HomeMy WebLinkAboutORDINANCE 6011113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6011
File Number: 2017-0618
AMEND TELECOMMUNICATIONS BOARD:
AN ORDINANCE TO AMEND ARTICLE IX TELECOMMUNICATIONS BOARD IN CHAPTER 33
DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CITY CODE TO
REDUCE THE FREQUENCY OF MEETINGS FROM MONTHLY TO BI -MONTHLY
WHEREAS, the Telecommunications Board and City staff agree that meeting at least once every two
months rather than every month would allow for telecommunications topics of discussion to be
developed more fully and allow for better inclusion of the City's Information Technology department
which will enhance the Board's role as an advisor to the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of
§33.209 Procedures in Article IX, Telecommunications Board, and enacts a replacement § 33.209(A) as
follows:
"(A) The Telecommunications Board shall meet at least once every other month and may meet more
frequently if necessary to carry out its duties. Four members shall constitute a quorum."
PASSED and APPROVED on 11/21/2017
Page 1 Printed on 11/27/17
Ordinance: S#
File Number 2017-062
wfst
Sondra £SmitECi! Clerk Treasurer
Page2 Printed m,1/2 7/17
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
'-- File Number: 2017-0618
Agenda Date: 11/21/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 2
AMEND TELECOMMUNICATIONS BOARD:
AN ORDINANCE TO AMEND ARTICLE IX TELECOMMUNICATIONS BOARD IN CHAPTER
33 DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CITY CODE TO
REDUCE THE FREQUENCY OF MEETINGS FROM MONTHLY TO BI -MONTHLY
WHEREAS, the Telecommunications Board and City staff agree that meeting at least once every two months
rather than every month would allow for telecommunications topics of discussion to be developed more fully
and allow for better inclusion of the City's Information Technology department which will enhance the Board's
role as an advisor to the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (A) of
§33.209 Procedures in Article IX, Telecommunications Board, and enacts a replacement § 33.209(A) as
follows:
"(A) The Telecommunications Board shall meet at least once every other month and may meet more frequently
if necessary to carry out its duties. Four members shall constitute a quorum."
City of Fayetteville, Arkansas Page 1 Printed on 11/27/2017
City of Fayetteville Staff Review Form
2017-061
Legistar File ID
11/21/17
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Doug Bankston 10/25/17 MEDIA SERVICES (060)
Submitted By Submitted Date Division / Department
Action Recommendation:
Approve an Amendment to Article IX Telecommunications Board,
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget f
V20140710
Previous Ordinance or Resolution # Ord. 4219
Original Contract Number: Approval Date:
Comments
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 21, 2017
TO: Mayor and City Council
THRU: Susan Norton, Director of Communications
Don Mar, Chief of Staff
FROM: Doug Bankston, Director of Media Services
DATE: 10/25/2017
CITY COUNCIL MEMO
SUBJECT: Approve Amendment to Article IX Telecommunications Board
RECOMMENDATION:
Adoption of a change to Article IX Telecommunications Board 33.209 Procedures subsection
(A) to reflect a meeting frequency of the Telecommunications Board of at least bi-monthly.
BACKGROUND:
Revisions to Article IX Telecommunications Board approved by City Council last occurred May
19, 2015, and consisted of technical changes to reflect legislation passed by the Arkansas
General Assembly in 2013 that affected municipal franchising agreements. This current
proposed change affects only board procedure.
DISCUSSION:
At the October 19, 2017, Telecommunications Board meeting, the board discussed and
unanimously approved a recommendation to change the board meeting frequency from at least
monthly to at least bi-monthly, with the option to meet more frequently if necessary to carry out
its duties. Board and staff concurred that a meeting frequency of at least bi-monthly would allow
for telecommunications topics of discussion to be formed more fully and realized and would
allow for better inclusion of the City's Information Technology department and its initiatives for
which the Telecommunications Board could serve in an advisory capacity.
BUDGET/STAFF IMPACT:
None.
Attachments:
SRF, Council Review Memo, Original Article IX Telecommunications Board, Revised Article IX
Telecommunications Board
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Exhibit "A"
ARTICLE IX
TELECOMMUNICATIONS BOARD
33.205 Purpose And Intent
It is the purpose and intent of the City Council of the City
of Fayetteville to define the scope of the
Telecommunications Board to advise the City Council
on telecommunications issues and use of the public
rights of way designated for public access, educational,
and government (PEG) television use in the City of
Fayetteville.
(A) Definitions. For the purposes of the Article, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning,
(1) Education Channels. Education channels
telecast non-commercial programming that Is
educational and informational, with an
emphasis on locally -produced programming.
Programs may also be instructional, with
learning potential for all audiences.
(2) Government Channels. Government channels
telecast non-commercial programming that is
information about the City and other
governmental entities, government services,
and community life. Government channels
support the City's communications initiatives
by providing television coverage of public
meetings, government programs, and
government activities.
(3) Public Access Channels. Public access
channels telecast non-commercial
programming that is provided by private
Individuals. The channel operator exercises no
control over the content of the programming,
provided the programming Is not in violation of
the law.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.205; Ord. 4504 07-15-03; Ord. 5478, 1-17-12)
33.206 Composition
The Fayetteville Telecommunications Board shall
consist of seven members appointed by the City
Council. Members should have experience in one or
more of the following areas: telecommunications
infrastructure management, public policy development
regarding communication and telecommunications
issues, television, or other appropriate expertise. All
members shall serve staggered four-year terms,
(Ord. No. 3549, 5-21-91; Ord. No. 3986, §1, 7-16-96; Ord. No.
4219, 2-1-00; Code 1991, §33.206; Ord. 4504 07-15-03; Ord.
5478, 1.17-12)
33.207 Officers
The Telecommunications 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 Telecommunications Board
may elect such additional officers and establish any
committees as It deems necessary for the proper
performance of its duties.
(Ord. No. 3549, 5-21-91; Ord, No. 4219, 2-1-00; Code 1991,
§33.207; Ord 4504, 07-15-03; Ord. 5476, 1-17-12)
33.208 Staff Support
The Mayor may designate city employees to assist the
Telecommunications Board In performing its duties and
carrying out its responsibilities under this ordinance.
(Ord. No. 3549, 5.21-91; Ord, No 4219, 2-1-00; Code 1991,
§33.208; Ord. 4504, 07-15-03; Ord. 5478, 1-17-12)
33.209 Procedures
(A) The Telecommunications Board shall meet at least
once each month and may meet more frequently if
necessary to carry out Its duties, Four members
shall constitute a quorum.
(B) The Telecommunications Board may establish
rules and regulations governing its procedures.
(C) The Telecommunications Board's meetings and
records shall be subject to the provisions of the
Arkansas Freedom of Informatlon Act, A.C.A.
§§25-19-101 et seq.
(D) The Telecommunications Board shall provide the
City Council an annual report briefly summarizing
its previous year's activities and outlining its goals
for the next year.
(Ord. No, 3549, 5-21-91; Code 1991, §33.209; Ord. No. 4219,
2-1-00; Ord, 4504, 07-15-03; Ord. 5478.1-17-12)
33.210 Duties
(A) The Telecommunications Board shall advise the
City Council and make recommendations on
telecommunications infrastructure Issues, including
but not limited to the following:
(1) Use and administration of cable N channels
designated for public access, educational, and
governmental (PEG) use;
(2) Use and administration of tele-
communications facilities and use of public
rights of way for telecommunications
infrastructure;
(3) Use and administration of the City's television
production and telecasting facility, as it is used
for producing or telecasting public access,
educational, or government programming;
(4) Any reports submitted to the City by a PEG
channel operator, a telecommunications
agency, or other entities regarding
telecommunications matters;
(5) Funding for public access, educational, and
government television operations;
(B) The Telecommunications Board shall have the
following duties and responsibilities:
(1) Regularly review. the administration of the
City's television production and telecasting
facility;
(2) Regularly review the administration of any
cable television channels or other facilities
designated for public access, educational, or
government television use, unless the City
Council enters into a contract with another
entity or institution for such administration. If
the city enters into a contract with another
entity for administration of a PEG channel, the
Telecommunications Board shall ensure
contract compliance. Whether administered by
the city or contracted, the Telecommunications
Board shall work with City staff to facilitate the
creation of policies regarding programming
content selection, time guidelines for
programming, viewer and facility user
complalnttfeedback practices, and other such
policies regarding the use and administration
of the channels. A summary of all evaluations
shall be forwarded to the City Council quarterly
for their review,
(4) Facilitate dispute resolution concerning PEG
channels, including but not limited to
operations or program content,
(5) Track the complaints filed by Fayetteville
residents to ensure that PEG channel
operators are responding to complaints in an
effective and timely manner.
(4) Promote public awareness, use, and
viewership of PEG channels; and,
(5) Promote public awareness of
telecommunications policy Issues;
(C) The Telecommunications Board shall have
authority to establish and disseminate such
guidelines and regulations for itself as are
necessary to carry out the duties and
responsibilities set forth In this section,
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.210; Ord. 4504, 7-15-03; Ord. 5478, 1-17-12)
33.211-33,225 Reserved
(Ord. No. 3549, 5-21-91; Code 1991, §33.212; Ord. No.4219,
2-1-00)
Exhibit "A"
ARTICLE IX
TELECOMMUNICATIONS BOARD
33.205 Purpose And Intent
It is the purpose and intent of the City Council of the City
of Fayetteville to define the scope of the
Telecommunications Board to advise the City Council
on telecommunications issues and use of the public
rights of way designated for public access, educational,
and government (PEG) television use in the City of
Fayetteville.
(A) Definitions. For the purposes of the Article, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(1) Education Channels. Education channels
telecast non-commercial programming that Is
educational and informational, with an
emphasis on locally -produced programming.
Programs may also be instructional, with
learning potential for all audiences.
(2) Government Channels. Government channels
telecast non-commercial programming that is
information about the City and other
govemmental entities, government services,
and community life. Government channels
support the City's communications initiatives
by providing television coverage of public
meetings, government programs, and
government activities.
(3) Public Access Channels. Public access
channels telecast non-commercial
programming that is provided by private
Individuals. The channel operator exercises no
control over the content of the programming,
provided the programming is not in violation of
the law.
(Ord. No. 3549, 5.21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33 205; Ord 4504 07-15-03; Ord. 5478, 1-17-12)
33.206 Composition
The Fayetteville Telecommunications Board shall
consist of seven members appointed by the City
Council, Members should have experience in one or
more of the following areas: telecommunications
infrastructure management, public policy development
regarding communication and telecommunications
issues, television, or other appropriate expertise. All
members shall serve staggered four-year terms,
(Ord. No. 3549, 5-21-91; Ord. No. 3986, §1, 7-16-96; Ord. No.
4219, 2-1-00; Code 1991, §33.206; Ord. 450407-15-03; Ord.
5478, 1-17-12)
33.207 Officers
The Telecommunications 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 Telecommunications Board
may elect such additional officers and establish any
committees as it deems necessary for the proper
performance of its duties.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.207; Ord 4504, 07-15-03; Ord, 5478, 1-17-12)
33.208 Staff Support
The Mayor may designate city employees to assist the
Telecommunications Board in performing its duties and
carrying out its responsibilities under this ordinance.
(Ord. No. 3549, 5.21-91; Ord. No. 4219,2-1-00; Code 1991,
§33.208; Ord. 4504, 07.15.03; Ord. 5478, 1-17-12)
33.209 Procedures
(A) The Telecommunications Board shah meet at least
once every other month bi-monthly)and may meet
more frequently if necessary to Carry out its
duties. Four members shall constitute a quorum.
(B) The Telecommunications Board may establish
rules and regulations governing its procedures.
(C) The Telecommunications Board's meetings and
records shall be subject to the provisions of the
Arkansas Freedom of Infonnatlon Act, A.C.A.
§ 25-19-101 et seq.
(D) The Telecommunications Board shall provide the
City Council an annual report briefly summarizing
its previous year's activities and outlining its goals
for the next year.
(Ord. No. 3549, 5-21-91; Code 1991, §33.209; Ord. No. 4219,
2-1-00; Ord. 4504, 07-15-03; Ord. 5476, 1-17-12)
33.210 Duties
(A) The Telecommunications Board shall advise the
City Council and make recommendations on
telecommunications infrastructure Issues, including
but not limited to the following:
(1) Use and administration of cable TV channels
designated for public access, educational, and
governmental (PEG) use;
(2) Use and administration of tele-
communications facilities and use of public
rights of way for telecommunications
infrastructure;
(3) Use and administration of the City's television
production and telecasting facility, as it is used
for producing or telecasting public access,
educational, or government programming;
(4) Any reports submitted to the City by a PEG
channel operator, a telecommunications
agency, or other entities regarding
telecommunications matters;
(5) Funding for public access, educational, and
government television operations;
(B) The Telecommunicatlons Board shall have the
following duties and responsibilities:
(1) Regularly review. the administration of the
City's television production and telecasting
facility;
(2) Regularly review the administration of any
cable television channels or other facilities
designated for public access, educational, or
government television use, unless the City
Council enters into a contract with another
entity or institution for such administration. If
the city enters into a contract with another
entity for administration of a PEG channel, the
Telecommunications Board shall ensure
contract compliance. Whether administered by
the city or contracted, the Telecommunications
Board shall work with City staff to facilitate the
creation of policies regarding programming
content selection, time guidelines for
programming, viewer and facility user
comp lalnttfeedback practices, and other such
policies regarding the use and administration
of the channels. A summary of all evaluations
shall be forwarded to the City Council quarterly
for their review.
(4) Facilitate dispute resolution concerning PEG
channels, including but not limited to
operations or program content,
(5) Track the complaints filed by Fayetteville
residents to ensure that PEG channel
operators are responding to complaints in an
effective and timely manner.
(4) Promote public awareness, use, and
viewership of PEG channels; and,
(5) Promote public awareness of
telecommunications policy issues;
(C) The Telecommunications Board shall have
authority to establish and disseminate such
guidelines and regulations for itself as are
necessary to carry out the duties and
responsibilities set forth in this section.
(Ord, No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.210; Ord 4504, 7-15-03; Ord. 5478, 1-17-12)
33,211-33.225 Reserved
(Ord. No. 3549, 5-21-91; Code 1991, §33.212; Ord. No. 4219,
2-1-00)
RECEIVED
DEC 12
NORTHWEST ARKANSAS OC T"Y LERK'S
Democrat
2017
0 FACE
Ordinance: 6011
File Number: 2017-0618
a '�11
tette
AMEND TELECOMMUNICATIONS
//
BOARD:
AN ORDINANCE TO AMEND ARTICLE
IX TELECOMMUNICATIONS BOARD
IN CHAPTER 33 DEPARTMENTS,
BOARDS, COMMISSIONS, AND
AUTHORITIES OF THE CITY CODE TO
REDUCE THE FREQUENCY OF
MEETINGS FROM MONTHLY TO BI -
AFFIDAVIT OF PUBLICATION
MONTHLY
WHEREAS, the Telecommunications
Board and City staff agree that meeting at
I Karen Caler, do solemnly swear that I am the Legal Clerk of the
�
least mo every two months rather than
every month would allow for
Northwest Arkansas Democrat -Gazette, printed and published in
1� 1>
telecommunications topics of discussion to
be developed more fully and allow for
Washington County and Benton County, Arkansas, and of bona fide
better inclusion of the City's Information
circulation, that frorn my own personal knowledge and reference
Technology department which will enhance
the Board's role as an advisor to the City
advertisement of:
to the files of said the advert
onn il.
publication,
N
NOW , THEREFORE, BE IT ORDAINED
,
BY THE CITY COUNCIL OF THE CITY
CITY OF FAYETTEVILLE
OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City
Ord. 6011
of Fayetteville, Arkansas hereby repeals
subsection (A) of §33.209 Procedures in
Article IX, Telecommunications Board, and
enacts a replacement § 33.209(A) as
Was inserted in the Regular Edition on:
follows:
"(A) The Telecommunications Board shall
meet at least once every other month and
November 30 2017
may meet more frequently if necessary to
carry out its duties. Four members shall
constitute a quorum."
Publication Charges: $ 81.90
APPROVED on 11/21/2017
ro ed
APp ov
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
(villV
Karen ealer
74356943 Nov. 30, 2017
Subscribed and sworn to before me
This & day of 1 yC, 2017.
&a !A,�L
Notary Public
My Commission Expires: xpires:�
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
**NOTE** MY Commission Expires Feb 20, 202:
Please do not pay from Affidavit.
Invoice will be sent.