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03-983Council File # 03 - 983 Green Sheet� RESOLUTION CITY OF SAINT PAUL, MINNESOTA ZS. ,� � Presented By Referred To Committee: Date 2 WHEREAS, a cahle francluse for the City of Saint Paul is held by Comcast of Saint Paul, Inc. Comcast); and 3 WHEREAS, pursuant to that franchise, at Article III, Section 304, (a)(3), Comcast is required to make an annual:PEG access capitai 4 payment equivalent to $63Q000 in 1997 dollazs; and WHEREAS, pwsuant to Article III, Section 304 (a)(4), if Comcast bas a valid and binding contract with an entity designated to manage any public access channel, the Ciry may authorize Comcast to offset amounu owed under Secrion 304 (a)(3) by amounu it pays under that conhact; and 8 WHEREAS, Comcast has a valid and binding contract with Cabie Access St. Paul, Inc., d/b/a the Saint Paul Neighborhood Network 9 (SPNN) and the Ciry has appointed SPNN as its "designated entit}�' per C.F. 03-842; 10 WHEREAS, the City may agee that Comcast may offset any amount it pays under such contcact against payments required under 11 Section 304 (a)(4) and the City may establish offset limits by resolurion; and 12 WFIEREAS, the City finds that it is in the public interest to allow such offset, and that it wili enhance the PEG access services 13 available to the residents of the City. 14 WHEREAS, the contract pursuant to wluch the payments will be made is binding on SPNNs successors and assigns, and payments 15 aze to be made to whatever organization is the entity responsible for managing public and educational access, so that the funds will 16 accme to the benefit of the public generally, and not just SPNN: and 17 TIIEREFORE, BE IT RESOLVED, pursuant to Article III, Section 304 (a)(4) of the franchise held by Comcast, Comcast is 18 hereby authorized to of£set any amount it pays to SPNN for 2004 against the capital payments it would otherwise owe for 2004 19 under Article III, Secuon 304(a)(3), up to the entire amount owed under Section 304 (a)(3) for 20�4; and 20 BE IT FURTHER RESOLVED Comcast shall provide to the City a statement showing amounts paid to SPNN within 10 days after 21 such payment is made, so that the City may deternvne that the offset is being made properly. By: De�.+arhne�Uoffiea/eouncil: Date Initiatetl Green Sheet No 200990 b3 - 9�3 TMS/Cable 10/24/03 ContaU Person & Phone: NitiaUaate Inibaudate HollyHansen 6-8875 p � ���� .� ��i� � c . ry ����� � n�;� �c.aa,m�v� �-c�c� Must Be on Countil Agenda by (Date) Number �»�1 Serv Dic Financ�ai Serv/ For . 3 - Ms3n�'(OrAsv.) _CivilServiceCommission Routing Novewber 12, 2QQ3 °r°8f TohlYofSignaturePages 1 (GipNlLootionsforSignaWre) nwon Reyuasma: Approve a resolution authorizing an offset of certain capital obligations of the cable fianchisee for 2004, pursuant to Article II� Section 304 (a) of the cable television francluse (C.F. 98-234). Recornmendafions: Approve (A) a Reject (R) personal Service Contrads Must Mswer the Followiny Questions: Plan ' �ommissia� 1. Y� thi� rsoNfirm ever worked urWer a cantract for ttiis department? �9 ��B ��� 2. Has this perso�rm ever been a ciry employee? Civil Service Cpmmission Yes No 3. Dces this perso�rm possess a skill not nwmally possessetl by any current dty employez? Yes No Explain all yes answers on sepante sheet antl attach to graen sheet Initialinp Problem, i��e, Opportunity (Who, Whaf, When, wnare, wny�: The City's cable television franchise provides operatiug funding for public access through an offset of certain capital requirements. Article III, Section 304(a) provides Yhe mechanism to convert certain capital funds into operating funds for access services and community programming, which is done annually by City Council resolution. aawa�wges n ey,Pro�rea: The Designated Entity will have operating funds and will be able to provide access services and programmiug and perform according to its contract with the City. ''��m..� ` �—.��� ._�-`�i k' , `� ; . . / �'t f� u. ..,,,.� Disadwnpges If Approved: NOriC w � ._ �" w''a'-a` '•� �f' � . � i;: `�;�,'� .. .: � G a'��,e+' o'a x'CS �.- o�saawa�taees �r eo� nPProvea: The Designated Entity would not have op�I�s. Access services, which are rquird by the franchise, would cease without operating funds. �CT 2 S 2003 MAYOR'S OFFICE ;, ���^��� � +���:ef fl�T � 9 2a�3 Tofai Amount of Transacdon: S N/A CostlRevenue Budgeted: WA ' Puntling Source: Activity Number: _.. , . . . , . Financial IMormaUon: (Ezplain) a�� ma s�u�w�v.ow s�v��a.nzoo3.�a