[Ord. No. 561,
passed 1-26-1998]
There is hereby established in and for the City a commission
to be known as the Coldwater Cable Television Commission, with all
of the privileges, powers and authority granted hereunder.
As used in this chapter, the term "Commission" shall mean the
Coldwater Cable Television Commission.
[Ord. No. 561,
passed 1-26-1998]
(a)
Number and appointment. The Cable Television Commission shall consist
of nine members appointed by the City Manager with the consent of
Council.
(b)
Terms. A member of the Commission shall be appointed for a term of three years. To provide staggered terms, the terms of the initial appointments to the Commission shall be for shorter terms as provided in subsection (d) hereof.
(c)
Qualifications. Each member of the Commission shall be a resident
of the City in order to be qualified for appointment to the Commission
and to remain qualified as a member of the Commission. Should any
member cease to be a resident of the City after his or her appointment,
then that member shall be disqualified from further service and a
vacancy on the Commission shall exist.
No person shall be appointed to the Commission who is currently
a candidate for, or has been elected and is currently serving in the
position of, Mayor or Councilperson for the City, or serving on the
City of Coldwater Board of Public Utilities, and such person shall
be disqualified from membership on the Commission.
In making appointments to the Commission, the City Manager shall
maintain representation from a variety of backgrounds, groups and
institutions. The Commission may include one K-12 school student,
one retired person and a resident from each ward of the City. The
remaining members may be representatives of business, industry and
civic organizations.
(d)
Initial appointments. The City Manager, with the consent of Council,
shall establish the term of each of the initial appointments to the
Commission for the purpose of creating staggered terms as required
herein. The terms of three members shall expire at the end of one
year, the terms of three members shall expire at the end of two years
and the terms of the remaining three members shall expire at the end
of three years. However, each appointment thereafter shall extend
for the full term as established herein.
(e)
Vacancy in office. Vacancies occurring in the Commission shall be
filled for the unexpired term in the same manner as for appointment
to the Commission.
(f)
Removal from office. The Commission shall have authority to remove
any of its members by an affirmative vote of at least two-thirds of
the remaining members of the Commission.
Among other reasons, the Commission may remove a member for
failure to attend meetings, failure to remain qualified as a member,
failure to discharge the duties of office in a professional manner,
conflicts of interest, breach of confidentiality, acts of misconduct
which directly affect the work of the Commission or the operation
of the Municipal cable television system or other acts which cause
embarrassment or bring disrepute to the Commission and/or the City.
(g)
Notice of vacancy. Upon the expiration of any term, or upon the resignation,
retirement or removal of any member, the Chairperson of the Commission
shall notify the City Manager that a vacancy exists.
[Ord. No. 561,
passed 1-26-1998]
(a)
In general. Except as may be otherwise provided herein, the powers
and duties of the Cable Television Commission are generally advisory
in nature, and the Commission shall not have any powers or duties
which conflict with or supersede the powers and duties of the other
City commissions or boards, except as herein provided, or which conflict
with the authority of Council. Advice, recommendations and decisions
made by the Commission regarding rates and financial matters involving
the Municipal cable television system shall be subject to the final
approval of the Board of Public Utilities and Council.
(b)
Programming. The Commission shall make all decisions concerning the
programming to be provided by the Municipal cable television system.
Such decisions shall not be reviewable by, nor subject to the approval
of, Council, the Board of Public Utilities, any other City officer,
the City Manager or any staff person in the employment of the City.
Such decision shall be final when rendered by the Commission.
(c)
Other responsibilities. The Commission shall discharge such additional
functions and carry out such other responsibilities as may be assigned
to the Commission from time to time by Council, including, among other
things, the following:
(1)
To confer with and advise Council and the Board of Public Utilities
on all matters concerning the ownership, management and operation
of the Municipal cable television system;
(2)
To confer with and advise the City and the Board of Public Utilities
staff on the management and operation of the Municipal cable television
system;
(3)
To confer with and advise Council and the Board of Public Utilities
on matters regarding the provision of cable services in the City,
including the terms and conditions of franchising ordinances and any
franchises issued thereunder, issuance of additional or multiple cable
television service franchises and other similar matters relating to
the provision of cable television service in the City, either by a
municipal system or by any private system; and
(4)
To confer with and consider requests from citizens and community
groups concerning services to be provided by any cable television
system.
[Ord. No. 561,
passed 1-26-1998]
(a)
Meetings. The City Clerk shall schedule an initial organizational
meeting of the Cable Television Commission upon the initial appointment
of the Commission. At such initial organizational meeting, the City
Clerk shall act as temporary Chairperson, and the Commission shall
organize itself and elect from its members a Chairperson and a Secretary
who shall serve for a one-year term or until successors in office
are appointed. The Commission shall have authority to elect such other
officers as it may deem necessary.
The Commission shall hold regular meetings for the transaction
of its business at such place and at such times as the Commission
deems appropriate, and special meetings may be held at any time when
the Chairperson or any two members of the Commission shall deem it
appropriate.
All meetings of the Commission shall be open to the public.
Proper notice for each meeting shall be given and the Commission shall
comply with all applicable requirements of Act 267 of the Public Acts
of 1976, as amended.
(b)
Duties of Chairperson and Secretary. It shall be the duty of the
Chairperson to preside over all meetings of the Commission. In the
Chairperson's absence, a temporary Chairperson may be appointed
to preside.
It shall be the duty of the Secretary to keep a record of all
proceedings of the Commission, transmit its recommendations to the
Board of Public Utilities and Council and perform such other duties
as are commonly performed by the Secretary of a deliberative body.
The Commission may appoint a person employed by the City to assist
the Secretary in carrying out the Secretary's duties.
(c)
Staff person as liaison between Commission and City. The City Manager
shall have authority to appoint a staff person in the employment of
the City as a liaison between the Commission and the City. The staff
person so assigned shall provide administrative and technical assistance
to the Commission in its work and carry out such other duties as may
be assigned by the Commission.
(d)
Rules and procedures. The Commission shall have authority to adopt
rules and procedures governing its own meetings and other proceedings
not inconsistent herewith.
(e)
Minutes and records. The Commission shall keep a full record of its
proceedings and minutes of its meetings showing the business transacted
at each meeting and shall submit copies thereof to the City Clerk
and the Coldwater Board of Public Utilities. All records of the Commission
shall be subject to Act 442 of the Public Acts of 1976, as amended.
