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Cob��1j�. �3y�ET1NG <br />.,I 1J <br />TO: Mayor and City Council <br />FROM: Mark Bernhardsor�`►t' <br />DATE: July 5, 1985 <br />SUBJECT: Cable franchise Expenditure Report <br />As you may recall the City of Orono submitted to the Lake <br />Minnetonka Cable Commission a bill for all of its expenditures <br />related to the cable T.V. franchasing process from the time cable <br />was first considered by Orono until the franchise was finally <br />granted to Dow -Sat. This bill was submitted to the Commission for <br />consolidation back in August of 1984. On May 1, 1985 the <br />Commission took these consolidated bills and submitted them to <br />Dow -Sat for a consolidated bill of $49,@51.43. Dow - Sat <br />responded with a check for $42,713.82 indicating that the balance <br />of the bill was in dispute as there was some items specifically <br />from Orono and Minnetonka Beach which they felt were not <br />appropriately billed to them. In dispute are the monies that the <br />communities expended prior to the joint powers agreement for the <br />Lake Minnetonka Cable Communication being formed prior to which <br />Orono and Minnetonka Beach specifically had expended monies for <br />a needs assessment. <br />It is the apparent position of the Commission Board that they <br />will not accept this check and that Dow -Sat has either to submit <br />a check for that amount indicating that it is only a partial <br />payment and then negotiate with Orono and Minnetonka Beach <br />regarding the balance or payment of a check for the full amount. <br />On July 3rd I spoke with the representative from Dow -Sat who <br />indicated to me that they are willing to pay whatever the <br />appropriate amount is and will pay the balance to Orono and <br />Minnetonka Beach, if in fact that was part of the agreement. <br />The issue regarding these monies may not necessarily be so much <br />with Dow -Sat as it is a dispute between the memebers of the Cable <br />Commission. It has been and remains Orono's position that these <br />items were appropriately submitted and should be paid by Dow - <br />Sat. It is the contention however, of at least one member of the <br />Commission that Orono understood prior to entering into LMCCC, <br />which was a new joint powers formed from two previous joint <br />powers, all exper,litures by Orono up to that point would not be <br />part of the bill sent to the sucessful franchisee. <br />