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Resolution - 13-12 - Exclusive Agreement with LMCC• CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION 13-12 RESOLUTION IN SUPPORT OF EXCLUSIVE REPRESENTATION BY THE LAKE MINNETONKA COMMUNICATION COMMISSION IN CABLE TV FRANCHISE NEGOTIATIONS WHEREAS, the Lake Minnetonka Communications Commission provides the following valued services to the member cities within its Joint Powers Association (JPA): 1. Expertise in franchise negotiations. 2. Expertise in the production of public cable TV programming. 3. Enforcing the terms of the negotiated contract with Mediacom. 4. Dealing with resident complaints about Mediacom. WHEREAS, the city council of the City of Spring Park, Minnesota finds the following to be true: 1. Some LMCC member cities have been approached by Mediacom to negotiate separate cable TV franchise agreements. 2. Cities cannot in good faith have two separate franchise negotiations • proceeding at the same time. 3. The LMCC franchise renewal committee has asked for clarification as to what cities it is representing in their franchise negotiations. 4. The LMCC attorney and franchise committee will have better negotiating power if the majority of the cities stay in the JPA. 5. Some "underserved" member cities would like assurance that build -out of the cable TV system is an LMCC priority in franchise renewal negotiations. Some member cities have expressed interest in reorganizing the oversight structure of the LMCC and clarification regarding the procedure for withdrawal. NOW THEREFORE, BE IT RESOLVED that the city council of the City of Spring Park, Minnesota: 1. Authorizes exclusive representation by the Lake Minnetonka Communications Commission in 2013 cable TV franchise negotiations as long as similar resolution is approved by 50% of the LMCC member cities. 2. Supports that a priority in the franchise negotiations is to build out the underserved cities. 3. Requests that the LMCC board investigate and make recommendations to the member cities regarding other potential amendments to the Joint and Cooperative Agreement including • clarification of the procedure for withdrawal from the LMCC by member cities. • MAY IT BE FURTHER RESOLVED that the city council of the City of Spring Park, Minnesota directs the city clerk to email a copy of this resolution to the LMCC executive director for distribution to the LMCC board, and to the other LMCC JPA city administrators and mayors for consideration by their respective councils with the recommendation that this or a similar resolution be approved by March 31, 2013. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SPRING PARK THIS 4T" DAY OF MARCH, 2013. APPROVED: Sarah Reinhardt MAYOR ATTEST: Wendy Levin CITY CLERK n U