Code of Ordinances Amendment - Title 12 Cable Television Commission Copyright 2014
City of Dubuque Action Items # 4.
ITEM TITLE: Code of Ordinances Amendment - Title 12 Cable Television Commission
SUMMARY: City Manager recommending approval of an ordinance creating a new Title
2, Chapter 11 , which establishes the Cable Television Commission and
provides for the powers, operation, membership, and meetings.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 2
Boards and Commissions by Repealing Chapter 11 Cable Television
Commission and Adopting a New Chapter 11 Cable Television
Commission in Lieu Thereof Establishing the Cable Television
Commission and Providing for the Powers, Operation, Membership, and
Meetings
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Cable Television Commission-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Boards and Commission — Cable Television Commission
DATE: July 27, 2015
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
Assistant City Attorney Crenna Brumwell recommends City Council approval of an
ordinance creating a new Title 2, Chapter 11, which establishes the Cable Television
Commission and provides for the powers, operation, membership, and meetings. The
Cable Television Commission was originally established in February 1977.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THS CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M . BRUMWELL , ESQ.
ASSISTANT CITY ATTORNEY /�
To: Michael C. Van Milligen /l/I`'`„".'_Y_
City Manager
DATE: July 17, 2015
RE: Boards and Commissions — Cable Television Commission
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find a draft ordinance for the Cable Television Commission, which was
established in February 1977. For this ordinance, a new Title 2, Chapter 11 is adopted
which establishes the Cable Television Commission and provides for the powers,
operation, membership, and meetings.
I recommend that the ordinance be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 50-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS BY REPEALING CHAPTER 11 CABLE TELEVISION COMMISSION
AND ADOPTING A NEW CHAPTER 11 CABLE TELEVISION COMMISSION IN LIEU
THEREOF ESTABLISHING THE CABLE TELEVISION COMMISSION AND
PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 11 of the City of Dubuque Code of Ordinances is
hereby repealed and the following adopted in lieu thereof:
Chapter 11
CABLE TELEVISION COMMISSION
2-11-1: COMMISSION CREATED:
There is hereby created the Cable Television Commission.
2-11-2: PURPOSE:
The purpose of the commission is:
A. To develop, in respect to community programming and cable regulation,
policies that will govern:
1. The use and protection of equipment and facilities;
2. All training programs;
3. The priorities and scheduling for use of channel time;
4. The daily regulation and administration of the cable franchise;
5. The resolution of subscriber complaints which could not be
resolved satisfactorily by the cable manager; and,
6. Other matters pertaining to community programming or cable
services in Dubuque which may arise.
B. To develop policies and procedures regarding the public community
programming channels that will promote its nondiscriminatory, first come, first
served and equitable use in conformity with all applicable regulations and
requirements and limit such use to residents of Dubuque and their own
productions.
C. To encourage interest in and development of decidedly local community
programming.
D. To encourage cooperation and cordial relations between community
programmers, cable subscribers, and the local cable manager and the local
cable manager's staff.
E. To identify and support organizations interested in the channels reserved
for public, education, and government programming.
F. To advise the following:
1. The city manager or the city manager's designee (collectively "the
city manager") on matters relating to community programming and the
regulation of the cable system;
2. The city council on expenditure of any funds designated by a
franchise for PEG equipment and facilities; and
3. The city council on any matter relating to the cable franchise or
system.
G. To promulgate and administer through the city manager all policies, rules,
and procedures relating to community programming.
H. To keep abreast of developments in cable technologies, services, and
programming and to become competent in cable regulation, finances, and
standards of operation.
I. To act through the city manager as the local regulatory agent of the cable
franchise and to monitor the operation of the cable system.
J. To consult with the local cable manager on the best updating of the cable
system, services, and programming and to advise the city council on expending
the updating funds.
K. To evaluate its own proceedings and actions and all community
programming and cable related activities.
L. To provide any cable user in the city of Dubuque the opportunity to voice a
complaint regarding the user's cable service.
2-11-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this Code of
Ordinances or the Iowa Code.
2-11-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of the
city govern the commission in all its operations.
2-11-5: MEMBERSHIP:
A. The commission comprises seven (7) residents of the city, appointed by the city
council.
B. Residents must be eighteen (18) years of age or older.
C. Special Qualifications. In its appointments, the city council will endeavor to
achieve a broad representation of the community and public interests which can take
advantage of dedicated channels to benefit the residents of the City of Dubuque and to
develop a commission versed and competent in telecommunication administration,
finances, and regulation. The city council will attempt to give preference to applicants
who are actively interested in promoting community cable programming who possess,
or are willing to acquire, video production background, and who will relate to the
spectrum of informational and cultural needs of cable viewers of the City of Dubuque
and applicants who possess professional or experiential backgrounds in law, finances,
administration, public relations, or telecommunication technologies.
2-11-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the
commission.
2-11-7: TERMS:
The term of office for commissioners is three (3) years or until such commissioner's
successor is appointed and qualified.
2-11-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
2-11-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice -chairperson, each to
serve a term of one (1) year. The chairperson must appoint a secretary, who need not
be a member of the commission. The commissioners must fill a vacancy among its
officers for the remainder of the officer's unexpired term.
2-11-10: MEETINGS:
A. Regular Meetings. The commission must meet not less than once each quarter.
B. Special Meetings. Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
C. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
D. Attendance.
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend to
the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes. A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is later.
F. Quorum. Four (4) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and voting is
necessary for the adoption of any motion or resolution.
2-11-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official commission
business within the limits established in the city administrative policies and budget.
2-11-12: REMOVAL:
Except as provided in 2-11-10(D)(1), the city council may remove any commissioner for
good cause.
2-11-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To assure that cable channels, equipment, and resources dedicated and
reserved for community programming are used effectively, efficiently, and
economically to afford the community and individuals of the City of Dubuque the
opportunity to express opinions and provide information to cable users, and that
such programming is characterized by appropriateness, quality, and continuity;
and
B. To assure full compliance with any franchises authorizing cable or video
service in the City of Dubuque, that the franchises be interpreted and applied to
the benefit of the City and its residents, that quality and updated services be
delivered throughout the City, and that the public interest be protected in all
matters related to the cable services delivery systems.
Section 2. Nothing herein effects the term of any person serving as a
commissioner as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 3rd day ofAugust, 2015.
Roy D: Bu 1 Mayor
Attest:
Kevin S. Firnstahl, &Y -Clerk
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: August 7, 2015, and for which the charge is $93.10.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
/7 9
this day of , 20 /5 .
N "ary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
o-
Commission Number 154885
nom:.
;o —,— My Comm. Exp. FEB. 1, 2017
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tionS and •• all the i•OoriirrinhitY
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.; L. To nrOyide any ,'OpirtiOns PrOVide
cable userin the _city 'of..': ::inforrnation..-itb . cable
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ced,u res.' be plied -to the
All. edMinistratIve,' ,related toif the, ,cable,
as ecimmissioper.esl-
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AMENDIN6 CITY .0F
ADOPTING'' '13ackgroOnd
Of
off lc&
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niers, caome suDSCriD ic�uipuienu.w the city
ers, and 'the local cable • council •that the posi
manager and the; local, tion be declared vacant
cable manager'sstaff.:. and .a . replacement
°To' y;:anappoin;j
suppE.ol-t organizidentifationsd ?: Attendance ted.; must be
interested in Pthe entered upon the min-
channpublic; elsedreserveucation,a
d{.forndE. .utes ofiMinutesaltmeetings,
;. A copy of
government program-- the minutes ,..of all •
ming.-!•••• _ regular...and special:;'
F.., To adVise> the meetings „of; the;com= al
following: mission must be filed
1. The city manager or with, the city council
the city manager's Within ten (10) working l
designee, (collectively days; after each
"the city manager") on meeting, or by the nezf''
matter's' .relating to 'regularly scheduled
community, program- city Council meeting,';
ming-If-Oct,the regu whichever is later
latlon of the 'cable ..:,F• Quorum. Four (4)'"I
system • - commissioners consti-
2. The•city council on tote a quorum for the •
expenditure of :• any transaction of busi:,
funds,designated •by a Hess. The afflrrpative-!
franchise, • for PEG • vote et ae majority, of
equipihent and. 'fatil thecorrimissiionersDpre-
'ties; and sent and voting-"-is
3 The. city council on necessary_ "for m, , the'
any lnatter'relating to adoptipnofranymotion
the cable' franchise •or or; resolution
system, 271111 COMPENSA
C To prorpulgate and TION
addnbniater throughlie Commissiogers serve
city hiahager all; poll without ,compen`sation,'`
cies rules and :pro provided that-they may'.!
cedures- relating `.; to receive reimbursement
coGnmunity program fornecessary tYavef'
ming arid; other expenses._
H To keep abreast of while on official,
developments in cable commission„ !business;i
to hnologies services Within the limits
arid programrningand establishedin the city}j
to4beedfrfe c6mpefert •adl7mlhlstratiye policies