Title
Resolution providing for the creation of the Comcast Franchise Trust Fund (CFTF) and setting conditions for the deposit and expenditure of such funds.
Body
Whereas, the City of Pittsburgh ("City") has entered into a Cable Franchise Agreement ("Agreement") with Comcast of California/Pennsylvania/Utah/Washington, Inc. ("Comcast") subject to approval by City Council; and
Whereas, Section 7 of the Agreement provides for the payment of grants from Comcast to the City for public, educational and governmental ("PEG") access channel support ("Grants") according to the terms and conditions set forth in such Section of the Agreement; and
Whereas, the funds are restricted by federal law and therefore must be deposited, maintained, and disbursed in a manner that is consistent with federal law and separate and distinct from the general funds of the City.
Be it resolved by the Council of the City of Pittsburgh as follows:
Section 1. That the City Controller is hereby authorized and directed to create a trust fund entitled "Comcast Franchise Trust Fund" (CFTF) into which shall be deposited any funds received by Comcast. Funds shall be deposited into the Comcast Franchise Trust Fund (CFTF) account 466150, fund 2815, organization code 103000, budget year 2010, Mayor's Office, City Information Systems.
Section 2. The funds from the grants paid by Comcast to the City shall be deposited into the Comcast Franchise Trust Fund (CFTF). The Mayor and Director of City Information Systems are hereby further authorized to enter into an Agreement(s) or Contract(s) and /or utilize existing Agreement(s) and/or Contract(s), in form approved by the City solicitor, and to make all legitimate expenditures required under the terms and conditions of the Agreement. These expenditures will be used to support the purchase, acquisition, and maintenance of cable and network communications equipment, including but not limited to cameras, editing suites, switches, routers, training, travel, and related hardware, software, licensing fees, and professional services. Expenditures shall be chargeable to and payable from Comcast Franchise Trust Fund (CFTF), account 526100, fund 2815, organization code 103000, sub 600, budget year 2010, Mayor's Office, City Information Systems.
Section 3. The grants shall be disbursed from the Comcast Franchise Trust Fund (CFTF) in accordance with Section 7 of the Agreement and in accordance with the distribution schedules contained in such Section.
Section 4. Any and all disbursements from the Comcast Franchise Trust Fund (CFTF) to a public access channel administrator in the City shall be in accordance with a separate agreement between the City and such public access channel administrator. The Mayor and the Director of City Information Systems are hereby authorized to enter into an agreement with such public access administrator and to make all legitimate disbursements from the Comcast Franchise Trust Fund (CFTF) to such public access channel administrator.
Section 5. If any section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not render this resolution invalid.