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HomeMy WebLinkAboutRES 80-042 RESOLUTION AUTHORIZING PARTICIPATION IN THE NORTH SUBURBAN CABLE COMISSION Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII ions Box: 23 Folder: RES 1980 Document: RES 80-042 RESOLUTION AUTHORIZING PARTICIPATION IN THE NORTH SUBURBAN CABLE COMISSION • RESOLUTION 80-042 A RESOLUTION AUTHORIZING PARTICIPATION IN THE NORTH SUBURBAN. CABLE COMMISSION WHEREAS, the City of St. Anthony is included in an approved cable service territory which includes nine other cities in the major metropolitan suburban area, and WHEREAS, . re.cently amended Minnesota Statutes Section 238.08, Subd. 5, authorizes municipalities to delegate to a joint cable commission their power to prepare, adopt, grant, administer and enforce a cable franchise and- to establish rates thereunder, and WHEREAS., it is of the utmost importance for communities to attempt to deal- with the franchising process and with subsequent regulation of the cable television in a manner best serving the public interest, and WHEREAS , by joint and cooperative action with other cities in the approved cable service territory, the City of St. Anthony can share in the expense of the study of the franchising and regulatory process, can develop a uniform approach to the matter of franchising, and can explore possibilities of joint and common action on a permanent basis , and WHEREAS, the City of St. Anthony deems it proper and in the public interest to enter into a Joint and Cooperative Agreement, attached hereto and made part hereof, provided, however, that it be made known to .the Commission that the St. Anthony City Council has expressed their desirethat a provision be included in the yet to be developed by-laws that it be necessary to have a 2/3 majority vote for the passage of Commission business. It is acknowledged that if this provision is not included in the by-laws, the City of St. Anthony can withdraw from,,.;,. the Commission without financial penalty. NOW, THEREFORE, be it resolved by the City Council of the City of St. Anthony as follows: 1. That the City of St. Anthony participate in the North Suburban Cable Commission. 2 . That the appropriate official execute the Joint. and Cooperative Agreement and file it with the City Manager of the City of Roseville. 3. That the City of St. Anthony appoint as its Director to represent it on .the Joint Commis sion,. Allen Kaeding, who resides at 3903 Shamrock Drive N.E. ; 781-1944, and that said individual ' s name, address and phone number be filed with the City Manager of the City of Roseville. -2- • 4 . That the City of St. Anthony appoint. as:.an alternate Director .David Mikkelson., who resides at. 3335 .Skycroft Drive N.E. ; 781-8229 , .and that - said individual ' s name, address and phone number be filed with. the City Manager of the City of Roseville: Adopted this ��/� day of. . , 1980, by the governing body .of the City- of SC. Anthony. Mayor ATTEST: (I aff-" Clerk Reviewed for. administration: • City Manager I certify that this is a tide and accurate copy of St. Anthony records. Date • JOINT AND COOPERATIVE AGREEMENT I . PARTIES The parties to this agreement are governmental units of the State of Minnesota. This agreement is made pursuant to Minnesota Statutes Section 471 .59, as amended. II . GENERAL PURPOSE Communities in the Minneapolis-St. Paul metropolitan area, includ- ing the parties to this agreement, are being requested to franchise the operation of cable television systems. It is of the utmost impor- tance for communities to attempt to deal with the franchising process and with subsequent regulation of cable television in a manner best serving the public interest. This will necessitate an in-depth study as to what would be the best procedure for the parties to follow ' in granting franchises and administering them. The general purpose of this agreement is to provide an organiza- tion which can coordinate for the parties to this agreement an approach to the franchising and regulatory process. By joint and cooperative action the parties can share in the expense of such study, can develop a uniform approach to the matter of franchising, and can explore the possibilities of joint or common action on a per- manent basis. • 111 . NAME The name of the organization is the North Suburban Cable Com- mission (NSCC). IV. DEFINITION OF TERMS Section 1 . For the purposes of this agreement, the terms de- fined in this Article shall have'the meanings given them. Section 2'. "Commission" means the Board of Directors created pursuant to this agreement. Section 3. "Council" means the governing body of a member. Section 4. "Grantee" means the person to whom a franchise has • been granted by a party. 1 Section, 5. ".Member" means a municipality which enters into this agreement. V. MEMBERSHIP ection 1 . The municipalities of Arden Hills, Falcon Heights, Lauderda;e, Little Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony, and Shoreview are eligible to be members of the Commission. Section 2. Any municipality desiring to become a member shall execute a copy of this agreement and conform to all requirements herein. • - 2 , • Section .3. ' The initial members shall be those members who become members on or before July 15, 1980. Section 4. Municipalities desiring to become members after July 15, 1980, may be admitted by an affirmative vote of two-thirds (2/3) of the votes of the members of the Commission. The Commis- sion may by resolution impose conditions upon the admission of additional members. VI . DIRECTORS; VOTING Section 1 . Each party shall be entitled to one (1) director to represent it on the commission. Each director is entitled to one vote for each 5,000 of population or fraction thereof of the municipality represented by the director; provided, however, that each director • shall have at least one vote and no director shall have more than 10 votes. For purposes of this section, population of a governmental unit shall be that .population determined pursuant to the provisions of Minnesota Statutes Section 275.53. Prior to December 31 of each year, the Secretary-Treasurer of the Commission shall determine the population of each member in accordance with this section and certify the results to the chairman. Section 2. A director shall be appointed by resolution of the Council of each member. A director shall serve until a successor is appointed and qualifies. Directors shall serve without compensation from the Commission, but nothing in this section shall be construed to prevent a municipality from compensating its director for service on • the . Commission if such compensation is otherwise authorized by law. 3 i i E 1[ i Section 3. The Commission, in its by-laws, may provide for the appointment of alternate directors and prescribe the extent of their powers and duties. I Section 4. A vacancy in the office of director will exist for any ' of the reasons set forth in Minnesota Statutes Section 351 .02, or upon a revocation of a director's appointment by a member duly filed with the Commission. Vacancies shall be filled by appointment for the I unexpired portion of the term of director by the council of the mem- . � ber whose position on the Board is vacant. i Section b. There shall be no voting by proxy, but all votes must be cast by the director at a Commission meeting. Section 6. A majority of the votes of the Commission shall constitute a quorum, but a smaller number may adjourn from time to time. Section 7. A director shall not be eligible to vote on behalf of the. director's municipality during. the time that it is in default on ary contribution or payment to the Commission. During the existence cf such default, the vote or votes of such member shall not be counted for the purposes of this agreement. VII . EFFECTIVE DATE; MEETINGS; ELECTION OF OFFICERS Section -1 . A municipality may enter into this agreement by resolution of its council and the duly authorized execution of a copy of this agreement by its proper officers. Thereupon, the clerk or • other appropriate officer. of the municipality shall file a duly executed 4 • copy of this agreement, together with a certified copy of the authori- zing resolution, with the City Manager of the City of Roseville, Minnesota. The resolution authorizing the execution of the agreement shall also designate the first director for the municipality on the Commission, along with said director's address and phone number. Section 2. This agreement is effective on the date when execu- tive agreements and authorizing resolutions of five of the municipali- ties named in - Article V, Section 1 have been filed as provided in this Article. Section 3. Within thirty (30) days after the effective date of this agreement, the Mayor of the member having the largest popula- tion shall call the first meeting of the Commission which shall be held • no later than fifteen (15) days after such call. Section 4. The first meeting of. the Commission shall be its organizational meeting. At the organizational meeting, the Commission shall select from among the directors a chairman, a vice-chairman, a secretary-treasurer, and appoint a legal consultant to coordinate the activities and st=-:`f, if any, of the Commission and to draft all neces- sary Commission documents. Section 5. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Commission shall adopt by-laws governing its procedures including the time, place, notice for and frequency of its regular meetings, procedure for calling special meet- -ings, and such other matters as are required by this agreement. iThe Commission may amend the by-laws from time to time. • IX. POWERS AND DUTIES OF THE COMMISSION Section I . The powers and duties of the Commission shall in- clude the powers set forth in this Article. Section 2. The Commission may make such contracts and take such other action as it deems necessary and appropriate to accomplish the general purposes of the organization. Section 3. The Commission shall undertake to identify matters of common concern to the members and shall recommend a course of action to be pursued by the members in the granting and enforcement of cable television franchises. In that connection it shall consider and make recommendations on whether the members should have uniform ordinances, whether they should undertake to grant a fran- chise to the same party and whether they should establish a continuing organization to administer and enforce any franchise or franchises which are granted by the members. Section 4. The Commission may prepare and recommend suitable documents for use in the granting of franchises by the members. In the event that the members determine to pursue a common or a joint course. of action in the granting of franchises the Commission may assist in the carrying out of such joint or common course of action. Section 5. The Commission may accept gifts, apply for and use grants, • enter into agreements required in connection therewith and hold, use and dispose of money. or property received as a gift or • grant in accordance with the terms thereof. s I • Section 6. The Commission shall cause an annual, independent audit, of its books to be made and shall make an annual financial accounting and report in writing to the members. Its books and records shall be available for and open to examination by the members at all reasonable times. The Commission shall establish its annual budget as provided in this agreement. i Section 7. The Commission may delegate authority to its execu- tive committee. Such delegation of authority shall be by resolution of the Commission and may be conditioned in such manner as the Com- mission may determine. Section 8. The Commission may exercise any other powers j necessary and incidental to the implementation of its powers and i • duties. Section 9. The Commission may conduct such research and investigation and take such action as it deems necessary, including participation and appearance in proceedings of State and Federal .regulatory, legislative or administrative bodies, on any matter related to or affecting cable communication's levels of service, rates or fran- chises. X. OFFICERS Section I . The officers of the Commission shall consist of a chairman, a vice-chairman and a secretary-treasurer. Section 2. A vacancy in the office of chairman, vice-chairman, • or secretary-treasurer . shall occur for any of the reasons for which a 7 • vacancy. in the office of a director shall occur. Vacancies in these offices shall be filled by the Commission for the unexpired portion of the term. Section 3. The three officers shall all be members of the execu- tive committee. Section 4. -The chairman shall preside at all meetings of the Commission and -the executive committee. The vice-chairman shall act as chairman in the absence of the chairman. Section S. The secretary-treasurer shall be responsible for keeping a record of all of the proceedings of the Commission and executive committee, for custody of all funds, for the keeping of all financial records of the Commission and for such other matters as • shall be delegated by the Commission. The secretary-treasurer shall post a fidelity bald or other insurance against loss of Commission funds in an amount approved by the Commission, at the expense of the Commission. Said fidelity bond or other insurance shall cover all persons autnbrized to handle funds of the Commission. Section b. -rhe Commission may appoint such other officers as it deems necessary. All such officers shall be appointed from the membership of the Commission. XI . FINANCIAL MATTERS Section 'I . The fiscal year of the Commission is the calendar year. - 8 I' P Section 2. Commission funds may be . expended by the Commis- sion in accordance with the procedures established by law for the expenditure of funds by Minnesota statutory cities. Orders, checks and drafts must ,be signed by any two of the officers. Other legal instruments shall be executed with authority of the Commission, by the president and secretary-treasurer. Contracts shall be let and purchasesmade in accordance with the procedures established by law for Minnesota Statutory Cities. Section 3. The financial. contributions of the parties in support of the Commission shall be in direct proportion to the number of votes -to which the director representing the member on the Commission is- j entitled. The, initial contribution of each member for the remainder of calendary year 1980 shall be $1 ,000.00 per vote on the Commission. a The initial contribution shall be paid on or before August 1 , 1980. This amount shall be used in part by the Commission to pay all costs and expenses incurred by the City of Roseville in the establishment of the Commission. Member contributions for subsequent years, if -any, shall .be established as hereinafter provided. Section 4. A proposed budget for the ensuing calendar year shall be formulated by the Commission and submitted to the members on or before August 1 beginning in 1980. Such budget shall be' deemed approved by a member unless, prior to October 15 preceding the effective date of the proposed budget, the member gives notice in writing to the Commission that it is withdrawing from the Commission. Final action adopting a budget for the ensuing calendar year shall- be • taken by the Commission on or before November 1 of each year. The 9 • total contribution from .members provided for in the final budget shall be divided and assessed to each member proportionally according to the number of votes on the Commission for the ensuing calendar year. Member contributions shall be made one-half on or before February 1 of each year and one-half on or before August 1 of each year. Section 5. Upon dissolution of the Commission, any funds re- maining shall be returned to the members in proportion to their. contributions to the Commission . Section S. Any member may inspect and copy the Commission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and- accepted account- ing procedures and principles used by Minnesota statutory cities. • XII . DURATION Section 1 . The Commission shall continue for an indefinite term un!ess the number of members shall become less -than five. The Commission may also be terminated by mutual agreement of all of the members at any time. Section 2. A member may withdraw from the Commission by filing a written notice with the secretary-treasurer by October 15 of any year g!ving notice of withdrawl at the end of that calendar year; ar: ' i.embership shall continue until the effective date of the with- A notice of withdrawal may be rescinded at any time by a member: If a member withdraws before dissolution of the Commission, the member shall have no claim on the assets of the Commission. A 10 member shall not withdraw until the member's financiai contribution for the calendar year is paid in full . Section 3. In the event of dissolution, the Commission shall determine the measures necessary to affect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit; subject to the provisions of this agreement. Upon dissolution of the Commission all remaining assets of the Commission, after pay- ment of obligations, shall be distributed among the then existing members in proportion to the number of their votes on the Commission at the time of dissolution and in accordance with procedures estab- lished by the Commission. - The Commission shall continue to exist after dissolution for such period, no longer than six months, as is • necessary to wind up its affairs but for no other purpose. IN WITNESS WHEREOF, the undersigned municipality has caused this agreement to be signed on its behalf this day of 1980. `i W:TN'ESSED BY: The City of St. Anthony %<a-LlJ By. I t s ¢,.� I tsL C_+- sOF • Filed in VF office of the Manager of the City of Roseville this day of 1930. - 1l • The motion for the adoption of 'the foregoing resolution was duly seconded by Councilmember Ranallo and upon the vote being taken thereon, the following voted in favor thereof: Haik, Letourneau, Ranallo, Marks, and Sundland and the following voted against the same: None. , whereupon said resolution was declared duly passed and adopted. • i I certify that this is a true and accurate copy of St. lnthony ecords. Date