City Council Resolution 1988-53RESOLUTION N0. 88-53
CITY OF MONTICELLO
STATE OF MINNESOTA
.RESOLUTION AMENDING BY SUBSTITUTION ARTICLE VI, SECTION 1
AND ARTICLE X, SECTION 3 OF THE SHERBURNE/WRIGHT COUNTY. CABLE
COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION
OF A CABLE COMMUNICATIONS SYSTEM.
WHEREAS, The City of Monticello (hereinafter
"City") is an existing member of the Sherburne/Wright County
Cable Commission (hereinafter "Commission"); and -
WHEREAS, the Commission has made recommended amendments
to the Joint and Cooperative Agreement for the Administration
of a Cable Communications System (hereinafter "Agreement") re-
lating to the voting structure of the Commission and the finan-
cial contributions of the Members; and
WHEREAS, the City believes it to be in its best interest
to amend the Agreement as recommended by Commission;
THEREFORE, BE IT RESOLVED, that the City Council of the
City of Monticello amends by substitution the existing
Agreement as follows:
1. Article VI, Section 1, is amended in its entirety ---- --- -
as follows: _
Section 1. Each Member shall be entitled to one (1)
director to represent it on the Commission. Each director
is entitled to vote in direct proportion to the percent
of annual revenues attributable in the municipality repre-
sented by the director to the total annual revenues of
the system for the prior year rounded to the nearest whole
number; provided, however, that each director shall have
at least one vote. For purposes of this section, the annual
revenues for each Member and the total annual system revenues
as of December 31 of each year shall be determined by the
records of the cable operator filed with the Commission
with the annual Franchise Fee. Prior to the first Commission
meeting in March of each year, the Secretary of the Commission
shall determine the number of votes for each Member in
accordance with this section and certify the results to
the Chair.
2. Article X, Section 3 is amended in its entirety as
follows
Py
Section 3. The financial contributions of the Members
in support of the Commission shall be in direct proportion
to the percent of annual revenues of each Member to the
total annual revenues of the system for the prior year
multiplied by the Commission's annual budget. The annual
budget shall establish the contribution of each Member
for the ensuing year. The Commission is hereby designated
as the entity to whom the Member's Franchise Fee shall
be paid by the Grantee. Any Franchise Fee paid to the
Commission by the Grantee in excess of the Commission budget
shall be returned to the Members in the same proportion
as each Member's contribution to the Commission budget.
The Members agree to use excess Franchise Fees for cable-.
related expenses.
The above-listed resolution was moved by Council Member
Dan Blonigen and duly seconded by Council Member
Warren Smith
The following Council Members voted in the affirmative:
Arve Grimsmo, Fran Fair, Bill Fair, Dan Blonigen,
Warren Smith
1988.
The following Council Members voted in the negative:
- None
The above resolution was duly adopted
ATTEST:
~ ~
December 12 ,
Mayor
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City Offi ial
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