint Paul has or retains adequate authority to control rates and condition the granting of a franchise for such a system on fulfilling other public purpose objectives. 7. The City of Saint Paul has adequate authority to acquire and operate the cable communications system for the City as a public utility, and such activity is a lawful and legitimate function of government. 8. Ownership and operation of the cable communications system by the City in addition to all its other responsibilities and costs would, however, at this time place an undue burden upon the government of the City of Saint Paul. Accordingly, this function would be better fulfilled through public ownership and control of the system by a non-profit corporation charged with the responsibility of lessening such a burden of government. 9. A preliminary feasibility study has been prepared by Laventhol and Horwath indicating that public ownership and oper- ation of the cable communications system through a non-profit corporation is financially feasible with the issuance of tax exempt bonds by the Port Authority of the City of Saint Paul (the "Port Authority") to provide financing for such system, all without pledging any of the financial resources of either the City of the Port Authority to the payment of such bonds. 10. A major commitment of resources and staff capability of the City and the Port Authority is required in order to provide for public ownership and control of the cable communications system for the City as contemplated herein, and be it FURTHER RESOLVED, That a task force of representatives of the City and the Port Authority be immediately formed for the purpose of detailing and assisting the City and Port Authority in taking the specific steps necessary to provide for such public ownership and control including but not limited to the following: � � ��d��4� 4. l. Propose a timetable for all required actions. 2. Establishment of the process for selecting the non-profit corporation which will own and control the cable communications system. 3. Develop the criteria for the structure, includ- ing representation from the City government, and charter purposes of the non-profit corporation and for the dis- position of any revenues derived from and in excess of that needed for the system. 4. Set forth in a request for proposals or other- wise the additional conditions for the grant of the franchise. 5. Propose any changes to the Needs Assessment Report and to existing legislation deemed desirable for implementing the program. 6. Implement the proceedings for conducting the Chapter 474 hearing on the project and securing approval of the project from the Commissioner of Securities. 7. Develop with Miller & Schroeder Municipals, Inc. , and Laventhol and Horwath the structure and conditions for tax exempt financing of the system. 8. Consult with the State Cable Communications Board and take such actions as are necessary to secure confirmation of the grant of franchise to the non-profit corporation. 9. Retain such outside consultants as are deemed appropriate to assist in the preparation of the request for proposals and such other matters as are deemed appropriate for purposes of implementing the program; and be it WHITE - CITY CLERK �F��[� j j'� PINK -- RINANCE r J� i� CANARY - DEPARTMENT COUIICII �v `,� N BI.U6� - MAYOR - G I T Y O F S A I N T PA U L File N O. � s � . , Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 5. FINALLY RESOLVED, That the Port Authority is hereby requested to conduct a hearing on the financing of the project and secure approval thereof by the Commissioner of Securities pursuant to Minnesota Statutes, Chapter 474, at the earliest possible time, and for such purpose the City shall sponsor the project as the applicant until such time as a non-profit corporation is selected to undertake the project. COUNCILMEN Requestgd by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon � A gainst By Showalter — �e-- Wilson MAY 14 1981 Form Approved by City Attorney Adopted by Council: Date Certified •ssed by Counc� , cret� BY . Appr v by :Vlayor: Dat Approved by Mayor for Submission to Council BY - BY UBLISHED MAY 2 3 �gg�