Resolution No. 05-38 CITY OF TIGARD, OREGON
RESOLUTION NO. 05-3<,
A RESOLUTION OF THE CITY OF TIGARD APPROVING A MODIFICATION TO THE
INTERGOVERNMENTAL AGREEMENT FOR THE METROPOLITAN AREA COMMUNICATIONS
COMMISSION
WHEREAS, the Metropolitan Area Communications Commission, hereinafter "MACC or Commission,"
is an intergoveimnental commission formed in April, 1980, under ORS Chapter 190, with Waslurxgton
County and the cities of Barbs, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City,
Lake Oswego,North Plains,Rivergrove, Tigard, and Tualatin as current members; and
WHEREAS, the City of Tigard is a member of MACC; and
WHEREAS, the Conunission has operated Colder the original intergovernmental cooperation agreement
(IGA or Agreement),with several amendments, since that time; and
WHEREAS, in 2002, the Cominission adopted a new IGA, including Exhibit A containing the allocation
of fianchise fees payable to the men-rber jurisdictions for MACC administration and for public, educational,
and government access services (PEG Access), and the new IGA was subsequently approved by all MACC
nnember jurisdictions as required by Section 4.1) of the Agreement; and
WHEREAS, in June 2004, the Commission charged the MACC Budget Comi ittee with a review of PEG
Access fielding and services to be provided under the Comcast Cable Franchises granted by MACC; and
WHEREAS, at its May 5, 2005, meeting, the Conunission considered the Budget Committee's
recommendation to modify the furlding for PEG Access, and adopted Resolution 2005-04 approving an
Amendment to Exhibit A of the current IGA; and
WHEREAS, the Commission further recommended that each of the MACC member jurisdictions approve
the IGA amendment concerning PEG Access services and funding by duly authorized enactment of each
jurisdiction's governing body, as required by Section 4.1)of the Agreement.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1. Exhibit A of the MACC IGA, Section 2, is amended by deleting the former allocation of
fianchise fee revenues for PEG Access, and replacing it with the following text:
"hi fiscal year 2005-2006, the MACC jurisdictions will contribute a combined total of
$500,000 of their cable fianchise fees to support PEG Access. Each jurisdiction will pay
its proportionate share of this total amount. Beginning in fiscal year 2006-2007, and
each subsequent year thereafter through February 1, 2014, this $500,000 jurisdictional
PEG Access funding arnount will be adjusted by the cost-of-living index amount (based
on the CPIU—Portland)in July of each fiscal year.
RESOLUTION NO. 05 -
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Notwithstanding this allocation commitment,the appropriation of fiinds is subject to the
w ual process required of each jurisdiction pursuant to local budget law.
If a jurisdiction does not allocate its proportionate share, the Con-mission may place
restrictions on the PEG Access services provided to the jurisdiction and/or its citizens."
The full text:of Exhibit A, as modified by this Resolution,is attached.
SECTION 2. This resolution is effective immediately upon passage.
PASSED: T11is day of 2005.
r
Mayor City of Tigard
ATTEST:
City Recorder- City of igard
RESOLUTION NO. 05
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ATTACHMENT TO RESOLUTION
REVISED Exhibit A—Comcast Franchise Fee Allocation
This Exhibit affects the Franchise Fee revenues from the Franchise with Comcast, or its
successors.
These franchise fees are attributable to member jurisdictions. Member jurisdictions hereby
make and continue allocations of these, or other,revenues for the operation of MACC for
franchise administration and regulation, and for PEG Access. These allocations, specified
below, caraiot be increased without the unanimous consent of all rnennber jurisdictions.
1. Allocation of Franchise Fee Revenues for MACC Adnniristration
a. Member jurisdictions will contribute a maximum allocation of twenty percent (20%) of
franchise fee revenues collected for support of MACC administration. The Commission
may decide to receive less than this allocation for these purposes.
b. The Conunission is authorized, as it deems appropriate, to enter into professional
services contracts to review the Grantee's financial reports, on an annual basis or
otherwise. In the event that such a review results in increased franchise payments fiom
the Grantee, the first deduction from such payinents shall be for the reimbursement of the
Commission's expenses incurred under the contract for the review. The remainder of
such increase shall be distributed in accordance with the most recent quarterly
distribution.
2. Allocation of Franchise Fee Revenues for PEG Access
"In fiscal year 2005-2006, the MACC jurisdictions will contribute a combined total of
$500,000 of their cable franchise fees to support PEG Access. Each jurisdiction will pay
its proportionate share of this total amount. Begizuing in fiscal year 2006-2007, and each
subsequent year thereafter through February 1, 2014,this $500,000 jurisdictional PEG
Access funding amount will be adjusted by the cost-of-living index amount (based on the
CPN—Portland) in July of each fiscal year.
Notwithstanding this allocation cormnitment, the appropriation of fields is subject to the
annual process required of each jurisdiction pursuant to local budget law."
If a jurisdiction does not allocate its proportionate share, the Commission may place
restrictions on the PEG Access services provided to the jurisdiction and/or its citizens.
Resolution No. �g
Approving an Amendment to the MACC IGA