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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