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HomeMy WebLinkAbout2680 Establishing Cable Access CommissionORDTNANC~, NO. AN ORDINANCE ADDING A NEW CHAPTER 2.21 TO THE ASHLAND MUNICIPAL CODE ESTABLISHING A CABLE ACCESS COMMISSION. THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 2.21 is added to the Ashland Municipal Code which shall read as follows: "Chapter 2.21 CABLE ACCESS COMMISSION Sections: 2.21.010 2.21.020 2.21.030 2.21. 040 2.21. 050 2.21.060 2.21. 070 2.21. 080 2.21. 090 Definitions Established--Membership Terms--Vacancies Quorum--Rules and Meetings Management Powers and Duties--Generally Appeals Reports Compensation 2.21.010 Definitions. The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Access channel" means that government access channel provided to the City of Ashland by the Cable Company in accordance with Section 26 of Ordinance No. 2258, said channel shall operate with equipment provided by both the Cable Company and by Southern Oregon State College, shall be located on the Southern Oregon State College campus, and shall be managed by the Media Department of the College. It shall be expected to operate, to the extent possible, in accordance with the "Report To The Ashland City Council From CATV Access Committee" as adopted by the City Council on April 4, 1989. B. "Commission" means the Ashland Cable Access Commission created by and with authority as delineated by this ordinance. C. "Cable Access Center" means the physical site and those personnel hired by Southern Oregon State College to staff and operate the project. D. "Participating Public Agency" means any non-profit or governmental agency contributing at least 15% of the annual operating budget for the project during any full year of operation. E. "Project" means the facilities, staff and operation of the Government Access Channel. 2.21.020 Commission Established, Membership. A. There is created the Ashland Cable Access Commission consisting of at least five members, three of whom shall be appointed by the Mayor and confirmed by the City Council, two shall be appointed by the President of Southern Oregon State College and one each shall be appointed by any participating public agency. B. The Commission shall also consist of the following ex-officio, non-voting members: a representative from TCI Cablevision or its successor, the City of Ashland Administrator or designee, a representative of the Southern Oregon Film & Video Association, and two representatives of the Southern Oregon State College Media Center or Cable Access Center Staff. 2.21.030 Terms--Vacancies. When the first members of the Commisiion are appointed by the Mayor under Section 2.21.020, one shall be appointed for a term to expire July 1993, one shall be appointed for a term to expire July 1994 and one shall be appointed for a term to expire July 1995. When the first members of the Commission are appointed by the President of Southern Oregon State College, one shall be appointed for a term to expire July 1994 and one shall be appointed for a term to expire July 1995. The successors to these positions and persons appointed by participating public agencies shall serve terms of three years. Vacancies shall be filled by appointing authority as promptly as possible. Any Commissioner who is absent for two consecutive meetings or four meetings in a one-year period without being excused, shall be considered no longer active and the position vacant. 2.21.040 Ouorum--Rules and Meetings. A quorum shall exist whenever a majority of the duly appointed voting members are present. A majority of a quorum shall be necessary for the conducting of business at meetings. The Commission shall develop and operate in accordance with appropriate rules and regulations for the conduct of its meetings, and shall meet at least every other month. 2.21.050 Management. The management of the Cable Access Center shall be under the direct control of the Southern Oregon State College Media Center. The Cable Access Center staff and the Media Center shall assume responsibility for decisions pertaining to staffing, budget, equipment, and program selection. 2.21.060 Powers and Duties--Generally. A. The Commission shall review, adopt and recommend for City Council approval appropriate guidelines, polices and procedures for Cable Access Center staff decisions, and in particular, those related to program selection. The Commission shall be informed of all decisions by staff related to the implementation of guidelines, policies and procedures. B. Staff will be expected to make decisions involving scheduling, approval or denial of programming or air time. Those decisions, which in staff judgement seem difficult or sensitive, may be deferred to the Commission. In addition, those aggrieved by a staff decision may appeal to the Commission. C. The Commission shall have the further responsibility to assess whether the public's need for community access programming is being satisfied and to develop long-range plans, strategies, and recommendations for improved community access as it deems necessary. D. The Commission shall have the authority to search out grant funds and other sources of revenue for the project, to foster new program development, and to seek additional participants. 2.21.070 Appeals. Except as provided in this section, a decision of the Commission is final. Provided the petition is filed within 60 days of the decision, any person aggrieved by a decision of the Commission may petition the Ashland City Council to hear an appeal of the decision. The Council may decline to hear the petition. If the Council hears the petition, it shall have the authority to affirm, modify or reverse the decision of the Commission. 2.21.080 Reports. The Commission shall submit copies of its minutes to the City Council and shall submit such reports as from time to time may be requested by the Mayor and City Council. 2.21.090 Compensation. Voting members of the Commission shall receive no compensation for services rendered. The Commission may receive grants, gifts, bequests or devises of property to carry out any of the purposes of this Chapter which shall be placed in a special account for the use of the Commission. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the ~/~day of July, 1992, and duly PASSED and ADOPTED this ~?~' day of July, 1992. Nan E. Franklin City Recorder SIGNED and APPROVED this ~/ City Attorney form: day of ...... ~</ , 1992. Catherine M. Golden Mayor (d: \counci l\new. Ord\cab[ eacc .Ord)