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<br />. <br /> <br />. <br /> <br />. <br /> <br />RESOLUTION NO. 88-98 <br />CITY OF Elk River <br />STATE OF MINNESOTA <br /> <br />RESOLUTION AMENDING BY SUBSTITUTION ARTICLE VI, SECTION 1 <br />AND ARTICLE X, SECTION 3 OF THE SHERBURNE/WRIGHT COUNTY. CABLE <br />COMMISSION JOINT AND COOPERATIVE AGREEMENT FOR THE ADMINISTRATION <br />OF A CABLE COMMUNICATIONS SYSTEM. <br /> <br />WHEREAS, The City of Elk River , (hereinafter <br />"City") is an existing member of the Sherburne/Wright County <br />Cable Commission (hereinafter "Commission"); and <br /> <br />WHEREAS, the Commission has made recommended amendments <br />to the Joint and Cooperative Agreement for the Administration <br />of a Cable Communications System (hereinafter "Agreement") re- <br />lating to the voting structure of the Commission and the finan- <br />cial contributions of the Members; and <br /> <br />WHEREAS, the City believes it to be in its best interest <br />to amend the Agreement as recommended by Commission; <br /> <br />THEREFORE, BE IT RESOLVED, that the City Council of the <br />City of Elk River amends by substitution the existing <br />Agreement as follows: <br /> <br />1. Article VI, Section 1, is amended in its entirety <br />as follows: <br /> <br />Section 1. Each Member shall be entitled to one (1) <br />director to represent it on the Commission. Each director <br />is entitled to vote in direct proportion to the percent <br />of annual revenues attributable in the municipality repre- <br />sented by the director to the total annual revenues of <br />the system for the prior year rounded to the nearest whole <br />number; provided, however, that each director shall have . <br />at least one vote. For purposes of this section, the annual <br />revenues for each Member and the total annual system revenues <br />as of December 31 of each year shall be determined by the <br />records of the cable operator filed with the Commission <br />with the annual Franchise Fee. Prior to the first Commission <br />meeting in March of each year, the Secretary of the Commission <br />shall determine the number of votes for each Member in <br />accordance with this section and certify the results to <br />the Chair. <br /> <br />2. Article X, Section 3 is amended in its entirety as <br />follows: <br /> <br />'" <br />