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HomeMy WebLinkAboutOrdinance No. 97-998 ORII INAL CITY OF THE COLONY, TEXAS ORDINANCE NO. 97-998 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING CHAPTER OF THE CODE OF ORDINANCES OF THE CITY BY ADDING A NEW SECTION PROVIDING FOR THE CREATION OF A TELECOMMUNICATIONS ADVISORY BOARD; ESTABLISHING THE DUTlES AND PROCEDURES OF THE BOARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, recent legislation has encouraged an increase in telecommunications competition, as follows: (1) in 1995, the Texas Legislature enacted article 1446-0, the Public Utility Regulatory Act of 1995 (the "PURA") which has, as one of its purposes, to "promote diversity of [telecommunications] providers and interconnectivity and to encourage a fully competitive telecommunications marketplace... "; and (2) several months later, Congress enacted the Federal Telecommunications Act of 1996 (the" 1996 Telecommunications Act"), which Act was also designed to remove regulatory barriers and encourage competition in the telecommunications industry; and WHEREAS, such increased competition has brought significant changes to the telecommunications industry, including an increase in the number of providers of all kinds of telecommunications services, including telephone and cable television service; and WHEREAS, with respect to cable television, federal law (47 U.S.C. §53 l(b)) provides that a cable television franchising authority may require rules and procedures for the use of channel capacity allocated for public, educational, or governmental ("PEG") use; and WHEREAS, cable television Channel 6 is a PEG channel operated by the City of The Colony, Texas (the "City") pursuant to its franchise agreement with TCI Cablevision; and WHEREAS, considering the changing nature of the telecommunications industry and in order to provide assistance in the analysis and review of the provision of telecommunications services within the City, including the operation of PEG cable television channels by the City, the City Council desires to establish a Telecommunications Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. The Code of Ordinances of the City is hereby amended in the following particulars, and all other chapters, sections, subsections, paragraphs, sentences, phrases and words of the Code are not amended but are hereby ratified, verified, approved and affirmed: A. Chapter 2 ("Administration") is hereby amended by Article II ("Boards and Commissions") thereof by adding a new Division 1 relating to a Telecommunications Advisory Board Article to read as follows: "DIVISION 1. Telecommunications Advisory Board. Sec. 2-201. Telecommunications Advisory Board; Membership. There is hereby created the Telecommunications Advisory Board (the "Board"). The Board shall consist of seven (7) members appointed by the City Council. Four (4) of the members shall serve an initial term of two (2) years, and three (3) of the members shall serve an initial term of one (1) year. Thereafter each term will be two (2) years. Membership on the Board shall be in accordance with the following: A. Members shall be qualified voters of the City and reside within the City. B. Members shall serve without compensation, but may be reimbursed for actual expenses as approved by the City Council. C. A vacancy on the Board shall be filled by the City Council within 60 days after the date of the vacancy. D. If a replacement has not qualified upon the expiration of a member's term then that member shall continue his membership until replaced. E. The Board shall annually elect a Chairman, Vice-Chairman, and Secretary. Chairman: The Chairman shall preside over meetings and shall be entitled to vote upon each issue. Vice-Chairman: The Vice-Chairman shall assist the Chairman in directing the affairs of the Board. In the absence of the Chairman, the Vice-Chairman shall assume all duties of the Chairman. Secretary: The Secretary shall keep the minutes of all meetings and in the Secretary's absence, the Chairman shall designate another member to act as Secretary. The Secretary shall submit a written report of all proceedings of the Board to the City Council no more than five (5) weeks following each meeting. The Secretary shall provide for reading by the members of the Board once a year, at the first regular meeting following the appointment of officers, a copy of this Division. The Secretary may accept the assistance of City personnel in taking and transcribing minutes, when available, but shall sign such minutes before presenting same to the Board for approval. F. Absence from three consecutive regular meetings without explanation acceptable to a majority of the Board shall be deemed to constitute the retirement of that member and a vacancy on the Board shall thereby be created. The vacancy shall be filled by the City Council within 60 days following the date the vacancy was created. G. Members shall serve at the pleasure and discretion of the City Council and may be removed for any reason at the discretion of the City Council. Sec. 2-202. Powers and Duties. The Board shall have the following powers and perform the following duties: A. The Board shall act solely in an advisory capacity to the City Staffand the City Council in all matters pertaining to the telecommunications and the use of Channel 6 or other PEG channels; and shall consult with and advise the City Staffand City Council from time to time as to the present and future telecommunications issues and the operation, planning, and use policies of Channel 6 or other PEG channels. B. The Board shall develop, for the City Council's review and approval, the rules, regulations and policies concerning the use of Channel 6 and other PEG channels by the City. C. The Board shall make any other recommendations to the City Council regarding telecommunications and the use of Channel 6 (and other PEG channels) that it considers advisable. D. The Board may solicit for the City, gifts, revenues, bequests, or endowments of money or property as donations or grants from persons, finns or corporations, subject to the guidance, approval, and acceptance by the City Council. E. The Board may, from time to time, recommend to the City Council amendments or changes to this Division. F. The Board, through its Chairman, shall make both an oral and written report quarterly to the City Council concerning its activities during the past quarter and its proposals for the coming quarter. G. The Board's authority shall not extend to the direction, supervision, employment, or termination of employees of the City. No supervisory power of the Board is created by this Division. H. The Board will review the proposed cable television budget and make any recommendations to the City Council it deems necessary. However, the Board is not authorized to add, delete or change in any way the budget as prepared by the City Staff and City Council. I. The Board does not have the power to obligate the City for any funds or expenditures or incur any debt on behalf of' the City. J. All powers and duties prescribed and delegated herein are delegated to the Board as a unit and all action hereunder shall be of the Board acting as a whole. No action of an individual member is authorized except through the Board or City Council. Sec. 2-203. Procedure. The Board shall conduct its meetings in accordance with the following: A. Meetings (1) Regular Meetings. The Board shall establish the regular meeting place which shall be a public place with public notice as prescribed by law. (2) Special Meetings. Special meetings may be called by the Chairman or by written request sent to the Chairman or Vice Chairman by three (3) members of the Board. (3) All meetings shall be open to the public in accordance with applicable law. (4) A majority of the Board shall constitute a quorum. B. Voting All questions presented for vote of the Board shall be decided by a simple majority of those members present. Only those members present can vote. Section 2. Savings. This Ordinance shall be cumulative of all other ordinances of the City affecting the City's cable television and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 3. Effective date. This Ordinance shall become effective from and after its date of passage as provided by law. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 20t~ day of October, 1997. ATTEST: Patti A. Hicks, TRMC, City Secetary APPROVED AS TO FORM: