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HomeMy WebLinkAboutORD228ORDINANCE NO.228 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE BY DELETING ARTICLE 2-9 AIRPORT COMMISSION,SECTIONS 2-9-1 THROUGH 2-9-8,AND INSERTING IN LIEU THEREOF ARTICLE 2-9 CABLE COMMUNICATIONS ADVISORY COMMISSION,SECTIONS 2-9-1 THROUGH 2-1-10; REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That Article 2-9 Airport Commission,Sections 2-9-1 through 2-9-8 be deleted from the Apache Junction City Code and that Article 2-9 Cable Communications Advisory Commission,Sections 2-9-1 through 2-9-10 be inserted in lieu thereof to read as follows: ARTICLE 2-9 CABLE COMMUNICATIONS ADVISORY COMMISSION Section 2-9-1 Section 2-9-2 Section 2-9-3 Section 2-9-4 Section 2-9-5 Section 2-9-6 Section 2-9-7 Section 2-9-8 Section 2-9-9 Section 2-9-10 Creation Membership and Terms of Office Salaries and Personal Expenses Officers Rules of Procedure Duties and Responsibilities Meetings Operating Expenses Removal of Members Vacancies Section 2-9-1 Creation There is hereby established a Cable Communications Advisory Commission, hereinafter referred to as "Commission",which shall act solely as an advisory body to the City Council and the City Manager to promote and develop optimal utilization of the Cable Communications System. Section 2-9-2 Membership and Terms of Office A.The City Council shall appoint three (3)members to the Commission as follows: 1.One (1)member shall represent public access,educational and institutional uses of the System. 2.The remaining two (2)members shall represent the community at large. B.Members shall initially be appointed for terms of office of one,two and three years respectively and shall hold office until their suc- cessors are appointed.Successors of such members shall be appointed for terms of three (3)years each. C.Neither licensee,nor any of its agents,servants,employees or their families,nor any of its subsidiary,parent or affiliate corporations or any of their agents,servants,employees or members of their families,nor any person with financial interest in the System shall be appointed as a member of the Commission. Ordinance No.228 Page One of Four Section 2-9-3 Salaries and Personal Expenses The members of the Commission shall receive no salaries or other remun- eration for their services in such capacity,and shall not be entitled to personal expenses incurred by them in the discharge of their official duties,except to the extent and purposes and amount such expense is first authorized and approved in advance by the city manager and,i f appropriate,the city council. Section 2-9-4 Officers A.The Commission shall elect its officers by a simple majority of the members of the Commission qualified to vote. 1.The officers so elected shall serve for a term of one (1)year. Thereafter annually,new officers shall be elected by Commission members and shall serve until their successors are elected. 2.A vacancy in any position of any officer of the Commission shall be filled by a vote of a simple majority of the members qualified to vote. Section 2-9-5 Rules of Procedure Any action to be taken by the Commission shall require the concurrence of a simple majority of the members of the Commission qualified to vote. Section 2-9-6 Duties and Responsibilities The Commission shall have the following specific functions: a.Advise the City Council and City Manager regarding general policy relating to the services provided to subscribers and users of the System by the Licensee. b.Make recommendations to the Licensee,through the City Manager, relating to services provided to subscribers and users of the System. c.Make.recommendations to users,through the City Manager, regarding utilization of the community service channels and the institutional network. d.Make recommendations to the City Manager and City Council. e.Provide advice to the City Manager regarding performance of the Licensee. f .Review and critique any plans submitted during the year by the Licensee for the development of new services. Submit an annual report to the City Council regarding all activities of the Commission during the reporting year. h.Maintain knowledge of current developments in cable and related communications technology. i .Submit a budget request to the City Council,through the City Manager,to cover expenses incurred with respect to the per- formance of the Commission's functions.This request may in- clude monies to be used for the development of community service channels,including production grants to users and the purchase and maintenance of equipment not required to be provided by the Licensee. g• Ordinance No.228 Page Two of Four Develop funding proposals and administer any grant funds obtained by the City and as approved by the Council for the ongoing development of cable communications in the City. k.Perform such other duties as requested by the City Council and the City Manager. Section 2-9-7 Meetings The Commission shall establish a regular meeting day and time and shall meet at least once every month.All meetings of the Commission shall be held in accordance with Arizona Revised Statutes 38-431,et.seq. Section 2-9-8 Operating Expenses All operating costs of the Commission shall be paid out of revenues derived from cable communications license fees. Section 2-9-9 Removal of Members Members of the Commission serve at the pleasure of the City Council and may be removed by the Mayor with the concurrence of the City Council.A member shall not be absent from more than three (3)consecutive meetings. After the absence from three (3)consecutive meetings,the remaining members of the Commission shall vote to retain or recommend to the City Council that the absentee member be relieved of.his duties on the Commission. Section 2-9-10 Vacancies Vacancies shall be filled in accordance with Section 2-9-2 by the City Council for the unexpired term of the member affected. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with:the provisions of this ordinance or any part of the Code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,clause,phrase or portion of this ordinance or any part of the Code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 15TH DAY OF NOVEMBER ,19 83 . Ordinance No.228 Page Three of Four WENDELL J.CL KE Mayor ATTEST: j oe h ele KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: AP;d1t aC iAVF.A XAN City Attorney Ordinance No.228 Page Four of Four