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HomeMy Public PortalAbout1981-027CITY nF MEDINA RESOLUTION 81- 2 7 DESIGNATING PERSONS TO SERVE ON A COMMITTEE TO DEVELOP AND COORDINATE THE FRANCHISE PROCESS OF A CABLE COMMUNICATIONS SYSTEM TO BE JOINTLY DEVELOPED BY CITY IN CONJUNCTION WITH OTHER GOVERNMENTAL UNITS AND THE PROCEDURES TO BE FOLLOWED BY THAT COMMITTEE. WHEREAS, the City of Medina of the State of Minresota, and is a governmental unit WHEREAS, the city desires to join together with other governmental units that form a Cable Service Territory (CST) approved by the Minnesota Cable Communications Board (MCCB) and includes Long Lake, Medina, Minnetonka Beach, and Orono, and WHEREAS, it is the desire of the city to coordinate together with each governmental unit in procuring the development of a cable communications system that will serve each governmental unit and to share in the expenses and other matters pertaining thereto. NOW, THEREFORE, BE IT RESOLVED by the City of regular meeting assembled as follows: I. CABLE COMMITTEE edina in A committee comprised of two (2 members from each governmental unit is hereby authorized and the members of city shall include: 1. Tom Anderson Member Sarah Lutz Alternate 2. _Nancy Laurent Member Larry Roisclair Alternate II. PURPOSE AND FUNCTION OF COMMITTEE A. City shall be the Franchising Authority within the meaning of Minnesota law chapter 238 and the rules of the MCCE. B. Committee authorized by this Resolution will assist the city in working together with other governmental units. It is contemplated that the committee will undertake to study a varjety of matters including the nature and potential of a cable communications system for this city, its operational characteristics, how to secure reasonable access for use by the public, what should be done to secure interconnectibility with other systems in the area, what is a suitable geographic and market area for a franchise, how system capabilities should be maintained and improved during franchise and generally what would be the best procedure to follow in granting franchises and administering them. C. Committee will coordinate the franchising process with each participating governmental unit and perform the specific functions described herein during the franchising process. D. To assist the committee, legal counsel and a consultant may be retained after approval by each governmental unit and each shall share equally the expenses. E. The committee will regularly advise the city so that the city, as the franchising authority, can make intelligent and informed decisions as to all matters required by it. FRANCHISING. PROCESS A. MCCB rules shall be followed, and the city as the franchising authority shall be responsible for all required actions. The committee will regularly inform the city of MCCB requirements and will assist the city to insure that all notices and filings to the MCCB are regularly and timely accom- plished. B. The city shall approve the needs assessment and determine to proceed with the franchising process. C. After completion of study of the CST and review of needs assessments of each governmental unit, committee will prepare a Request for Proposal (RFP) and a preliminary franchise ordinance. As part of this, committee will also prepare a guide for evaluating proposals and selecting a parti- cular proposal. D. City will review the RFP, preliminary franchise ordinance and guide for evaluating and selecting a particular proposal and after conducting a public hearing, will publish notice and solicit proposals, and then provide that the proposals be forwarded to the committee for evaluation and review according to the guide for evaluating and selecting a particular proposal. E. Committee will schedule Such meetings as are necessary to permit all persons an opportunity to address the committee regarding the proposals. F. Committee will coordinate its activities in a manner that will enable the public generally and other groti;ps such as the schools to be afforded a reasonable opportunity to advise the committee of their recommendations. G. Committee will assist each governmental unit and coordinate the scheduling of public hearings by each as required?by MCCB rules. The city will publish the notices required for these meetings. -2- H. After each governmental unit has completed the required public hearing, the committee shall seek to finalize the franchising process by selecting a proposal to recommend to the city to approve and to grant a cable com- munications system franchise. The committee shall prepare a report of the basis for its recommendation and a model final franchise ordinance that may be uniformly adopted by each governmental unit. I. City will publish notice of the proposed final ordinance and conduct a public hearing to adopt the ordinance recommended by the committee and to do all things, including publishing the ordinance required by its procedures for adopting ordinances. J. City will contract with the company awarded a franchise in the manner described in the final franchise ordinance. It is intended that each governmental unit will adopt the recommended franchise ordinance in order to have one company jointly serve them. If any one of the governmental units does not adopt the recommended franchise ordinance, each other governmental unit and the recommended company shall have the option, individually or jointly, to proceed and permit the granting and acceptance of the franchise or to terminate the process and start over. The option to proceed will be effective if any governmental unit and the company both have elected to proceed and notice has been given by all electing to pro- ceed not later than thirty (30) days after the date all four governmental units have acted on the final franchise ordinance. K. Committee will coordinate with each governmental unit and company to assure that the Certificate of Confirmation required by MCCB rules will be approved. IV. DURATION OF COMMITTEE A. The committee shall cease to exist after a Certificate of Confirmation is approved by the MCCB unless extended for other purposes of amendment of this Resolution. B. City may withdraw and determine not to participate together with the governmental units in the franchising process. If this determination is made, city will give to each other governmental unit a notice of its intent and agrees to pay its portion of all expenses incurred, as deter- mined by the committee,,to the date it determines to withdraw. The committee may also be terminated by mutual agreement of each governmental unit at any time. V. MISCELLANEOUS A. Committee will keep a record of all offits activities and furnish minutes, reports and other information to each governmental unit on a regular basis. -3- B. A11 expenses for the committee shall be reflected in itemized statements showing the proportionate payment required of each governmental unit and after approval by city, shall be promptly paid by city. C. The committee shall maintain a file of all of the records, minutes, expenses, proposals and other information relating to its activities and to the franchising process and this shall be accessible to each governmental unit at all times at a central location. D. The committee may be named by and By -Laws prepared for approval by each governmental unit. The By -Laws will outline the functioning of the Committee. E. Minnesota law, chapter 238, shall govern the procedure to be followed in awarding a cable communications system franchise. F. The city will cooperate to make information about city available to companies preparing proposals and to the committee. G. The By -Laws of the committee attached hereto are approved. H. The city clerk is directed to give to each governmental unit a copy of this Resolution and to establish a file of the cable communications system franchising process of the city. Passed and adopted this 23rd day of ATTEST: 4.-4)2_/ CITY CLERK June , 1981.