The URL can be used to link to this page

Home My WebLink About026632 ORD - 01/31/2006AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2 REGARDING CABLE COMMUNICATIONS COMMISSION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Sections 2 -181 through 2 -184 of the City Code of Ordinances are amended to read as follows: "Sec. 2 -180. Establishment. There is hereby created a ' - _ _ •• •• : - Cable Communications Commission for the city. The ' . • _ _ •• •• e - Cable communications Commission shall consist of five (5) residents of the city appointed by the city council City Council. No person or employee with ownership interest in a cable communications franchise granted by the city City Council shall be eligible for membership on the commission. Each commission member shall be at the time of appointment, or shall subecriber- o a is encouraged to have access to local cable communications system programming • e e'- _ _ _ _ - Sec. 2 -181. Membership and organization. (a) All members of the _ _ •• -• e - Cable Communications Commission shall serve for three -year terms or until their successors are appointed and qualified. Terms shall expire July 27 each year. (b) Immediately upon organization of the Cable Communications Commission, the commission shall select from its membership a chairperson and vice - chairperson whose terms shall be one year. Such chairperson and vice - chairperson may be reappointed and re- elected. The commission shall meet in regular monthly meetings. to include four evening meetings, at the call of the chairperson, and at such other times as may be provided by its rules. The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the commission. All meetings of the sable • Cable Communications Commission shall be public except for matters which qualify for a closed session in accordance with state law. The minutes of said ' - _ _ • •• : - Cable Communications Commission shall be available for examination in the office of the city secretary during regular business hours. The members of the commission shall serve without compensation. Sec 2 -182 Duties. . anuary 2006 CCC ordinance amendments DOC 2f 32 The the following powers and duties: 2 Cable Communications Commission shall have (1) To advise the city council City Council on adherence to the provisions of any franchise agreement approved by the city council City Council and recommend regulations not inconsistent with the terms of such franchise. (2) To encourage, develop and promote the use of access channels to cable communications and to assure that access channels offer a diversity of programming and services to subscribers. (3) To work with access user groups to develop rules and regulations which are not in conflict with the terms of the franchise agreement. (4) To develop sources of funding, including but not limited to private foundation or federal or state grants to further community programming. (5) To conduct evaluations of the cable system and to review and audit reports submitted to the city by a franchisee. (6) Report annually to the councii City Council in writing giving a comprehensive and current view of the cable communications in the city and recommending any appropriate actions including amendments to the ordinance or franchise agreement. (7) To advise the City Council on future applications for franchises. (8) To acquaint itself with technological and service developments in the cable communications industry and determine with the franchisee what system enhancements should be pursued in maximizing benefits to be derived for the community. (9) To certify access user see -nits groups, and reporting such certification to the city secretary (10) To ensure that public access producers comply with the Rules and Procedures for Public Access Cablecastinq established in the Master Cable Services Regulatory Ordinance approved by City Council in 2002, as amended. (11) access channcls. (12) (11) To resolve disputes concerning program content, allocation of access funding, channel space, and channel time. (12) To coordinate access activities of access users and user councils groups. Sec. 2 -183. Access user councils groups. JANUARY 2006 CCC ORDINANCE AMENDMENTS DOC 3 (a) One (1) access user council group may be established for governmental channel access, or educational channel access, : • - _ _ _ ' _ - _ . _ access, . Each public access channel respectively, must establish an access user group. All user groups, by application to the _ _ - ••• : • Cable Communications Commission chairperson and the city secretary must be certified by the - -- - - - -- -- - .... - _ : -- • -' ' : • Cable Communications Commission. Upon certification, an access user council group shall have the following duties and responsibilities: (1) To establish follow guidelines, rules and regulations for the use of applicable access channels, subject to approval by the _ _ : - _ : -• -• _ -' _ _ - Cable Communications Commission. Public access producers must establish an access user group for each public access channel and follow the Rules and Procedures for Public Access Cablecastinq as established in the Master Cable Services Regulatory Ordinance approved by City Council in 2002, as amended. (2) To coordinate allocation of channel time and channel space for programming produced by users. (3) To coordinate training of individual access users in television production methods and techniques. (4) To report to the . . - _ - Cable Communications Commission on the utilization of access channel space and access channel programming. (5) To promote public awareness, use, and viewership of access television programming and actively seek additional membership from among individuals or groups in the access user council's group's area of interest. (6) To administer guidelines, rules and regulations for use of the appropriate access channels (7) To review program content to ensure compliance with established laws, rules and regulations. (8) To establish its own bylaws concerning organization and decision making within the access user council group. A copy of such bylaws shall be submitted with the access user council's group's application for certification. Changes to such bylaws shall be filed with the chairman of the . - • : - Cable Communications Commission and the city secretary City Secretary within thirty (30) days after any change occurs. (b) Membership on the access user councils groups may be composed of any individuals who are residents of Corpus Christi as well as representatives of various community, public interest or neighborhood groups which are located in Corpus Christi. Membership may also include, as appropriate, representatives of: (i) city departments; (ii) governmental entities. (iii) public institutions of higher learning; (iv) public JANUARY 2006 CCC ORDINANCE AMENDMENTS.DOC 4 independent school districts; or (v) religious organizations, all as more particularly described in subsection (c). All meetings of access user councils groups shall be publicly posted on the public notices bulletin board of city hall and filed with the city secretary City Secretary. Furthermore, all meetings of access user councils groups will be open to the public. (c) The access user se6i4s groups should include, but not be limited to, the following: (1) Governmental access sesil group. Membership may include interested city department heads, or their designated representatives, and representatives of any governmental entity whose boundaries lie within the city limits. (2) Higher educational access ceunci4 group. Membership may include representatives of all public institutions of higher learning conducting classes within the city limits. (3) Other educational access council- group. Membership may include representatives of all public independent school districts located in whole or in part within the city limits. (4) Reserved. (5) Public access council group. Membership may include any individuals who are residents of Corpus Christi as well as representatives of community, public interest, or neighborhood groups which are located in Corpus Christi. Notwithstanding any other provision of this section. representatives of franchised cable operators may be members of the public access council group. (d) Access user councils groups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance 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. JANUARY 2006 CCC ORDINANCE AMENDMENTS.DOC That the foregoing ordinance was re reading on this the ,day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly for the first time and passed to its second , 2006, by the following vote: John E. Marez Rex A. Kinnison Jesse Noyola Mark Scott 5 That the foregoing ordinance was read for the second time and passed finally on this the 3154-- day of , 2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John E. Marez Melody Cooper Jesse Noyola Jerry Garcia Mark Scott Bill Kelly PASSED AND APPROVED, this the 3 i s�day of ATTEST: Armando Chapa City Secretary APPROVED: - Lisa Aguilar Assistant City Attorney for City Attorney January 2006 CCC ordinance amendments DOC , 2006 He ry Garrett Mayor 0232 EFFECTIVE DATE 2-/(0/0 r State of Texas Count` of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss Ad # 5403073 PO# Before me, the undersigned. a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR 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 Patrick), 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 6TH day(s) of FEBRUARY, 2006. $78.79 SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of FEBRUARY 07, 2006. 1 Notary Public, Nu tes County, Texas Michelle Cabrera Print or Type Name of Notary Public My c • I rruaSiQra expires on March 19 2008. MICHELLE JOYCE CABRERA MY GOMMIUUIi» Itl(i'IF1 3 M �, ; 10F'_._rusty 2006.CAt.tE#t -T1 OF ;:.NO. Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 Ie Cable Cornmunfc Commission. This and v Cwfndt ot�City Christi on its secorif . uary 31r .. /s/ Annul* c i 1 a City amenotary , City of Co ni