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Resolution 2002-33 RESOLUTION NO. _ RESOLUTION TO APPROVE FUNDING OF PUBLIC ACCESS AND GOVERNMENT PROGRAMING WHEREAS,the City has joined and is a member of the Southwest Fox Valley Cable and Telecommunications Consortium(hereinafter"the Consortium"); and WHEREAS, a new cable franchise agreement has been negotiated which has been/will be approved which provides for public access and government programing for all of the Consortium municipalities in coordination and cooperation with Waubonsee Community College; and WHEREAS,without the assistance of Waubonsee Community College and the coordination and cooperative efforts of all of the municipalities in the Consortium,the City would not be able to provide the public access and government programming; and WHEREAS,provision of public access and government programming is beneficial and in furtherance of the health, safety and welfare of the citizens of the City; and WHEREAS, funding is required in order to provide that public access and government programing. NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council as follows: 1. The recitals set forth above are incorporated herein as the material and significant findings of the Mayor and City Council. 2. Funding for the provision of public access and government programming is hereby authorized as follows: (a) Forty percent(40%)of the revenues generated by franchise fees pursuant to the franchise agreement between TCI Illinois Holdings,LP a/k/a AT&T Broadband and the United City of Yorkville, Illinois; and (b) All of the public access, educational and governmental(PEG)capital funds collected by AT&T Broadband at the request of the City. 3. The forty percent (40%) of the franchise fees to fund the public access and government programming shall be paid to the Consortium on a quarterly basis as requested by the Consortium for the oversight and the management of the public access and government programming. 4. The PEG capital funds shall be paid to the Consortium as collected by and received from AT&T Broadband for use by the Consortium to purchase equipment by the City for use in the operation of the public access and government programming. 5. This Resolution shall become effective when the franchise agreement between TCI Illinois Holding, LP a/k/a AT&T Broadband and the United City of Yorkville,Illinois is executed and becomes effective,and this Resolution shall continue in effect for so long as the Agreement with AT&T Broadband continues and the operation and management of the public access and governmental programming is provided by the Consortium. Presented to the Mayor and City Council of Yorkville, Illinois this 1 b day o� 2002, A.D. Passed by the Mayor and City Council of Yorkville,Illinois this tsZ day o` ,2002, A.D. Approved and signed by me as , Illinois this J day o 2002, A.D. 2 ATTEST: R:LSecreiurylC/i,a,-kfunwi/w/ISW Fox Valley CT(oucoiliumili—dirin ra Apprrrve/•iux/irrg gjPuh/ic-(iv!Programing for Yorkvi//e.Joc 916102 3