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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