HomeMy WebLinkAboutOrdinance 3549 FILED Fr
* - ,4 RECORD
'91 JUN 13
ORDINANCE NO . 3549 RR 16152
WASHINCTCN CO AR
AN ORDINANCE CREATING THE FAYETTEVILLE CABULILMEYER
Board ; ESTABLISHING THE COMPOSITION , OFFICERS ,
STAFFING , PROCEDURES AND DUTIES OF THE Board ;
PROVIDING FOR AN APPEAL OF CERTAIN DECISIONS
TO THE CITY BOARD OF DIRECTORS ; AND RE ^
CONSIDERATION OF FAYETTEVILLE SCHOOL Ea OFI.L MED
NEEDS . dJ
WHEREAS , Ordinance No . 3413 approved a franchise agreement
with Warner Cable Communications , Inc . to provide cable TV
transmission for the citizens of Fayetteville , Arkansas ; and
WHEREAS , under the terms and conditions of the franchise
agreement the city is given , among other responsibilities , the duty
to regulate channels for public , educational and governmental
access ; and
WHEREAS , the Board of Directors of the City of Fayetteville ,
Arkansas desire to establish a board to advise them regarding
issues effecting cable TV franchises , the future administration of
the Fayetteville cable TV franchise , and the regulation of access
channels :
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . Purpose and Intent . It is the purpose and
intent of the Board of Directors of the City of Fayetteville to
establish a standing body to advise the Board on cable television
issues and to coordinate and oversee use of the access channels
designated for public , educational , and governmental use on any
cable system serving the City of Fayetteville .
Section 2 . Creation and Composition . There . ;is hereby
created and established the Fayetteville Cable Board ( hereinafter
" the Board " ) , which shall consist of five members appointed by the
City Board . Members shall be residents of the City and shall have
resided therein for at least six months prior to their appointment .
The term of office for members shall be two years . However , two of
the Board ' s initial members shall serve only one year , so as to
provide for staggered membership terms . Upon making the initial
appointments to the Board , the City Board shall conduct a drawing
to determine the two members who will serve one-year terms .
Vacancies in an unexpired term shall be filled by the City Board
for the remainder of the term .
Any person who serves two consecutive terms on the Board shall
not be eligible for reappointment until one term of office has
expired , unless there are an insufficient number of qualified
applicants to fill all vacancies .
FIBER 1`-19PAG[ 271
Section 3 , Officers . The Board shall elect from its
members a chairperson , who shall serve a one-year term and shall be
eligible for re-election to a subsequent term or terms . Further ,
the Board may elect such additional officers and establish any
committees as it deems necessary for the proper performance of its
duties .
Section 4 . Staff Support . The City Manager shall
designate a City employee to assist the Board in performing its
duties and carrying out its responsibilities under this ordinance .
Section 5 . Procedures .
( a ) the Board shall meet at least once each month and
may meet more frequently if necessary to carry out its
duties . Three members shall constitute a quorum .
( b ) the Board shall establish rules and regulations
governing its procedures .
( c ) the Board ' s meetings and records shall be subject to
the provisions of the Arkansas Freedom of Information
Act , Ark , Code Ann . § § 25- 19-101 et seq .
Section 6 . Duties ,
( a ) the Board shall advise the City Board and make
recommendations on cable-related issues , including but
not limited to the following :
( 1 ) Use and administration of cable channels
designated for public , educational , and
governmental access ;
( 2 ) Establishment and use of the City ' s access
facility ;
( 3 ) Any reports submitted to the City by a cable
operator , access channel user , or other entities
regarding cable-related matters ;
( 4 ) Funding for public , education , and
governmental access operations ;
( 5 ) Performance of any cable operator serving the
City , with regard to rates , customer service ,
technical standards , programming , and requirements
of the applicable franchise agreement ; and
( 6 ) Renewal of any franchise agreement between a
cable operator and the City .
( b ) Further , the Board shall have the following duties
and responsibilities :
UEEP1419PAGE272
( 1 ) Oversee the construction of and administer the
City ' s access facility ;
( 2 ) Administer any cable channels designated for
public , education , or governmental access , unless
the City Board enters into a contract with another
entity or institution for such administration ;
( 3 ) Oversee operations of any access channel
administered by another entity or institution under
contract with the City ;
( 4 ) To the extent permissible by law , resolve
disputes concerning program content on access
channels ;
( 5 ) Promote public awareness , use , and viewership
of access channels ; and
( c ) The Board shall have authority to promulgate such
guidelines and regulations as are necessary to carry out
the duties and responsibilities set forth in this
section .
Section 7 , Appeal Decisions of the Board made pursuant
to Section 4 ( b ) ( 1 ) - ( 4 ) may be appealed to the City Board within ten
days of such decision by_ any person aggrieved thereby . All other
decisions of the Board shill be final .
Sect ' 8. i. �r:' -Recocinizing the desire of the Fayetteville
Scnobl �S`,'S 4 n '° toy �, parti:c pate in access programming despite a
present inab,�,Xi�y,.to , mapage- an access channel . the Board shall take
into cb"nsidert�ipn;,tk�e needs - of the Fayetteville School System , if
any , ,,; ` any 3i channek tfit "Ma administer or any contract it may
No
negotiate; fgr$Lthffe fadminiistretion of access_ channels . - -
Sectiom 9 11.1 ,S4;4erability . The sections , paragraphs ,
sentences, phrases , and . clauses of this ordinance are severable ,
and should any section , paragraph , sentence , phrase , or clause be
declared unconstitutional by the lawful decree of any court of
competent jurisdiction , such unconstitutionality shall not affect
any other portion of this ordinance .
PASSED AND APPROVED this 21st day of May , 1991 .
APPROVED :
' •• By :
Mayor
ATTEST :
By :
City C rk ;
LIBER1419PAGE273
Alma Kollmeyer, Circuit Clerk and
b-officio Recorder for Washf,g on County,
ARorWs, do hereby comfy +her this In-
prument was fil_d for raccrd in my office
W Indicated F.creon and fi, ;oma is now
duly raccrdcd with t'.c crknr r!cdgument
and cen:iico•_ rh:rearm ^ccord 3oek and //••v'r���ppnTnii+�?� AA rree�ne} xa
Page n. i.irf 'c t; '. I!.r .pn• VERTMCATE 1r
IN 1'/17; ;p};.o�JF, I have h O F+F.CO�
be' my hand end affixed the seal of sold
State of Ar6tinsa ( �
Court on the dote indicated hereon. Cityy of Fayetteville
Alma Kollmayar I, Sh�'y Thoma, City Cierk and Ex-
Circuit Clerk and Officio recorder for the City of
Fayetteville„ do 6ereb certify that the
Fx-officio Recorder annexed or breaoin�
office and We same record in my
by appears in
Ordinance dr: Resolution book
99/ �x2at
lane
aanpage o Witness my hand8ea1ro
tyCler
Ez-Officio Rug.:•tie:
ORDINANCE NO. 3648
AN ORDINANCE CREATING
THE FAYETTEVILLE CABLE
BOARD: ESTABLISHING
THE COMPOSITION, OF-
FICERS, STAFFING. PRO-
CEDURES AND DUTIES OF
THE BOARD: PROVIDING
FOR AN APPEAL OF CER-
TAIN DECISIONS TO THE
CITY BOARD OF DIREC-
TORS: AND REQUIRING
CONSIDERATION OF FAY-
ETTEVILLE SCHOOL SYS-
TEM NEEDS.
WHEREAS, Ordinance No.
3413 approved a franchise
agreement with Warner
Cable Communications, Inc.
to provide cable TV trans-
mission for the citizens of
Fayetteville, Arkansas: and
WHEREAS . under the;
terms and conditions of the
franchise agreement the
city is given, among other
responsibilities, the duty to
regulate channels for public,
educational and governmen-
tal access: and
WHEREAS, the Board of Di-
rectors of the City of Fayet-
teville. Arkansas desire to
establish a board to advise
them regarding,ssues of-
fecting cable TV franchises,
the future administration of,
the Fayetteville cable TVI
franchise. and the regula-
tion of access channels:
NOW, THEREFORE. BE IT'
ORDAINED BY THE !
BOARD OF DIRECTORS OF
THE CITY OF FAYETTE-
VILLE, ARKANSAS:
Section 1 . Purpose and In-'
tent. It is the purpose send
intent of the Board of Di-
rectors of the City of Fayet-
teville to establish a stand-
ing body to advise the
14'egal Notices 204-Legal Notices STATE of ARKANSAS 1
Board' on cable television (3) Any reports submitted J} 69.
issues and to coordinate to the City by a cable drier- County of Washington
and oversee use of the ac star, access channel user,
cess channels designated or other entitles regarding ,
for .public.: educational, and cable-related matters; 0a
governmental use on any (4) Funding for public, 4 hereby certify that I
cable system serving the education. and govemmen- am the publisher 4t THE NORTHWEST AR ANSASTIMES, a daily newspaper
City of Fayetteville. Cal amass operations;
Section 2. - creation and (5) Performance of any having a second class mailing privilege, and being not less than four pages of
Composition. There is Cable operator serving the five columns each, published at a fixed place of business and at a fixed (daily)
hereby creatod and eatab- City, with regard to rates.
lished the Fayetteville Cable customer service. technical Intervals continuously in the City of Fayetteville, County of Washington, Arkansas
Board (hereinafter -the standards, programming. for more than a period of twelve months, circulated and distributed from an
Board-), which shall consist and requirements of the established lace of business to subscribers and readers generally of all classes
of five members appointed applicable franchise agree- P g y
by the City Board. Mem- mens; and in the City and County for a definite price for each copy, or a fixed price per
bars shall be residents of (e) Renewal of any annum, which price was fixed at what Is considered the value of the publication,
the City and shall have re- franchise agreement be-
sided therein for in least six tween a Cable operator and based upon the news value and service value it contains, that at least fifty percent
months prior to their ap- the City. of the subscribers thereto have paid cash for their subscriptions to the newspaper
pointment. The tem, of of- (b) Further, the Board its ts a ants or through recognized news dealers over a
fife for members shall be shall have the following du- g g g period of at least six
two years. However. two of ties and responsi Bides: months; and that the said newspaper publishes an average of more than forty
the Board's initial members (1) Oversee the construct percent news matter.
shall some only one year, tion of and administer the
so as to provide for stag- Crtya amass facility;
gored membership terms. (2) ' Administer any Cable I further certify that the legal notice hereto attached in the matter of
upon making the initial ap- chenp'els designated for
the titan o no the Board, meat eaccess, unless
govern-
the City Board shell conduct
the mental access, unless tha /I,(I j�`//f��
t drawing to rs who the City Board enters into e ( [iyt QiYL, pp� 21)
two members . who will nt with another entity
/
some one-year terms. Veor institution for such
ancien in an unexpired term administration: was published in the regulardaily issueof said newspaper for
shall be filled by the City (3) Oversee operations of consecutive insertions as follows:
Board for the reminder of any access channel entity
r
the term. f any access
another entity or / (/�1
Any person who serves institution under contract The first insertion On the L/ day Of 19 LL_
two consecutive terms on with the City;
the Board shall not be eligi- (4) To the extent permis-
ble for reappointment until sible by law, resolve dis- the second insertion On the day of 19
one term of office has ex- putess, concerning program
pired, unless there are an Content on access channels;
insufficient number of quali- (5) Promote public aware- the third insertion On the day Of 19
tied applicants to fill all ness, . use, and viewership
vacancies. of access channels; and
Section h3.a Officers. The th me Boars shall have and the fourth insertion on the -- da Of 1��rIn
Board shall elect from its authority in promulgate
members a chairperson, such guidelines and ary to
term
shall aONe a OOe-yble tion as Bre duties
and e- /
term and shall be eligible carry out the set and re-
fer re-election to a grape. this s section.e9 set forth in S rn to and subscribed before me on is
quant term o d ma . this section. day Of
Further, the Board may Section ]. Appeal. Deco
elect such additional attic- pions ofa the Board made s�
Ars and establish any cep- pursuant to Section
Minces as it deems Paces- to th Ci may be appealed
nary for the proper parlor- to the City Board within ten
menta of its duties. days of such decision by
Section 4. Staff Support. any parson aggrieved 01 ry Public
The City Manager shall do- thereby. All other decisions
signals a City employee to of the Board shall be final. MCommission E
assist the Board in perform- Section 8: Recognizing .the y ommsson x pIrrs:
ing its -duties and carrying desire of the Fayetteville /1 _
- out its responsibilities under School System to partici- C/n�
this ordinance. pate in amass -- --- -
Section
rograSection 5. Procedures. despite n. present inability
ILla) the Board shall meet to manage an access chan-
t least once each month nel, theBoard shall take
no Piey meet more fre- into Consideration the
uanma if necessary to needs of- the Fayetteville
Z
'out its duties. Three $ChOOl System, if any, in Fees for Printing J r r - rW
embers shall constitute a any channel it may adminis-
qubrum. ter or any contract it may
Ib) the Board shall estate- negotiate for the administra- Cost Of Proof —. 5
( fiih rules and regulations tion of access channels.
governing its procedures. Section 9. Severability.
(c) the Board's meetings The sections. paragraphs. Total — S
and records shall be subject. yentances: phrases, and
t0 the provisions of the Ark- Clquses of this ordinance
ansa: Freedom of . Informs- Bre severable, and should
tion Act, Ark. Code '.. Ann. any section, paragraph, sen-
$ 525-19.101 at seq. lance. phrase or clause be
Section 8. Duties, declared unconstitutional by
(a) the Board shall advise the lawful decree of any
the City Board and make courtof competent jurisdict
recommendations oncable- tion, such unconstitutional-
related issues. Including but ity shall not affect any other
not limited to the following: portion of this ordinance.
(1 ) use and administra. PASSED AND APPROVED
tion of cable channels tle- this 215t, day of May, 1991 .
signaled for public, educa- APPROVED:
tional. and governmental By: Fred S. Vorsanger
access;
Mayor
121 Establishment and ATTEST:
use of the city's access By: Sherry L. Thomas
facility; City Clerk -