HomeMy WebLinkAbout6.d. Cable Joint Powers Agreement CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: SEPTEMBER, 7, 1999
AGENDA ITEM: CABLE JOINT POWERS AGENDA SECTION:
AGREEMENT CONSENT
PREPARED BY: Thomas D. Burt, City Administrator AGEI����. �
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ATTACHMENTS: RESOLUTION,AGREEMENT APPROVED BY:
As the City Council is aware we have successfully negotiated a new franchise agreement with Charter
Cable.Part of that negotiation included a$60,000 Capital Grant and PEG fees.It is the intent to use the
capital grant to purchase the necessary equipment,to begin broadcasting City Council and Commission
meetings. And the PEG fee collected will be used for the operational expenses to broadcast these
meetings.
Since the time of the three cities of Apple Valley,Farmington, and Rosemount began negotiating the
franchise,we have been focusing on developing a cost-effective approach to jointly administer
community television operations.The three cities have all identified similar needs for design,acquisition
and installation of audio/visual equipment for their chambers. In addition,the need for staffing to televise
Council and Commission meetings.
The outcome of these discussions has been development of the attached joint powers agreement.This
agreement creates a Cable and Telecommunications Advisory Commission,which will address issues
associated with community television operations. It is recommended that each city designate their City
Administrator and designee to represent their jurisdiction. The attached joint powers agreement was
developed with the idea of reducing costs to the cities by eliminating duplication of staff,consulting
services and equipment. All policy issues would be brought to each governing body for review and
approval. The commission would be responsible for addressing operational,management and franchise
enforcement issues.
Apple Valley has agreed to hire a Cable Communications Coordinator that will be shared by the three
cities and funded in direct proportion to the PEG fees collected.The Coordinator will be responsible to
all three cities and will manage, design, acquire,maintain and operate the audio/visual equipment in each
of the three cities.Rosemount's annual funding contribution will be approximately 25% of the total
budget,Farmington will also contribute 25%and Apple Valley will contribute 50%base on the number
of subscribers.
RECOMMENDED ACTION:
MOTION to approve A RESOLUTION APPROVING A JOINT AND COOPERATIVE
AGREEMENT ESTABLISHING A COMMISSION TO SERVE AS A CABLE AND TELECOMMUNICATIONS
ADVISORY BODY FOR THE ADMINISTRATION OF THE CABLE COMMUNICATIONS SYSTEM,THE
COMMUNITY TELEVISION OPERATIONS,AND TELECOMriiJNICATIONS ACTMTIES AND ISSUES
ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY,MINNESOTA
RESOLUTION 1999-
A RESOLUTION APPROVING A JOINT AND COOPERATIVE
AGREEMENT ESTABLISHING A COMNIISSION TO SERVE AS A CABLE AND
TELECOMMUNICATIONS ADVISORY BODY FOR THE ADMINISTRATION OF
THE CABLE COMMU1vICATIONS SYSTEM,THE COMMUNITY TELEVISION
OPERATION5,AND TELECOMMUNICATIONS ACTIVITIES AND ISSUES
WHEREAS, the Cities of Apple Valley,Farmington, and Rosemount(hereinafter"Cities")have
studied the possibility of jointly and cooperatively coordinating the administration of their
individual cable communications franchises; and
WHEREAS,the Cities desire to enter into a Joint and Cooperative Agreement creating a
Commission to serve as a cable and telecommunications advisory body for the administration of
the cable communications system,the community television operations, and telecommunications
activities and issues within the Cities; and
WHEREAS, the City of Rosemount(hereinafter"City")has determined it to be in the best
interest of the City to enter into such a joint and cooperative agreement;
NOW THEREFORE BE IT RESOLVED,by the City council of the City of Rosemount:
1. The City hereby adopts and enters into the attached Joint and Cooperative Agreement
Establishing a Commission(hereinafter"Commission")to serve as a cable and
telecommunications advisory body for the administration of the cable communications
system, the community television operations, and telecommunications activities and
issues;
2. FURTHER,the City appoints as its director to the Commission City Administrator
Thomas D. Burt;
3. FURTHER, the City appoints as its alternate director to the Commission Assistant to
City Administrator/City Clerk Susan M. Walsh;
4. FURTHER, authorizes all necessary signatures to be affixed to such Joint and
Cooperative Agreement on behalf of the City.
ADOPTED this 7th day of September, 1999.
Cathy Busho,Mayor
RESOLUTION 1999-101
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member Not Present:
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Joint and Cooperative Agreement Establishing a Commission
to serve as a Cable and Telecommunications Advisory Body
for the Administration of the Cable Communications System,the
Community Television Operations, and Telecommunications Activities and Issues
I. PARTIES
The parties to this agreement are governmental units of the State of Minnesota. This agreement is �
made pursua.nt to Minnesota Statutes Section 471.59, as amended.
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II. GENERAL PURPOSE
The general purpose of this agreement is to establish an organization that monitors the operation and
activities of the Members' cable and telecommunications systems; to provide coordination of
administration and enforcement oi the franchises for their respective systems; and to conduct such
other activities authorized herein.
III.NAME
The name of the organization is the Apple Valley/Farmington/Rosemount Telecommunications
Commission. ,
IV. DEFINITION OF TERMS
Section 1. For the purposes of this agreement, the terms defined in this Article sha11 have the
meanings given them.
Section 2. "Commission" means the Apple Valley/Farmington/Rosemount Telecommunications
Commission.
Section 3. "Council" means the governing body of a Member.
Section 4. "Franchise" means that cable communications franchise granted by the cities of Apple
Valley, Farmington, and Rosemount, Minnesota.
Section 5. "Grantee" means the franchised cable operator or telecommunications provider that
serves the Members.
Section 6. "IVlember" means a municipality which enters into this agreement.
Section 7. "PEG" means all the activities associated with the Members' local programming
activities provided on the cable television and/or telecommunications systems,including the public,
educational and governmental access channels.
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V.MEMBERSHIP
V alle F armington,and Rosemount are the Members of the
Section 1. The mu�cipalities of Apple y� of tliese named mun�cipalities,
m��l allty geographically contiguous to any become a Member
Commission. AnY p h the same Cn'antee,may
and served by a cable co��eementsystem throug
pursu an t t o t h e t e r m s o f � of this agreement .
Section 2. AnY mu�cipalit�' desiring to become a Member shall execute a copy
and conform to all requ�rements herein. �f�ative vote of each
Section 3. Municipalities desiring to become Members may be admitted by
resolution impose conditions upon the
of the cunent Members' councils. The Members may bm�ci ality to the Commission shall not
admission of additional Members. The admiss�e officni 1 action of the cun'ent Members' councils.
become effective for sixty(60)days following
VI,DIRECTORS: VOTING
er shall be entitled to one(1)director which shall be the City Administrator
Section 1. Each Memb le Valley Director shall be entitled
or his/her designee to represent it on the Commission. The App
to two(2)votes on
the Commission. The Farmington and Rosemount directors shall be entitled to
one(1)vote each on the Commission.
- ' ector shall be appointed by resolution of the Coun�ii hout compensat on from
Section 2. "The dlr ointed. Directors shall serve
director shall serve until a successor is app
the Commission.
Section 3. Each M
ember shall appoint at least one (1) alternate to the Commission which shall
represent the Member in the absence of the d�rector. ons set forth in Minnesota
in the office of director will exist for any of the reas
Section 4. A vacancy ointment duly filed by a Member
Statutes Section 3 51.02, or upon a revocation of a d�o n�entfor the unexpired portion of the term
with the Commission. V acancies shall be filled by app
of director by the council of the Member whose position on the Board is vacant.
Section 5. There sh
all be no voting by proxy,but all votes must be cast by the director or the duly
authorized alternate at a Commission meeting. but a smaller number may
Section 6. The presence of two (2) directors shall constitute a quorum,
adjourn from time to time•
shall not be eligible to vote on behalf of the directoe'Commisp on D�g he
S e c t i o n 7. A d i r e c t o r contri bu ti o n o r p a y m e n t t o t h oses
time said municiPal1t}'is in default on any
existence
of such default,the vote or votes of such Member sha11 not be counted for e p�
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of this agreement.
Section 8. All official actions of the Commission must receive three (3)votes in the aff'irmative.
VII.EFFECTIVE DATE/MEETINGS
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 copy of this agreement, together
with a certified copy of the authorizing resolution,with the City Administrator of the City of Apple
Valley,Minnesota. The resolution authorizing the execution of the agreement shall also designate
the director and the alternate, if any, for the municipality on the Commission, along with said
director's and alternate's address and phone number.
Section 2. This agreement is effective on the date when executed agreements oi all of the
municipalities 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 the agreement,the City Administrator
of the City of Apple Valley shall ca11 the first meeting of the Commission.
Section 4. The Commission may adopt By-Laws governing its procedures including the time,place,
notice for and frequency of its regular meetings,adopt a procedure for calling special meetings,and
such other matters as are required by this agreement.
VIII,ppWERS AND DUTIES OF THE COMMISSIO\T
Section 1. The powers and duties of the Commission shall include the powers set forth in this
Article.
Section 2. The Commission may take such action as it deems necessary and appropriate to
accomplish the general purposes of this agreement. The Commission may enter into contracts on
behalf of the Members when the contract or services have been previously included within the
approved annual budget.If the Commission requires contracts or services not previously budgeted,
the Members will consider approving additional funding. The Commission may not contract for the
purchase of real estate without the prior authorization of the Member municipalities. Any purchases
or contracts made shall conform to the requirements applicable to Minnesota statutory cities.
Section 3. The Commission shall review the operation and performance of the Members' cable
and/or telecommunications system and consider related policy issues as they pertain to the
coordination, administration and enforcement of any Franchise. The Commission will provide
recommendations to the Members for their final action,unless specific powers have been delegated
herein or otherwise by the Members to the Commission.
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Section 4. It is specifically understood that each Member shall have final authority for construction
plans for activities proposed under the Franchise within the corporate limits of each Member;issues
requiring conshuction and street opening pernuts;and inspection of all construction activity within
Members' boundaries.
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 Commission,with notice to its Members, may provide for the prosecution,defense;
or other participation in actions or proceedings at law in which it may have an interest, and may
employ counsel for that purpose.
Section 7. 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 and/or
telecommunications rates,franchises, and levels of service.
Section 8. The Commission may obtain from Grantee and from any other source,such information
relating to rates, costs and service levels, or any other information regarding Grantee or others the
access to which is otherwise granted by the franchise or other relevant law to a Member.
Section 9. The Commission may,with notice to its Members, 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 powers and purposes of the Commission.
Section 10. The Commission will develop administrative,operational and management policies for
the Members' PEG access operations.
Section 1 l. The Commission may provide policy recommendations to the Members, in areas of
telecommunications services, activities, and planning.
Section 12, The Commission may take such other actions which are necessary and directly related
to its powers and duties specifically,herein.
X. FIl`'ANCIAL MATTERS
Section 1. The fiscal year of the Commission shall be the calendar yeaz.
Section 2. The City of Apple Valley shall serve as the fiscal agent of the Commission. All
contracts, orders, drafts, or other legal instruments, upon request and authorization of the
Commission, shall be executed by the City of Apple Valley.
Section 3. Any staff authorized by the Commission in accordance with its powers and duties as
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outlined by this agreement shall be employees of the City of Apple Valley which shall process and
maintain such employees within the City of Apple Valley regular employment procedures and
agreements.
Section 4. The Members shall contribute all annual PEG fees and any additional franchise fees
necessary to support the Commission budget. The annual budget shall establish the contribution of
each Member to the City of Apple Valley for the ensuing year and a timetable for the payment of
said contribution. The Commission by unanimous consent and approval of its Members may �
authorize one or more special appropriations to be paid to the City of Apple Valley in any given
fiscal year to support the powers and duties of the Commission as authorized by this agreement but
not provided for in the annual budget of the Commission.
Section 5. The initial budget of the Commission for the remainder of fiscal 1999 and fisca12000
shall be formulated by the Commission and submitted to the Members within 45 days of the first
meeting of the Commission. The initial budget of the Commission shall be deemed approved by a
member unless within 45 days of receipt of said initial budget a Member gives notice in writing to
the Commission of any objections to said budget. A proposed budget for any ensuing calendar year
shall be formulated by the Commission and submitted to the Members on or before July 1. Such
budget shall be deemed approved by a Member unless,prior to September 15 preceding the effective
date of the proposed budget, the Member gives notice in writing to the Commission of any
objections to the budget.
XI. DURATION
Section 1. The Commission shall continue for an indefinite term. The Commission may be
terminated by mutual agreement of all of the Members at any time or if any Member fails to make
its annual contribution to the Commission budget.
Section 2. In order to prevent obligation for its financial contribution to the Commission for the
ensuing year, a Member shall withdraw from the Commission by filing a written notice with the
Commission by October 15 of any yeaz 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 from the Commission,the Member shall have a claim against the assets of the
Commission in direct proportion to its fmancial contribution to the Commission for the preceding
fiscal yeaz. A Member withdrawing after October 15 sha11 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 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 payment of obligations, shall be distributed among the
then existing Members in proportion to each Member's financial contribution to the Commission
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for the preceding fiscal year. 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 , 199_.
CITY OF �
sy
Its
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