CR 06-059 Approve Res 06-037 Approving Amendment to the Joint & Cooperative Agreement
June 19, 2006
~
Council Report 2006-059
Approve Resolution 2006-037 Approving
Amendments to the Joint and Cooperative Agreement
Proposed Action
Staff recommends adoption of the following motion: Approve Resolution 2006-037 approving the
amended Joint and Cooperative Agreement - Southwest Suburban Cable Commission.
This result of this motion will be to amend the Joint and Cooperative Agreement the established the
Southwest Suburban Cable Commission (SWSCC.) The Commission unanimously recommended that
the member cities approve these amendments.
Overview
In 1982 the cities of Eden Prairie, Edina, Hopkins, Minnetonka, and Richfield entered into an
agreement to facilitate the establishment of a cable television franchise to serve the five cities. The
agreement was amended in 1985 and 2001.
The SWSCC directed its attorney, Mr. Brian Grogan, to suggest amendments to the agreement that
would allow individual member cities to request a review of the Commission's finances.
The Commission's finances are very simple. Each year the Commission writes about 15 checks and
cashes about twenty. The total budget is about $50,000. Formal audits, however, are very expensive.
The 2004 audit cost $2,250. The Commission wants to be financially prudent both in expenses and
oyersight.
If the Commission is going to move away from regular audits, member cities wanted language in the
Agreement that would give them the ability, at any time, to require a review or audit of the
Commission's finances.
Supporting: Information
Resolution 2006-037
Amended Joint and Cooperative Agreement
Financial Impact: $ None Budgeted: Y IN
Related Documents (CIP, ERP, etc.):
Notes:
Source:
City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 2006-037
WHEREAS, the City of Hopkins is a member of the Southwest Suburban Cable
Commission; and
WHEREAS, the Commission was formed by the adoption of a Joint and Cooperative
Agreement between the cities of Eden Prairie, Edina, Hopkins,
Minnetonka, and Richfield in 1982 in order to facilitate the establishment
of a cable television franchise; and
WHEREAS, the Commission has recommended that the Joint and Cooperative
Agreement be amended to remove outdated language and improve the
operation of the Commission,
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins
hereby approves the Amended Joint and Cooperative Agreement -
Southwest Suburban Cable Commission.
Adopted by the City Council of the City of Hopkins this 19th day of June 2006.
By
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
AMENDED JOINT AND COOPERATIVE AGREEMENT
SOUTHWEST SUBURBAN CABLE COMMISSION
ARTICLEI. PREANUBLE
The parties to this Agreement are governmental units of the State of Minnesota. This
Agreement supersedes any prior Agreement between the parties covering the establishment of a
Cable Communications Commission and is made pursuant to Minnesota Statutes S238.08 and
S471.59, as amended.
ARTICLE II. GENERAL PURPOSE
The general purpose of the Agreement is to establish an organization to analyze the
operation and Systems of the Member Cities; to coordinate administration and enforcement of
the respective Franchises of the Member Cities; to report and recommend to the Member Cities
relative to the operation of their respective Systems and the activities of their respective
Grantees; and to perform such other duties as are required of the organization hereby created
pursuant to this Agreement.
ARTICLE III.
NAME
The name of the organization hereby created is Southwest Suburban Cable Commission.
ARTICLE IV.
DEFINITION OF TERMS
Section I.
Definitions. For the purpose of this Agreement, the terms defined in this
Article shall have the meanings given them by this Article.
Section 2.
"Board" or "Board of Directors" means the governing body of the
Commission.
Section 3.
"Commission" means the organization created pursuant to this Agreement.
Section 4.
"Council" means the governing body of a Member City.
800934vdoc
Section 5.
"Directors" means the persons appointed pursuant to this Agreement to
serve as Directors, and includes alternate Directors when serving as Directors.
Section 6. "Franchise" means any Cable Television Franchise granted by a Member
City to this Agreement.
Section 7.
Franchise.
Section 8.
"Grantee" means any person to whom a Member City has granted a
"Managers' Committee" means the committee consisting of the Director
of each Member City who is the city manager, or his or her alternate.
Section 9. "Member City" means a municipality which has entered into this
Agreement and is in good standing.
Section 10. "System" means any cable communications system operated within each
Member City pursuant to a Member City's Franchise.
ARTICLE V.
MEMBER CITIES
The Member Cities to this Agreement are Eden Prairie, Edina, Hopkins, Minnetonka and
Richfield. Any other municipality served by a System through the same Grantee as the Member
Cities to this Agreement may become a Member City upon approval by all of the then Member
Cities. Eligible municipalities may become a Member City effective January 1 of any year
thereafter, upon approval by a two-thirds (2/3) vote of the total Directors and upon payment of
the initial contribution set out in Article XI, Section 2 hereof, and contributions for the year it
becomes a Member City.
ARTICLE VI.
EFFECTIVE DATE
Section 1. Execution of Agreement. A municipality shall enter into this Agreement
by duly executing a copy of this Agreement and by action of its Council authorizing execution of
800934vdoc
2
a copy of this Agreement by its authorized officers. Whereupon, the clerk or other appropriate
officer of that municipality shall file a duly executed copy of this Agreement with the
Commission.
Section 2.
the Member Cities.
Effective Date. This Agreement is effective on the date executed by all of
ARTICLE VII.
Section 1.
POWERS AND DUTIES OF THE COMMISSION AND PARTIES
General Authority. The Commission is established for the purposes of
coordinating administration and enforcement of the individual Franchises of the Member Cities
and providing uniformity in that administration and enforcement to insure that the System of the
Grantee is constructed, operated, maintained and upgraded in a manner that will, to the extent
possible, be to the maximum benefit of each Member City. To accomplish this purpose, the
following divisions are made of authority and responsibilities among the Member Cities and the
Commission.
Section 2. Member City Powers and Duties. The Commission shall have only such
powers and duties as are specifically granted in this Agreement or necessarily implied from those
specifically granted. All powers and duties not so granted or necessarily implied are reserved to
the Member Cities. Specifically, the Commission shall have no powers and duties in the
following areas and the Member Cities retain sole authority in the following areas:
A. General Powers. Each Member City retains authority to amend and renew
its Franchise, initiate and defend lawsuits, and prosecute violations of its Franchise.
B. Permits and Licenses. Each Member City retains authority to issue all
required permits and licenses for the construction and operation of the System.
800934vdoc
3
Section 3. Powers and Duties of the Commission. Subject to the provisions of
Section 2, the following powers and duties are delegated by the Member Cities to the
Commission.
A. Policy Decisions and Recommendations. The Commission shall make
policy decisions and recommendations to Member Cities on the following:
1) Enforcement of Laws. Enforcement of laws, regulations and
ordinances, related to cable communications, against Grantee and others.
2) Insurance Policies and Letters of Credit. The content and
adequacy of insurance policies and letters of credit.
3) Marketing Practices. Review and report to the Member Cities on
any marketing practices or subscription contracts which may be contrary to any of
the Franchises, or which are not uniform in each Member City.
4) Granting of Franchises. The grant of new franchises by Member
Cities.
B. Complaints Relating to Grantee Actions. Receive, collect, tabulate and
attempt to resolve by negotiation with Grantee all customer complaints and report to the
affected Member City all unresolved complaints.
C. Institutional Network. Monitor development of the institutional networks
in each Member City and work with Grantee to promote prompt completion of the
institutional network in each Member City.
D. Cable Programming~ Content Scope~ Alterations in Programming
Services. Deal with all matters relating to programming on its own initiation or upon
request of a Member City.
800934vdoc
4
E. Access and Local Origination. Encourage and promote the use and
development of access channels and programming and local origination programming,
work with Grantee to coordinate such development and programming in each Member
City, including the development of rules, training of persons and the use and maintenance
of equipment.
F. Performance Evaluation. Cause technical evaluations of the System
whenever the Commission, in its sole discretion, concludes that such evaluations are
required or desirable, including the periodic review and evaluation specified in the
Member Cities' Franchises.
G. Grantee Rules. Help to develop Grantee's rules regarding development
and supervision of the System including, but not limited to, public access, local
origination and line extensions.
H. Technology and State of Art Review. Review changes and developments
in the cable communications industry and facilitate the upgrading of the System.
I. Statutory and Regulatory Changes. Advise the Member Cities of any
required or recommended Franchise amendments.
J. Interconnection with Other Systems. Monitor the planning and
development of the regional interconnection of the System with other cable television
systems and supervise the implementation of interconnection to the extent not requiring
Franchise amendment.
K. Lobbying of Commission Policy at Other Governmental Levels. Present
its policies to other governmental bodies involved in the regulation or operation of cable
communications.
800934vdoc
5
L. Mediation of Member Cities/Grantee Disputes. Mediate disputes arising
between a Member City and the Grantee when and if submitted to the Commission for
resolution upon the mutual agreement of that Member City, the Grantee and the
Commission.
M. Franchise Fees: Grantee Audits. Coordinate payment of franchise fees to
the Member Cities; examine books and records of Grantee and conduct any audits or
reviews it deems appropriate and as may be required by the Franchises.
N. Gifts. In appropriate circumstances, 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.
O. Annual Report. Prepare an annual report to the Member Cities describing
and summarizing its functions and activities for the preceding year.
P. Coordination and Defense of Civil Lawsuits. Provide assistance and
coordination regarding the defense of any lawsuit pertaining to cable communications, or
the enforcement of Franchises. Any such requested assistance or coordination shall be
paid for by the Member City or Member Cities requesting its defense of lawsuits in
which the Commission is named as a defendant and shall be handled in a manner decided
by the Commission.
Q. Rates and Charges. To the extent permitted under the law, maintain
records of rates and charges and evaluate changes requested by Grantee; advise and
recommend to the Member Cities as to all requested rate or charge changes; obtain from
Grantee and from any other source, such information relating to rates, costs and service
800934vdoc
6
levels as any Member City is entitled to obtain from Grantee or others; and conduct
hearings as the Commission deems appropriate.
R. Contracts. Make such contracts and enter into such agreements as it
deems necessary to make effective any power granted to it or perform any duties imposed
upon it by this Agreement or delegated to it by a Member City. The Commission may
contract with any of the Member Cities or others to provide to it space, services or
materials.
S. Consultants and Legal Counsel. Contract with such persons as it deems
necessary to accomplish its powers and duties.
T. Procedures Relating to the Governance of Commission Operations.
Notwithstanding any provision contained in this Agreement, with respect to the operating
procedures of the Commission, the Commission is hereby authorized to establish from
time to time bylaws or other policies and procedures relating to its own governance and
operations, including procedures relating to meetings, dates of meetings, agendas,
information contained on agendas and the functions of the Managers' Committee and
Commission.
ARTICLE VIII.
BOARD OF DIRECTORS
Section 1.
General Powers. The property, affairs and business of this Commission
shall be managed by the Board of Directors.
Section 2. Qualifications~ Appointment: Notices. Each Member City shall be entitled
to two (2) Directors and two (2) alternate Directors. Each alternate shall serve as a Director
when the Director for which he/she is an alternate cannot serve or is absent. One (1) Director
and his/her alternate shall be a member of that Member City's Council. The other Director and
800934vdoc
7
his/her alternate shall be an administrator or staff member having, or likely to have,
administrative responsibility for that Member City's System. Directors and alternates shall be
appointed by the Council of each Member City at the time it becomes a Member City. When a
Council appoints a Director, it shall give written notice initially of such appointment to the
Chair. Such notice shall include the mailing address of the person so appointed. The names and
addresses shown on such notices as the same may be challenged by subsequent notices given in
writing, may be used as the official names and addresses for the purpose of giving notices to
such persons for all purposes under this Agreement, including meetings of the Commission.
Section 3.
Officers Selection. At each annual meeting thereafter while the
Commission is in existence, the Commission shall elect the Commission officers from its
Directors.
Section 4. By-Laws. The Commission shall adopt By-Laws governing its procedures
including the time, place and frequency of its regular meetings, and the time and place of its
annual meeting. The Commission may amend the By-Laws from time to time by either of the
following methods:
A. A proposed By-Law amendment may be submitted by a Director at any
regular meeting. It shall then be referred to the Managers' Committee for its
recommendation. The recommendation shall be presented to the Board at a regular
meeting and voted upon at that or a subsequent meeting of the Commission; or
B. A proposed By-Law amendment may be submitted by a Director by
giving written notice thereof to all other Directors at least fourteen (14) days prior to a
regular meeting at which it is to be acted on. The proposed amendment shall then be
referred to the Managers' Committee for its recommendation. The recommendation shall
800934vdoc
8
be presented to the Board at the meeting stated in said notice and voted upon at that or a
subsequent meeting of the Commission.
In no event shall a proposed By-Law amendment be acted upon without a review by the
Managers' Committee of not more than sixty (60) days.
Section 5. Compensation. Directors shall serve without compensation from the
Commission no matter in what capacity they serve, but this shall not prevent a Member City
from providing compensation for its Directors if such compensation is authorized by the Member
City and by law.
Section 6. Voting. There shall be no voting by proxy. Each Director shall have one
(1) vote. V otes must be cast at a Commission meeting. Directors shall not be eligible to vote
during the time the Member City that appointed such Directors is in default on any contribution
or payment to the Commission. During the existence of such default, the votes allotted to such
Member City shall not be counted for any purposes under this Agreement.
Section 7. Term~ Resignation. Directors shall serve, at the pleasure of the Council
appointing them, a term of two (2) years. In the case of Council member Directors, his/her term
shall automatically cease when his/her term as a Council member is ended. Likewise, the term
of a Director that is an administrator or staff member of a Member City shall cease upon
termination of that person's employment with the appointing Member City. Directors may be
reappointed at the pleasure of the Council appointing them. A Director may resign at any time
by giving written notice to the Chair, effective upon the date stated in said notice, or ifno date is
stated, effective upon receipt by Chair. Acceptance of a resignation is not necessary to make it
effective.
800934vdoc
9
Section 8.
Vacancies. A vacancy on the Commission, created by any cause, shall be
filled, for the remaining term of the prior Director, by the Council of the Member City whose
Director position on the Commission is vacant.
Section 9. Quorum and Manner of Action. Except as provided in Article VII,
Section 3, Paragraph K, a majority of the Directors shall constitute a quorum of the Commission,
and the act of a majority of the Directors present at any meeting at which a quorum is present
shall be the act of the Board. In the absence of a quorum, a majority of the Directors present
may adjourn any meeting from time to time until a quorum is present. Notice of any adjourned
meeting need not be given other than by announcement at the meeting at which adjournment is
taken. If a quorum is present when a duly called meeting is convened, the Directors present maY'
adjourn the meeting, notwithstanding that the withdrawal of a number of Directors originally
present leaves less than a quorum. No other business shall be transacted.
Section 10. Annual and Regular Meetings. An annual meeting of the Commission
shall be held in April of each year to elect officers of the Commission and for transaction of any
other business to come before the meeting. Regular meetings shall be held at such times and
places as shall be established in the By-Laws of the Commission.
Section 11. Special Meetings. Special meetings of the Commission may be called (i)
by the Chair, (ii) by the Managers' Committee, or (iii) by the Chair or Managers' Committee
upon the written request of a majority of the Directors. Five (5) days written notice of special
meetings shall be given to the Directors. Such notice shall include the agenda for the special
meeting. Only matters set forth in the agenda shall be considered at the special meeting.
Section 12. Notice. Notice of regular and annual meetings of the Commission shall be
given to the Directors at least seven (7) days in advance and the agenda for such meetings shall
800934vdoc
10
accompany the notice. Business at regular meetings of the Commission is not limited to matters
set forth in the agenda.
Section 13. Notices Excused. Any meeting of the Board shall be a legal meeting
without any notice thereof having been given if all of the Directors then in office are present at
the meeting or waive notice in writing before, at or after the meeting.
ARTICLE IX.
OFFICERS
Section I. Number~ Election~ Oualifications. The officers of the Commission shall
consist of a Chair, a Vice Chair and a Secretary/Treasurer. Each officer shall be elected at an
annual meeting by the Board and shall hold office for a term of two (2) years and until his/her
successor shall have been elected and have qualified or until his/her earlier disqualification,
death, resignation or removal. All officers shall be Directors. New officers shall take office at
the adjournment of the annual meeting of the Commission at which they were elected. Not more
than one (1) Director of a Member City shall be elected an officer during the same term.
Directors of a Member City that have given notice of withdrawal shall not be eligible to become
officers or to vote on the selection of officers. Any officer who ceases to be a Director shall at
the same time cease to be an officer.
Section 2. Resignation. Any officer of the Commission may resign at any time by
giving written notice of his/her resignation to the Board, to the Chair or to the
Secretary/Treasurer of this Commission. The resignation shall take effect at the time, if any,
specified therein or, ifno time is specified therein, upon receipt thereof by said Board, Chair or
Secretary/Treasurer. The acceptance of a resignation shall not be necessary to make it effective.
Section 3. Removal. Any officer may be removed, with or without cause, by a vote
of four-fifths (4/5) of the total number of Directors, at any meeting of the Board, provided that
800934vdoc
11
such purpose is stated in the notice or waiver of notice of the meeting unless all of the Directors
of this Commission are present at the meeting.
Section 4. Vacancies. A vacancy in any office because of disqualification, death,
resignation or removal shall be filled for the unexpired portion of the term in the manner
prescribed herein for election to that office.
Section 5. Chair: Vice Chair. The Chair shall preside at all meetings of the
Commission and shall perform all duties incident to the office of Chair and such other duties as
may be delegated by the Commission. The Vice Chair shall act as Chair in the absence of the
Chair.
Section 6. Secretary/Treasurer. The Secretary/Treasurer shall be a Director who is
an administrator or staff member of a Member City. He/she shall be responsible for keeping a
record of all of the proceedings of the Commission and Managers' Committee and shall serve as
the Chair of the Managers' Committee. The Secretary/Treasurer shall have custody of the
Commission's funds, shall pay its bills, shall keep its financial records and generally conduct the
financial affairs of the Commission. He/she shall be responsible for such other matters as shall
be delegated to himlher by the Commission. Orders, checks and drafts of the Commission shall
require the signature of the Secretary/ Treasurer. In conducting the Commission's financial
affairs, the Secretary/Treasurer shall, at all times, act in accordance with generally accepted
accounting principles. The Secretary/Treasurer's report, including any bills or claims to be acted
upon by the Commission, shall be distributed to all Directors at each Commission meeting. The
Commission shall have the option to mandate that the Commission bear the cost of theanv bond
or insurance so required. SaidAnv fidelity bond or other insurance shall cover all persons
authorized to handle funds of the Commission. Any persons may be engaged to perform such
800934vdoc
12
services under the Secretary/Treasurer's supervision and direction, when authorized by the
Commission.
Section 7.
Other Officers. The Commission may appoint such other officers as it
deems necessary. All such officers shall be Directors.
Section 8. Committees. The Commission may appoint such committees as it deems
necessary or desirable to accomplish its purposes.
ARTICLE X. MANAGERS' COMMITTEE
Section 1. Oualifications. The Managers' Committee shall consist of the
administrator or staff member Director appointed by each Member City.
Section 2. Authority. The Managers' Committee shall have the authority to manage
the property, affairs and business of the Commission between Commission meetings, to the
extent specifically delegated by the By-~aws or resolution of the Board, but at all times, shall be
subject to the control and direction of the Board.
Section 3. Meetings. The Managers' Committee shall meet as necessary at a time
and place to be determined by the Managers' Committee. Special meetings may be called by
any other two (2) members of the Managers' Committee or by the Commission. The date and
place of the special meeting shall be fixed by the person or persons calling it. At least seventy-
two (72) hours (from the time of mailing) advance written notice of a special meeting shall be
given to all members of the Managers' Committee by the person or persons calling the meeting.
The notice shall state the matters to be considered at the special meeting and only those matters
shall be considered at that meeting.
Section 4. Personnel. The Managers' Committee shall have authority to hire,
supervise and discharge full or part time employees but their compensation shall be within
800934vdoc
13
budget limitations. The Managers' Committee may make any required employer contributions
which local government units are authorized or required to make by law.
Section 5. Notices Excused. The provisions of Article VIII, Section 13, shall apply
to meetings of the Managers' Committee.
Section 6. Quorum and Manner of Action. The provisions of Article VIII, Section 9,
shall apply to meetings of the Managers' Committee.
ARTICLE XI.
FINANCIAL MATTERS
Section 1.
Section 2.
Fiscal Year. The fiscal year of the Commission shall be the calendar year.
Initial Contributions. An initial contribution of Two Thousand Five
Hundred Dollars ($2,500.00) shall be made to the Commission by each Member City at the time
it becomes a Member City.
Section 3. Contribution for Subsequent Years. Beginning in the calendar Year 2001
and for each year thereafter, each Member City shall contribute Two Thousand Five Hundred
and Noll 00 Dollars ($2,500.00). Budget amounts recruited in excess of this minimum amount
shall be paid by each Member City contributing. Each Member City shall contribute an amount
which bears the same ratio to the total budget as that Member City's franchise fees received for
the period ending August 31 of the year prior to the year for which such budget has been
prepared bears to the total franchise fees received for such prior period by all of the Member
Cities combined, or such other amount or ratio as is agreed to by all of the Directors by August 1
of the year prior to the year for which such budget has been prepared and approved by the
Council of each Member City. However, in any event, no Member City's contribution shall
exceed the franchise fees received in such prior year by such Member City.
800934vdoc
14
Section 4. Payment. Contributions, pursuant to Section 3, shall be due in full on each
January 15, or by such installment method as the Commission shall determine.
Section 5. Default. Contributions shall be due in full, or in accordance with an
installment plan, within thirty (30) days after the date of the billing statement from the
Commission. If payment has not been made within that time, a Member City will be in default.
The Commission may recover any contribution in default by a civil suit, and the defaulting
Member City, in such case, shall pay all costs of the suit, including reasonable attorneys' fees.
Section 6. Budget Process. A proposed budget shall be formulated and approved by
the Commission at the October Commission meeting each year. No budget shall become
effective unless approved by a majority of the Member Cities. If any Council approves a
proposed budget prior to notice having been received by its Directors of the withdrawal of any
Member City (which may be done by notice given prior to October 1 of any year), that approval
shall not be binding on that Member City, but that Council may reconsider such prior approval of
the budget. All parties shall endeavor to approve the proposed budget on or before December of
each year. If the budget is not approved, the Commission shall promptly formulate a revised
budget and submit it to the Member Cities for their review and approval. This process shall be
continued until a budget is approved. The Member Cities shall use their best efforts to approve a
budget for the then succeeding year by December 31 of each year.
Section 7. Expenditures. The Commission may expend its funds as it deems
necessary and appropriate pursuant to this Agreement.
Section 8. Audit. The Commission may At anv time. anv Member City mav reauire
an audit, review or undcrtake any other verification of ftsthe Commission's financial books and
records at such timc as thc Commission may direct. The Commission shall determine the
800934vdoc
15
annrooriate oeriod of time for such audit. review or other verification. A copy of any audit.
review or verification report shall be given to each Member City. The Commission's books and
records shall be available for and open to examination and copying by the Member Cities and
their respective representatives at all reasonable times.
ARTICLE XII.
WITHDRAWAL
Section 1. Withdrawal. Any Member City may withdraw from this Agreement
effective on January 1 of any year by giving notice pursuant to Section 2 of this Article prior to
October 1 of the preceding year.
Section 2. Notice. In order to effectuate a withdrawal, a Member City withdrawing
from the Commission shall give written notice to the Chair of the Commission, served personally
on the Chair or addressed to the Chair at the address shown on the records of the Commission,
and by giving with such notice a certified copy of a resolution of its Council stating its decision
to withdraw from the Commission. The withdrawal shall be effective upon actual receipt by the
Chair of such notice and resolution. The withdrawing Member City shall have the responsibility
for such actual receipt by the Chair. Upon receipt of such notice and resolution, the Chair of the
Commission shall forward a copy of the notice and resolution to each Director.
Section 3. Financial Effect of Withdrawal. No financial benefit shall inure to a
Member City that withdraws from this Commission nor shall there be any reimbursement for any
contribution made by the.withdrawn Member City.
ARTICLE XIII.
AMENDMENTS
Section 1. Amendments. This Agreement may be amended only by written
amendment entered into by all the then Member Cities to this Agreement in the same manner as
this Agreement is entered into pursuant to Article VI hereof.
800934vdoc
16
ARTICLE XlV.
DISSOLUTION
Section 1.
Duration of Commission. The Commission may continue for a term up to
and including the date the Franchises of the Member Cities expire. The Commission shall be
dissolved if less than four (4) Member Cities remain, or by operation of state or federal law or
regulation, now or hereafter enacted, or by mutual signed agreement of all of the Member Cities.
Section 2. Distribution of Assets. Upon dissolution of the Commission, all
remaining assets of the Commission, after payment of all obligations, shall be distributed among
the Member Cities that are Member Cities to the Agreement at the time of dissolution, in
proportion to their contributions and in accordance with procedures established by the
Commission. The Commission shall conti~ue to exist after dissolution for such period, no longer
than six (6) months, as is necessary to wind up its affairs, but for no other purposes.
ARTICLE XV.
PRIOR AGREEMENTS SUPERSEDED
This Agreement, when effective, supersedes all previous agreements between the
Member Cities hereto establishing a joint cable communications commission.
800934vdoc
17
IN WITNESS WHEREOF, the undersigned municipalities have caused this Agreement
to be signed on their behalf.
DATED:
By:
Its: Manager/Clerk
DATED:
By:
Its: Manager/Clerk
DATED:
By:
Its: Manager/Clerk
DATED:
By:
Its: Manager/Clerk
DATED:
By:
Its: Manager/Clerk
800934vdoc
CITY OF EDEN PRAIRIE, MINNESOTA
8080 Mitchell Road
Eden Prairie, MN 55344-4485
By:
Its: Mayor
CITY OF EDINA, MINNESOTA
4801 West 50th Street
Edina, MN 55424-1394
By:
Its: Mayor
CITY OF HOPKINS, MINNESOTA
1010 1 st Street South
Hopkins, MN 55343-7573
By:
Its: Mayor
CITY OF MINNETONKA, MINNESOTA
14600 Minnetonka Boulevard
Minnetonka, MN 55345
By:
Its: Mayor
CITY OF RICHFIELD, MINNESOTA
6700 Portland Avenue
Richfield, MN ~5423-2599
By:
Its: Mayor
18