HomeMy WebLinkAbout10524ORDINANCE NO. 10524
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND PUEBLO
SCHOOL DISTRICT NO. 60, RELATING TO THE
MANAGEMENT OF A PUBLIC, EDUCATIONAL, AND
GOVERNMENTAL CHANNEL ON THE COMCAST CABLE
SYSTEM IN THE CITY OF PUEBLO, AND AUTHORIZING THE
MAYOR TO EXECUTE THE SAME
WHEREAS, the City of Pueblo wishes to select Pueblo School District No. 60, a public
school district and political subdivision of the State of Colorado, (“District 60”) as a “designated
access provider” to manage one of the three public, educational, and governmental (“PEG”)
channels on the Comcast Cable Television System within the City of Pueblo; and
WHEREAS, District 60 has requested to be a “designated access provider” and is
willing to manage one of the three PEG channels on the local Comcast system; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement (“IGA”) between the City of Pueblo, a Municipal
Corporation, and Pueblo School District No. 60, a public school district and political subdivision
of the State of Colorado, a true copy of which is attached hereto, having been approved as to
form by the City Attorney, is hereby approved by Council.
SECTION 2.
The Mayor is hereby authorized to execute the IGA in the name and on behalf of the City
of Pueblo, where the Mayor may execute the IGA by electronic signature and such electronic
signature shall be attributable to the Mayor and the City of Pueblo.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance and the attached IGA which are necessary or
appropriate to implement transactions described therein.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on July 24, 2023.
Final adoption of Ordinance by City Council on August14, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on August 17, 2023 .
☐ Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
Mayor
Action by City Council After Disapproval by the Mayor:
☐ Council did not act to override the Mayor's veto.
☐ Ordinance re-adopted on a vote of ____________, on _____________
☐ Council action on _______ failed to override the Mayor’s veto.
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # R8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: August 14, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Haley Robinson, Director of Public Affairs
SUBJECT: AN ORDINANCE APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND PUEBLO SCHOOL DISTRICT NO.
60, RELATING TO THE MANAGEMENT OF A PUBLIC, EDUCATIONAL,
AND GOVERNMENTAL CHANNEL ON THE COMCAST CABLE
SYSTEM IN THE CITY OF PUEBLO, AND AUTHORIZING THE MAYOR
TO EXECUTE THE SAME
SUMMARY:
Attached is an Ordinance which approves and authorizes the Mayor to execute an
intergovernmental agreement with Pueblo School District No. 60, a public school district
and political subdivision of the State of Colorado (“District 60”). The agreement names
District 60 as a “designated access provider” to manage one of the City’s public,
educational, and governmental (“PEG”) channels on the Comcast Cable System in the
City.
PREVIOUS COUNCIL ACTION:
City Council has previously designated District 60 as a “designated access provider,”
and approved an agreement with District 60 in 2016 for PEG fees.
BACKGROUND:
By Ordinance No. 8992, dated June 13, 2016, the City granted to Comcast a five-year
non-exclusive franchise to operate its cable system within the City. Under the
Franchise Agreement, Comcast is required to provide three (3) PEG channels on its
City cable system. Pursuant to Section 9.1 of the Franchise Agreement, the City may
choose one or more entities to manage a PEG channel. District 60 has requested that
it be named as a “designated access provider” in order to provide television
programming for the benefit of its students.
Pursuant to the Franchise Agreement, Comcast is required to collect and pay to the
City a fifty cent per month per subscriber PEG access support fee for capital
improvements for the PEG channels. In the attached intergovernmental agreement,
the City has agreed to pay District 60 33.3% of the PEG capital funds received from
Comcast. Of the remaining PEG fees, 12.5% will be retained by the City and 54.2% will
be paid to Pueblo Community College. The same split will be maintained when the
Franchise Agreement is renewed.
The terms of the intergovernmental agreement are substantially the same as those
entered into between the City and District 60 in 2016, but the 2016 agreement has
since expired. The split of PEG fees between the parties will also remain the same.
FINANCIAL IMPLICATIONS:
The City anticipates receiving approximately $120,000 in PEG fees annually. Of that
amount, 54.2% (approximately $65,000) will be paid to Pueblo Community College;
33.3% (approximately $40,000) will be paid to Pueblo School District No. 60; and
12.5% (approximately $15,000) will be retained by the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Failure to approve this Ordinance would require the City to find another “designated
access provider” for one of Comcast’s PEG channels.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. IGA - City and Dist 60 - PEG Fees