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HomeMy WebLinkAbout1998-05-27 98-231 ORDERCOUNCIL ACTION Item No. 98-231 Date May 27, 1998 Item/Subject: Authorizing Execution of interlocal Agreement to Create Regional Cable Television Franchising Authority Responsible Department: Legal Commentary: The attached Order would approve execution of a proposed interlocal agreement to formally constitute the existing Bangor -area cable television consortium as a regional cable television franchising authority. The attached draft was reviewed and approved by the existing consortium members at a meeting on May SA, 1998, and now requires municipal approval. Under the proposed agreement, each member community would pay It of annual cable franchise revenues (= 20% of the current franchise gee) to the cable consortium as an annual membership fee. The consortium would utilize membership fees to hire a qualified cable public access coordinator and other staff as necessary to Implement, manage and coordinate use of the three shared public (cont'd on next page) neparvaent Dead Manager's Comments: Cit MHnage L4 Associated Information: Order, Draft Interlocal Agreement Budget Approval: Finance Director r9 CityCity Solicito�7% Introduced for NEW BUSINESS > Passage First Reading Referral Page 1 of 7 98-231 A MPwd trr Councilor Palmer May 27, 1998 p CITY OF BANGOR (TITLE.) @rhrf Authorizing execution of interlocal Agreement to Create Regional Cable Television Franchising Authority By to City Ce of Of aty of Baspw: OEDEEEDr THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute an interlocal agreement, a copy of which is attached to this Order (draft dated May 19, 1998), Creating the Penobscot-Downeast Cable Television Consortium as a regional cable television franchising authority. IN CITY COUNCIL May 27, 1998 Passed 98-231 ORDER Title, Authorizing execution of Inter- local Agreement to Create Regional Cable Television Franchising Authority ....... I... I .......................... ....�....................�.�.�..../......... ��(�A1e(nu',gnoed�tm/� Councilman APPENDIX 1 PENOBSCOT-DOWNEAST CABLE TELEVISION AUTHORITY ELIGIBLE MEMBERS Bangor Bar Harbor Belfast Brewer Bucksport Dexter Ellsworth Hampden Lincoln Milford Old Town Orono Orrington Southwest Harbor Veazie 98-231 98-231 Revised Draft Ray 14, 1998 W -Mr -n This is an interlocal agreement pursuant to Title 30-A MRSA 5 2203, for the purpose of jointly exercising municipal powers as local cable television franchising authorities pursuant to the Federal Cable Communications Policy Act, Title 47 U.S. Code 5 521 gt sag, and Title 30-A MRSA 4 3008. For the purpose of better exercising such powers on the basis of mutual advantage, the member municipalities hereby agree as follows: Agreement 1. Nom. The organization created by this agreement shall be known as the "Penobscot-Downeast Cable Television Consortium." 2. PPurpose. The consortium shall serve as a municipal cable television franchising authority for its member munici- palities within their respective cable television franchise areas, pursuant to applicable federal and state laws. The consortium's authority under this Agreement shall include (a) provision of technical assistance and advice on utilization of the capital support provided by cable franchisees for access equipment and facilities; (b) monitoring cable system upgrades; (c) managing and coordinating the use of shared PEG access channels; (d) serving as a clearing house for processing requests for line extensions, subscriber complaints, and repair of street openings; (e) coordinating cable franchise negotiations; (f) recommending necessary amendments to the consortium members' cable television ordinances; and (g) coordinating appropriate enforcement actions for any violations of the consortium members' franchise agreements. The consortium shall serve as franchising authority with respect to consortium members' existing cable television franchise agreements with FrontierVision Operating Partners L.P., and FrontierVision's successors. In addition, the municipal officers of any consortium member may authorise the consortium to serve as a franchising authority with respect to other cable franchise agreements entered into by the municipality concerned. Provided, however, that any cable television ordinance or ordinance amendment proposed by the consortium pursuant to 30-A MRSA S 3008, and any cable television franchise agreement, renewal agreement, amendment, or franchise transfer negotiated by the consortium shall not take effect with respect to any member municipality until it is approved by the legislative body of the municipality concerned. 3. Tom. Unless terminated as provided below, this agreement shall remain in effect for an indefinite term beginning July 1, 1998. 4. Organization and Powers. The consortium shall be governed by a board of directors, consisting of one representative appointed by each member municipality. The board of directors 90-231 shall have final authority to approve an annual budget, hire and dismiss employees, and to take all other actions which the consortium may legally take. A simple majority of the then current board members shall constitute a quorum for the purpose of conducting business at any board meeting. In voting on matters Pending before the board, each municipal representative shall have one vote. The board of directors shall meet as needed, but not less than quarterly, with prior public notice. In conducting its meetings, the board shall comply with applicable provisions of Maine's Freedom of Access law, Title 1 MRSA S 401 �t seq. In its discretion, the board of directors shall be authorized to incorporate the consortium as a non-profit corporation under Title 13 MRSA 5 901 or Title 13-B MRSA 0 101 gp sea., and may serve as incorporators for that purpose. Provided, however, that incorporation of the consortium shall not be deemed to confer powers additional to those provided or necessarily implied by this agreement; and provided further that the board of directors of the consortium as established by this agreement shall constitute the directors of any such corporation, with full voting rights as provided in this agreement. The board of directors shall approve an annual budget for the consortium; provided that budgeted expenditures for any year shall not exceed an amount equal to any accumulated surplus plus annual funding for that year from the member municipalities a provided in section 5 below. The board of directors shall have authority, within the approved budget limits, to lease or purchase personal property, to contract for services, and to lease necessary office space; provided that any contract for services and any lease Shall not exceed a term of one year, unless the contract or lease concerned reserves to the consortium an unqualified right to terminate at any time without penalty. For the purpose of facilitating and regulating use of public, educational and governmental access channels, the board of directors shall hire a qualified regional public access coordinator on terms satisfactory to the board, to be set out in a written employment contract. The coordinator Shall report to the board of directors. The coordinator's contract shall be terminable at any time for cause, and shall be subject to annual review and renewal by the board, in its sole discretion. 5. Funding. The member municipalities each shall appropriate and pay annually to the consortium an amount equal to one percent (1%) of the gross revenues generated during the preceding year by all cable television franchise holders providing cable service to residents of the municipality, within the municipality's franchise area. Provided, that the board of directors shall have the authority to reduce the annual payment due from any member municipality, based on reduced utilization of consortium services by the municipality concerned. The board of directors shall establish the due dates for annual payments by the member municipalities. The member municipalities, in their Sole discretion, may supplement the payments required by this section, by additional appropriations. 98-231 6. Fiscal Year. The consortium's fiscal year shall begin July 1st and end June 30th of the next calendar year. The consortium's annual budget shall be based on the consortium's fiscal year. ]. Membership. Municipalities initially eligible for membership in the consortium shall consist of the 15 communities listed in Appendix 1. Membership shall be effective upon approval of this agreement by the municipality's legislative body. After December 31, 1998, the board of directors as then constituted shall be authorized to admit other municipalities to membership, upon reasonable conditions, including financial contributions for past expenses, and within geographical limits, to be established by the board. Upon admission to the membership, the representation, voting rights and financial obligations of such additional members shall be as provided in sections 9 and 5 above. Membership of any municipality in the consortium shall terminate upon vote and notice from the municipality's legislative body, or upon failure to pay amounts required under section 5 above within 90 days after the due date for the payment concerned as established by the board. Municipalities terminating their membership by vote or for non-payment shall remain obligated for their proportional share of the consortium's budgeted expenditures during the year in which membership is terminated. B. QwLership of Property. User interface equipment and other equipment purchased by member municipalities with their separate funds shall remain the separate property of the municipalities concerned, notwithstanding any use of such equipment for regional public, educational or governmental access purposes. Equipment and other property purchased by the consortium from its budgeted funds shall remain the property of the consortium, notwithstanding withdrawal or termination of one or more member municipalities. Prior to the effective date of any final termination of this agreement, the board of directors as then constituted shall determine the disposition of all property then owned by the consortium. 9. Termination of Agreement. This agreement shall terminate upon a vote of all member municipalities, by their legislative bodies, to terminate. Provided, however, that the consortium shall remain in existence for a period of 90 days following such a vote, for the purpose of winding down its affairs. This agreement also shall terminate if the total membership is reduced to two or fewer municipalities by withdrawal or termination Of individual members. access channels that will be available under our new cable franchise agreements with ProntienVlsion Operating Partners L.P. In addition, the consortium and its staff would Provide technical assistance to member municipalities on cable issues; act as a clearing house for subscriber complaints; negotiate franchise amendments, extensions, etc. (subject to final municipal approval); recommend cable ordinance amendments as needed; and perform other cable -related functions. The Proposed agreement was reviewed by the Municipal Operations Committee on May 19, 1998. The Committee recommends approval.