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<br />RESOLUTION NO. 2009-03 <br /> <br />AUTHORIZING THE EXECUTIVE DIRECTOR OF THE NORm METRO <br />TELECOMMUNICATIONS COMMISSION TO DRAW ON THE LETTER OF CREDIT <br />AND SETTING A HEARING FOR ANY WRITTEN OBJECTIONS <br /> <br />WHEREAS, the North Metro Telecommunications Commission (hereinafter the <br />"Commission") is a Joint Powers Commission organized pursuant to Minn. Stat. ~ 471.59, as <br />amended, and includes the municipalities of Blaine, Centerville, Circle Pines, Ham Lake, <br />Lexington, Lino Lakes and Spring Lake Park, Minnesota (hereinafter, col1ectively the "Member <br />Cities" or individually a "Member City"); and <br /> <br />WHEREAS, a Joint Powers Commission organized pursuant to Minn. Stat. ~ 471.59 has <br />the statutory authority to '~ointly or cooperatively exercise any power common to the contracting <br />parties;" and <br /> <br />WHEREAS, the Member Cities have awarded franchises to and entered into Franchise <br />Agreements/Ordinances with Com cast of Minnesota, Inc. and its predecessors in interest <br />(hereinafter, "Comcast"); and <br /> <br />WHEREAS, the definition of "the City" is defined under the Franchise <br />Agreements/Ordinances to include, among other entities, the lawfully appointed designee of the <br />Member Cities; and <br /> <br />WHEREAS, the Commission's authority under the Joint Powers Agreement entered into <br />by the Member Cities includes the power to administer and enforce the Franchise <br />Agreements/Ordinances, except for that authority and those tasks specifically retained by a <br />Member City; and <br /> <br />WHEREAS, the Commission may enforce and administer the Franchise <br />Agreements/Ordinances by conducting franchise fee reviews, as permitted by ~ 8.3.3 of the <br />Franchise Agreements/Ordinances; and <br /> <br />WHEREAS, the Commission is in the process of conducting a franchise fee review and <br />has retained Front Range Consulting, Inc. ("FRC") to analyze the accuracy of Comcast's <br />franchise fee payments for the period from January I, 2005, through and including December 31, <br />2006; and <br /> <br />WHEREAS, ~~ 8.3.3, 8.4 and 8.5.2 of the Franchise Agreements empower the <br />Commission to require Comcast to furnish reports, records and certifications necessary to <br />confirm the accurate payment of franchise fees to the Member Cities, including (but not limited <br />to) accounting and financial records; and <br /> <br />WHEREAS, the Commission issued a data request to Comcast on August 27, 2008 (the <br />"Data Request"), soliciting information that is necessary to conduct the ongoing franchise fee <br />review; and <br /> <br />P.31 <br />