HomeMy WebLinkAbout023476 ORD - 11/10/1998AN ORDINANCE
AMENDING SECTION 2-184 OF THE CORPUS CHRISTI CITY CODE OF
ORDINANCES TO DELETE RULES WHICH PROHIBIT POLITICAL
ADVERTISING ON THE PUBLIC ACCESS CHANNEL; PROVIDING FOR
SEVERABILITY; EFFECTIVE UPON PUBLICATION; AND PROVIDING
FOR PUBLICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances of the City of Corpus Christi is hereby amended
to read as follows:
Sec. 2-184. Public access channel.
(a) It shall be a violation of the public access channel operating rules:
(1) For any program cablecast on the public access channel to contain any
advertising material designed to promote the transfer of commercial products or
services for consideration;
(2) Fer any program cablccast on the public access channel to contain any
advertising by or on behalf of candidates f r public office;
(3) (2) For any program cablecast on the public access channel to contain any
lottery information. A "lottery" shall be defined as any activity or enterprise offering
prizes the award of which is dependent in whole or in part upon lot or chance;
(4)(3) For any program cablecast on the public access channel to contain obscene
or indecent material. The term "obscene" shall have the meaning stated in section
43.21(a) of the Texas Penal Code; and
(5) a For the user of the public access channel to fail to comply with TCI
Cablevision of Texas, Inc.'s ("TCI") public access channel rules and procedures.
Such rules govem topics including, but not limited to reservation of program time
slots, program scheduling; reservation and use of TCI equipment and studio facilities,
and program technical standards.
For purposes of the public access channel operating rules, a " user" of the public access
channel shall include an individual who submits programs for cablecast on the public access
channel or who utilizes TCI equipment or facilities to produce programs for cablecast on the
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October 15, 1998
023476
public access channel. "User" shall also include any group, organization or entity which an
individual user represents.
The commission is authorized to promulgate rules and guidelines and render advisory
opinions clarifying the above rules for users.
(b) For violations of the public access channel operating rules, each user of the public access
channel shall be ineligible to use the public access channel for the following time periods,
and otherwise subject to discipline, as follows:
(1) For the first adjudicated violation of the operating rules, TCI shall issue a
notification letter (hereinafter defined) to each user involved. The letter shall identify
any violations; and
(2) If a second adjudicated violation of the operating rules occurs within twelve (12)
months after the first adjudicated violation of the operating rules, then TCI shall issue
a notification letter to each user involved. The letter shall identify any violations and
shall impose a thirty (30) day suspension upon each user involved. During this time
period, each user shall be ineligible to use the public access channel; and
(3) If a third adjudicated violation of the operating rules occurs within twelve (12)
months after the first adjudicated violation of the operating rules, then TCI shall issue
a notification letter to each user involved. The letter shall identify any violations and
shall impose a one (1) year suspension upon each user involved. During this time
period, each user shall be ineligible to use the public access channel.
(c) Neither multiple cablecasts of a single program nor multiple violations of these rules in
a single program shall form the basis for more than one adjudicated violation of these rules.
(d) TCI may receive complaints concerning violations of the public access channel operating
rules from the city, the commission, or current TCI subscribers of Corpus Christi.
Additionally, TCI may initiate the complaint process itself.
(e) TCI shall receive and investigate complaints concerning violations of the public access
channel operating rules. If the operating rules have been violated, TCI will mail written
notice (the "notification letter") of the results of the investigation to the use. (The notification
letter shall be sent to both the individual user and the group, organization or entity which an
individual purports to represent, via certified mail, return receipt requested, to the address
provided in the application.)
The notification letter shall specify the penalties imposed. Periods of ineligibility to use the
public access channel shall commence and removal of a program from the public access
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October 15. 1998
channel shall occur after the later of: (a) the Last day on which a user may timely commence
an appeal of a decision specified in a notification letter; or (b) the date an appeal is
concluded. A program finally determined to be in violation cannot be transmitted again until
edited to remove the violation.
(0 A user may appeal a decision specified in a notification letter by physically delivering to
TCI a written notice of appeal on or before eight (8) calendar days after the notification letter
is mailed. The notice of appeal ("notice of appeal") shall state the grounds for appeal. Failure
to appeal timely constitutes an adjudication of violation. All notification letters shall state
the date by which an appeal must be received. TCI shall immediately deliver the appeal to
the commission.
(g) The commission shall promptly set the appeal for hearing. The appellant shall have at
least three (3) calendar days' notice of the hearing. TCI, the city, and the appellant may
present evidence. The commission shall promptly render its decision. In deciding any appeal,
the commission may impose civil penalties in accordance with these rules. The commission
shall not have jurisdiction to vary civil penalty durations on a case-by-case basis.
(h) Appeals of commission decisions may be made to the city council in accordance with the
procedures specified in the city charter and the Corpus Christi Code.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this resolution shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not effect any other section, paragraph, subdivision, clause, phrase,
word or provision of this resolution. It is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for
its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi. The ordinance will take effect
upon publication.
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October 15. 1998
ThanhG foL(f Vgoing ordinanceAvas read for the first time and passed to its second reading on this th
of U , 19 y� b the followin vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Alex L. Garcia, Jr.
Dr. Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
Day
;LSI the for going ordinarw was read for the second time and passed finally on this the _thik day of
19 Ln by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Alex L. Garcia, Jr.
Dr. Arnold Gonzales
PASSED AND APPROVED, this the ojiday of 41 i111C//(-CJ(J`v , 19t.
ATTEST:
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
City Secretary
APPROVED: i 5 DAY OF CC- F. ti
JAMES R. BRAY, JR., CITY ATTORNEY
By:
/ 2D .�Z volt L
Lisa Aguilar
Assistant City Attorney
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October 15. 1998
MAYOR
THE CITY OF CORP S CHRISTI
023476
State of Texas
County of Nueces
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PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
ss: Ad # 2487307
PO #
Before me, the undersigned, a Notary Public, this day personally carne Darrell
G. Coleman, who being first duly sworn, according to law, says that he is Vice -
President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily
newspaper published at Corpus Christi in said City and State, generally
circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes,
Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb
Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE
NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller -
Times and on the World Wide Web on the Caller -Times Interactive on the 16TH
day(s) of NOVEMBER, 1998.
TWO (2 ) Time(s)
Vice -President and Chief Financial Officer
Corpus Christi Caller -Times, Monday, November 16, 1998/
$37.90
11111
LEGAL
NOTICES
NOTICE OF PASSAGE
OF ORDINANCE NO.
023476
Amending Section 2-184
of the Corpus Christi City
Code of Ordinances to
delete rules which
prohibit political
advertising on the public
access channel. This
ordinance was passed
and approved by the City
Council of the City of
Corpus Christi on
November 10, 1998.
/s/Armando Chapa
City Secretary
City of Corpus Christi
Subscribed and sworn to me on the date of
NOVEMBER 17, 1998.
OLA_
Notary Public, Nueces County, Texas
CONNIE HARALSON
Print or Type Name of Notary Public
My commission expires on 5/14/01.