HomeMy WebLinkAbout10525ORDINANCE NO. 10525
AN ORDINANCE APPROVING TWO INTERGOVERNMENTAL
AGREEMENTS BETWEEN THE CITY OF PUEBLO, A
COLORADO MUNICIPAL CORPORATION, AND THE STATE OF
COLORADO, DEPARTMENT OF HIGHER EDUCATION,
RELATING TO THE MANAGEMENT OF TWO PUBLIC,
EDUCATIONAL, AND GOVERNMENTAL CHANNELS ON THE
COMCAST CABLE SYSTEM IN THE CITY OF PUEBLO AND
PROVIDING FOR THE PRODUCTION OF WEEKLY COUNCIL
MEETINGS, AND AUTHORIZING THE MAYOR TO EXECUTE
THE SAME
WHEREAS, the City of Pueblo wishes to select Pueblo Community College as a
“designated access provider” to manage two of the three public, educational, and governmental
(“PEG”) channels on the Comcast Cable Television System within the City of Pueblo; and
WHEREAS, Pueblo Community College has requested to be a “designated access
provider” and is willing to manage two of the three PEG channels on the local Comcast system;
and
WHEREAS, Pueblo Community College has agreed to continue to cablecast the
meetings and work sessions of the Pueblo City Council on the second and fourth Mondays of
each month; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Intergovernmental Agreement – Public, Educational, and Governmental (PEG) Fees
and the Intergovernmental Agreement – Weekly Council Meeting Production (together the
“IGAs”) between the City of Pueblo, a Municipal Corporation, and the State of Colorado,
Department of Higher Education, State Board for Community Colleges and Occupational
Education, for the use and benefit of Pueblo Community College, true copies of which are
attached hereto, having been approved as to form by the City Attorney, are hereby approved by
Council.
SECTION 2.
The Mayor is hereby authorized to execute the IGAs in the name and on behalf of the
City of Pueblo, where the Mayor may execute the IGAs 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 IGAs 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 # R9
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 TWO INTERGOVERNMENTAL
AGREEMENTS BETWEEN THE CITY OF PUEBLO, A COLORADO
MUNICIPAL CORPORATION, AND THE STATE OF COLORADO,
DEPARTMENT OF HIGHER EDUCATION, RELATING TO THE
MANAGEMENT OF TWO PUBLIC, EDUCATIONAL, AND
GOVERNMENTAL CHANNELS ON THE COMCAST CABLE SYSTEM IN
THE CITY OF PUEBLO AND PROVIDING FOR THE PRODUCTION OF
WEEKLY COUNCIL MEETINGS, AND AUTHORIZING THE MAYOR TO
EXECUTE THE SAME
SUMMARY:
Attached is an Ordinance which approves and authorizes the Mayor to execute two
intergovernmental agreements (IGAs) with Pueblo Community College. The IGAs
name the community college as a “designated access provider” to manage two of the
City’s public, educational, and governmental (“PEG”) channels on the Comcast Cable
System in the City and provide for the production of weekly City Council meetings.
PREVIOUS COUNCIL ACTION:
City Council has previously designated Pueblo Community College (“PCC”) as its
“designated access provider,” and approved an agreement with PCC in 2016 for PEG
fees and broadcasting of City Council meetings.
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. Pueblo Community College
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 IGAS, the City has agreed to pay
to PCC 54.2% of the PEG capital funds received from Comcast. Of the remaining PEG
fees, 12.5% will be retained by the City and 33.3% will be paid to Pueblo School District
No. 60. The same split will be maintained when the Franchise Agreement is renewed.
In addition, PCC has agreed to continue cablecasting City Council meetings and work
sessions on the second and fourth Mondays of each month.
The terms of the IGAs are substantially the same as those entered into between the
City and PCC 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.
The City will pay PCC $4,250 per month for cablecasting services.
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 two of Comcast’s PEG channels.
RECOMMENDATION:
Approve the Ordinance.
ATTACHMENTS:
1. IGA - City and PCC - PEG fees
2. IGA - City and PCC - Council Meetings