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HomeMy WebLinkAboutRES 82-060 RESOLUTION AUTHORIZING THE JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIII IIII 102560 Box: 23 Folder: RES 1982 Document: RES 82-060 RESOLUTION AUTHORIZING THE JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM P FMOLUMCIN NO. 8 2-0 6 0 AUMORIZING THE JOINP AND COOPERATIVE AGS FOR THE ADMINISTRATION OF A CABLE COMM)NICATIONS SYSTEK WHEREAS, the City of St, Anthony (hereinafter "City") has granted a cable communications franchise ordinance to Group. W Cable of the North Suburbs, Inc., a subsidiary of Westinghouse Broadcasting and Cable, Inc.; WHEREAS, on November 12, 1982, City was issued a Regular Certificate of Confirmation by the Minnesota Cable Communications Board relative to the Group W Cable franchise; WHEFEAS, City believes it to be in its best interest and the most efficient utilization of resources for City to participate in a Joint and Cooperative Agreement for the Administration of the Cable Communications System; and i WHEREAS, said joint and cooperative effort is authorized by Minn. Stat. 9471.59, as amended; THEREFURE, BE IT RESOLVED, that the City Council of the City of qt- _ Ant-r many, shall participate in the North Suburban Cable Commission for the administration of the a cable communications system, BE IT FURTHER RESOLVED, that the appropriate officers of City shall execute the final Joint and Cooperative Agreement of the North Suburban Cable Commission and file it appropriately with the manager of the City of Roseville, Minnesota; FURTHER, City authorizes its proportional share of the assets of the dissolved North Suburban Cable Communications Commission as City's initial contribution to the North;Suburban Cable Commission; FURTHER,, that City's director shall be Alan Kaeding , residing at 3909 Shamrock Dr. N.E , whose phone number is 781-1944 and FURTHER, the City's alternate shall be David Mikkelson residing at 2601 Silver Lane N.E. , whose phone number is 781-8229 . The above listed resolution was moved by Council member Marks • , and duly seconded by Council member Enrooth The following Council members voted in the affirmative: Sundland, Marks , Ranallo, .Letourneau, Enrooth. The following Council members voted in the negative: None. The above resolution was duly .adopted December 14 , 1982 . ATTEST: City Clerk Mayor ? ' Reviewed for administration: allc_� City Manager i FINAL • NCMH SUBURBAN CABLE COMMISSION JOINT AMID COOPERATIVE AGES FOR THE ADMINISTRATION OF A CABLE-COMMUNICATIONS SYSTEM 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' The general purpose of this agreement is to establish an organization to monitor the operation and activities of cable communications, and in par- ticular, the Cable Communication System (System) of the parties; to provide coordination of administration and enforcement of the franchises of parties for 'their respective System; to promote the development of locally produced cable • television programming; and to conduct such other activities authorized .herein as may be necessary to insure equitable and reasonable rates and service levels for the citizens of the members of the organization. III. NAME The name of the organization is the North Suburban Cable Commission (NSCC) • IV. DEFINITION OF TERMS Section 1. For the purposes of this agreement, the terms defined in this Article shall have the meanings given them. Section 2. "Commission" means the Board of Directors created pursuant to this agreement. Section 3. "Cbuncil" means the governing body of a member. Section 4. "Franchise" means that cable ccm =ications franchise granter] by all cities listed in Article V, Section 1. v� _t director; provided, however, that each director shall have at least one vote. • For the 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 of the Commission shall determine the population of each member in accordance with this section and certify the results to the Chairman. Three years after the incep- tion of the Commission, or after the second annual report of the number of subscribers to the cable system, whichever is sooner, the voting structure of the Commission may be reconstituted to represent one vote per director based upon the number of subscribers or a fraction thereof of. the municipality repre- sented by the director, said number to be determined by amendment to this agreement; provided, however, that each director shall have at least one vote. 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 Ccnmission. Section 3. Each member shall appoint at least one alternate director. The Commission, in its By-laws, may prescribe the extent of an alternate's powers and duties. 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 duly filed by a member with the Commission. Vacancies shall be filled by appointment for the unexpired portion of the term of director by the council of `the member whose position on the Board is 'vacant. Section 5. There shall be no voting by proxy, but all votes must be cast by the director or the duly authorized alternate at a Commission meeting. Section 6. The presence of five directors representing a majority of the total authorized votes of all directors shall constitute a quorum, but a smaller number may-adjourn from time to time. -3- r... .3 may reasonably be done, the Commission shall select from- among the.-directors a Chair, Vice-Chair, Secretary and Treasurer, adopt By-Laws governing its procedures including the time, place, notice. for and frequency of its regu- lar meetings, adopt a procedure for calling special meetings, and such other matters as are required by this agreement. Section 6. Officers of the Commission shall be elected annually for one year terms. Officers shall be limited to two consecutive terms in a given office. VIII. POWERS AND DUTIES OP THE CaMMISSION Section 1. The powers and duties of the Commission shall include the powers set forth in this Article. Section 2. The Commission may make such contracts, grants, and take such other action, as it deems necessary and appropriate to accomplish the general purposes of the organization. The Commission may not contract for the purchase of real estate without the prior authorization of the member muni- cipalities. Any purchases or contracts made shall conform to the requirements, applicable to Minnesota statutory cities. Section 3. The Commission shall assume all authority and undertake all tasks necessary to coordinate, administer, and enforce the Franchise of each member except for that authority and those tasks specifically retained by.a member. Section 4. The Commission shall continually review the operation and performance of the cable communications system of the members and prepare annual reports as required by the Minnesota Cable Communications Board and the FOC. Section 5. The Commission shall undertake all procedures necessary to maintain uniform rates and to handle applications for changes in rates for the services provided by the Grantee. Section 6. The•Ccumission may provide for the prosecution, defense, from time to time. Section 13. The Commission may exercise any other power necessary and • incidental to the implementation of its powers and duties. IX. CFFICERS Section 1. The officers of the Commission shall consist of a chair a vice-chair, a secretary and a treasurer. Section 2. A vacancy in the office of chair, vice-chair, secretary or treasurer shall occur for any of the reasons for which a 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 four officers shall all be members of the executive committee. Section 4. The chair shall preside at all meetings of the Comnission and the executive committee. The vice-chair shall act as chair in • the absence of the chair. Section 5. The secretary shall be responsible for keeping a record of all of the proceedings of the Commission and executive committee. . Section 6.. The treasurer shall be. responsible 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 Commission may require that the treasurer post a. fidelity bond or other insurance against loss of Commission funds in. an amount approved by the Commission, at the expense of the Comnission. Said fidelity bond or other insurance may cover all persons authorized to handle funds of the Commission. Section 7. The Commission may appoint such other officers as it deems necessary. All such officers shall be appointed from the membership of the Commission. X. FRWCIAL MMERS Section 1. The fiscal year of the Commission shall be-the calendar -7- accordance with normal and accepted accounting procedures and principles used by Minnesota Statutory Cities. XI. DURATION Section 1. The Comnission shall continue for an indefinite term unless the number of members shall become less than five. The Commission may also be terminated my mutual agreement of all of the members at any time. Section 2. In order to prevent obligation for. its financial contribu- tion to the Commission for the ensuing year, a member shall withdraw from the Commission by filing a, written notice with the secretary by October 15 of any year giving notice of withdrawal effective at the end of that calendar year; and membership shall continue until the effective date of the withdrawal. Prior to the effective date of withdrawal 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 against the assets of the Commission. A member withdrawing after October 15 shall be obligated to pay its entire contribution for the ensuing year as outlined in the budget of the Commission for the ensuing year. Section 3. In the event of dissolution, the Commission shall deter- mine the measures necessary to affect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the pro-- visions ro-visions of this agreement. Upon dissolution of the Commission all remaining assets of the Camnission, after payment of obligations, shall be distributed among the then existing members in proportion to the most recent member by member breakdown of the franchise fee as reported by the Grantee. 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- -9-