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04-1007Council File # O � � �Q � � Green Sheet # 202215 RESOLUTION CITY OF SAINT PAUL, MINNESOTA 31 Presented By Referred To Committee: Date 2 WHEREAS, a cable franchise for the City of Saint Paul is held by Comcast of Saint Paul, Ina Comcast); and 3 WHEREAS, pursuant to that franchise, at Article III, Section 304, (a)(3), Comcast is required to make an annual:PEG access capital 4 payment equivalent to $630,000 in 1997 dollazs; and 5 WHEREAS, pursuant to Article III, Section 304 (a)(4), if Comcast has a valid and binding contract with an entity designated to 6 manage any public access channel, the CiTy may authorize Comcast to offset amounts owed under Section 304 (a)(3) by amounts it 7 pays under that contract; and 8 WHEREAS, Comcast has a valid and binding contract with Cable Access St. Paul, Inc., d/b/a the Saint Paul Neighborhood Network 9(SP1VI� and the City has appoirned SPNN as its "designated entity"; 10 WAEREAS, the City may agee that Comcast may offset any amount it pays under such comract against payments required under 11 Section 304 (a)(4) and the City may establish offset limits by resoluUOn; and 12 WFIEREAS, the City fmds that it is in the public interest to allow such offset, and that it will enable PEG access services to be made 13 available to the residents of the City. 14 WHEREAS, the contract pursuant to which the payments will be made is binding on SPNN's successors and assigns, and 15 payments are to be made to whatever organization is the enrity responsible for managing public and educational access, so that the 16 funds will accrue to the benefit ofthe public generally, and not just SPNN: and 17 1'EIEREFORE, BE IT RESOLVED, pursuant to Article III, Section 304 (a)(4) of the franchise held by Comcast, Comcast is 18 hereby authorized to offset any amount it pays to SPNN for 2005 against the capital payments it would otherwise owe for 2005 19 undee Article III, Section 304(a)(3), up to the entire amourn owed undeL Section 3Q4 (a)(3) for 2004; and 20 21 II � Adopted by Council: Date /,/J— ��—d%� Adopfion Certified by Council Secretary � Approved � Requested by Department of. 0££ice of Technology By: �i /.c.t.t.r/l� CX �����/ Form Approved by City Attomey BE IT FURTHER RESOLVED Comcast shall provide to the City a statement showing amounts paid to SPNN within 10 days after such payment is made, so that the City may determine that the of£set is being made properly. DepartmenUo�celcouncil: Date IniUated Green Sheet No. 202215 V � — /OO OT/Cab1e ' 10/6/04 Conhd Person & Phone: InitiaVdate Inisautlate Holly Hansen 6-8875 � � 1 Department Dir. 4 City Council Must Be on Council qqenda by (Date) ��9� ? City Attomey .� City Clerk Number Financial Serv D'v. Financial Secv/ac Fp� 3 Mayor (Or Asrt.) _ Civil Secviw Commission Routing October 20, 2004 order Total � of Signature Pages 1 (Clip Ali Lowtions for Signature) act;on Reyuescea: Approve a resolufion authorizing an offset of certain capital obligations of the cable franchisee for 2005, pursuant to Article III, Section 304 (a) of the cable television franchise (C.F. 98-234). Recommendations: Approve (A) or Reject (R) Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Planning Commission Yes No CIB Committee 2. Has this personlfirm ever been a city employee? Civil Service Commission Yes No 3. Does ihis personlfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, is5oe, Opportunity (Who, wn�t When, Where, wny�: The City's cable television franchise provides operating funding for public access through an offset of certain capital requirements. Article III, Section 304(a) provides the mechanism to convert certain capital funds into operating funds for access services and community programming, which is done annually by City Council resolution. aavansages if aPpro�ea: The Designated Entity (Saint Paul Neighborhood Network} will have operating funds and will b� able to continue providing access services and programiiiing and meet its performance agreement obligations outlined in its contract with the City. Disadvantages If Approved: NOriO o�saavanta9es it Not aPPro�ed: The Designated Entity (SPNN) would not have operating funds. Access services, which are required by the franchise, would cease without operating funds. �������� CiblllM�9 F�BQOarGh �gntpK �CT 0'� 2004 OG7112004 ����r �°������ Tofal AmouMOf Trensaction: $ N/A CostlRevenue Budgeted: N!A _ Funding Source: Activity Number: Financial Infortnation: (Explain) ClShared\CB\Cable\S P N MCowisas�sprmoffset2004 geen shut 2 wpd