Resolution No. 81-18 RESOLUTION 81-18 �
A RESOLUTION ESTABLISHING A METHOD OF ALLO-
CATING REVENUES AND EXPENSES RESULTING FROM
ANY CABLE COMMUNICATIONS FRANCHISE AGREEMENT
REGULATED AND ADMINISTERED THROUGH THE METRO-
POLITAN AREA COMMUNICATIONS COMMISSION.
WHEREAS, .vection 6.C. of the Intergovernmental Cooperation
Agreement - Metropolitan Area Communications Commission (hereafter
Agreement) requires that the Board of Commissioners (hereafter
Board) of the Metropolitan Area Communications Commission
(hereafter Commission) determine a method of equitably allocating
expenses and revenues among the units of local government which
elect to proceed with regulation and administration of a cable t
communications franchise through continued membership in the
Commission; and
WHEREAS, at its meeting of February 11, 1981, the Board of the
Commission unanimously made such a determination by motion and
authorized its chairman to sign a resolution memorializing that
decision; now, therefore,
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
METROPOLITAN AREA COMMUNICATIONS COMMISSION AS FOLLOWS:
Section 1. Except as otherwise provided in this resolution,
the method of distribution of the franchise fee revenues of the
units of local government which are members of the Commission which II
result from an adopted Franchise Agreement shall be as follows: EI
A. Based upon the requirements of the Request for Proposal
developed by the Commission, total franchise fee revenues payable
RESOLUTION NO. 81-18
to the Commission shall be five percent (58) of the Gross revenues
f
(as defined by the franchise agreement) of any person granted a
franchise by the member units of local government which comprise
the Commission.
B. Forty percent (408) of the franchise fee (or, stated
another way, two percent (28) of franchisee's total gross revenues
paid according to a franchise agreement as part of a franchise fee)
shall be retained by the Commission to offset the expenses of i
regulation, administration and operation of the Commission,
including promotion, development, support and encouragement of `
community access channels and other aspects of the cable
communications system. Any of such retained revenues which exceed
expenses for any fiscal year shall be distributed to the member
units of local government of the Commission, based upon the
population of each unit of local government. Annual population
shall be determined, if necessary, by the methods set forth in ORS
190.520 - 190.540, or as hereafter provided by state law.
C. The remaining sixty percent (608) of the franchise fee
(three percent (38) of franchisee's total gross revenues paid
according to a franchise agreement as part of a franchise fee)
shall be distributed by the Commission to its member units of local
government in the following manner:
1) that portion representing revenues generated from
the residential subscriber network (entertainment uses) shall be
distributed on the basis of a determination of the amount of the
revenues generated within the jurisdictional boundaries of each
-:ember unit of local government; and
I
RESOLUTION NO. 81-18- page 2
2) that portion representing revenues generated from
the institutional subscriber network (non-entertainment commercial
uses) , or from any and all other sources, shall be distributed on
the same population basis as set forth in subsection B., of this
section, which pertains to distribution of revenues in excess of
annual expenses of the Commission.
D. For the purposes of any distributions to Washington
County pursuant to subsections A. , B. , or C. of this section, it is
understood that the distributions will be based on the population
or the boundaries of the unincorporated area of the County as
`7 presently or hereafter exists.
Section 2. For the purposes of allocation of the expenses of
the Commission, individual expenses of the units of local
government which are members of the Commission which may be not
.`:., attributed directly to Commission expenditures, but which are
determined by the Commission to be related to Commission
activities, shall be paid from revenues retained by the Commission
in accordance with Section 1, subsection B. of this resolution.
s
The Commission shall establish a method for processing and
reviewing such expenditures.
Section 3. Until such time as total revenues from franchise
fees exceed the actual expenses of the Commission, including any
advance payments by franchisee of franchise fees to fund the
Commission's expenses, the entire five percent (58) franchise fee,
reduced by any credits to reimburse franchisee for said advance
s payments, shall be utilized by the Commission for its expenses.
Since the two percent set forth in Section 1, subsection B. of this
RESOLUTION No. 81-18 - page 3
resolution may not be sufficient to satisfy all expenses of the
r-
.,. Commission during the initial period of any franchise, franchise
fees which are subject to the distribution provisions of Section 1,
subsection D. of this resolution shall be utilized as necessary to
satisfy the expenses of the Commission. However, all revenues in
excess of expenses shall be distributed to the member units of
local government in the manner provided by Section 1, subsection D.
of this resolution.
Sec tion 4. This resolution shall have an effective date of
February 11, 1981, the date of the adoption of the motion by the
Board of the Commission establishing the method of allocating
revenues and expenditures to its member units of local government.
METROPOLITAN AREA COMMUNICATIONS
COMMISSION
ACK R. NELSQN, Chairman
PASSED: By Council on this 9th day of March, 1981.
ma City of Tigard
ATTEST
i �
Re--order - Ci y o Ti
RESOLUTION NO. 81-18- page 4