G-11-10-06-10C7 - 10/6/2011ORDINANCE NO. 4-11--1,O-'-
AN
-IISlO—-AN ORDINANCE AMENDING CHAPTER 44, THE CODE OF ORDINANCES
(2010 EDITION), CITY OF ROUND ROCK, TEXAS BY ADDING ARTICLE XI,
CABLE AND VIDEO SERVICE UTILITIES; PROVIDING FOR A SAVINGS
CLAUSE AND REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
That Chapter 44, Code of Ordinances (2010 Edition), City of Round Rock,
Texas, is hereby amended by adding Article XI, Cable and Video Service
Utilities, which shall read as follows:
ARTICLE XI
CABLE AND VIDEO SERVICE UTILITIES
Sec. 44-400 Public, Education, and Government ("PEG") Access Channels Fund.
(a) Establishment of PEG Fund. Pursuant to Chapter 66, Texas Utilities Code, there
is hereby established the Public, Education, and Government Access Channels
Fund, also to be known as the "PEG Fund."
(b)
Source of funds. The holder of a state -issued certificate of franchise authority
providing cable and/or video services in the City shall pay a PEG Fee to the City
pursuant to Section 66.006, Texas Utilities Code.
(c) Maintain separate account. The City shall administer and maintain the PEG Fund
as follows:
(1) The revenue from the PEG Fees paid shall be maintained in a separate
account established for that purpose;
(2) The revenue from the PEG Fees paid may not be commingled with any
other money;
(3) A record shall be maintained of each deposit to and disbursement from the
account, including a record of the payee and purpose of each
disbursement; and
(4) Revenue from the PEG Fees may not be spent except directly from the
PEG Fund.
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11.
A. All ordinances, parts of ordinances, or resolutions in conflict
herewith are expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the
date, hour, place and subject of the meeting at which this Ordinance was
adopted was posted and that such meeting was open to the public as required by
law at all times during which this Ordinance and the subject matter hereof were
discussed, considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative vote of all
the Council members present, the requirement for reading this ordinance on two
separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this 641 day of
e?..'�'1-.e",--+ , 2011.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2011.
READ, APPROVED and ADOPTED on second reading this the
day of , 2011.
2
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
qimm.r R,tf,vt,e
SARA L. WHITE, City Secretary
3
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
City Council Agenda Summary Sheet
Agenda Item No. 1007.
Consider an ordinance establishing the Public, Educational, and Government (PEG) Access
Agenda Caption: Fund. (First Reading)
Meeting Date: October 6, 2011
Department: Finance
Staff Person making presentation: Cheryl Delaney
Finance Director
Item Summary:
This is a newly establish special revenue fund that accounts for cable franchise fees which are used for public,
educational, and government (PEG) access purposes consistent with state and federal law. In accordance with SB
1087, the City must transfer any fees it receives as outlined in Section 66.006 (c), Utilities Code before September 1,
2011 that have not been disbursed to a separate account. The City must maintain the revenues received in a
separate account established for that purpose, and may not spend revenue from the fees except directly from the
separate account. In the past, these PEG funds were collected and resided in the General Fund. The remaining
unspent PEG balance, that was transferred from the General fund as of 8/31/11, was $861,997 and will be the
beginning fund balance.
Any entity or person seeking to provide cable services or video service is required to file for a state -issued franchise
authority. Franchises operating within the City are required to pay 1% of gross revenues for PEG purposes.
The 2011-12 Public Educational Access Fund budget provides revenues associated with the collected franchise fees
and $150,000 in capital expenditures. Among the capital purchases to be funded are audio and video equipment for
the new City Council Chambers during the City Hall remodel.
Cost:
Source of Funds:
N/A
N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval