Ord. 0773 03-03-97ORDINANCE NO. 773
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, ESTABLISHING THE PEARLAND CHANNEL REVIEW BOARD, ITS
PURPOSES, AUTHORITY, AND RESPONSIBILITIES; PROVIDING A
SAVINGS CLAUSE, A REPEALER CLAUSE, AND A SEVERABILITY
CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE;
AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council adopted Resolution No. R97-4 at its regular
meeting of February 10, 1997, implementing the Government Access Channel to be
known as Pearland CityView 40; and
WHEREAS, the City Council finds and determines the need for the Pearland
Channel Review Board which will oversee the general operations of said TV channel
and review requests for broadcasting; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. The Code of Ordinances of the City of Pearland, Texas, is hereby
amended to create a new chapter entitled "Pearland CityView 40 Government Access
Channel", to read as follows:
"Section 1. Creation; Members; Terms; Vacancies.
(a) There is hereby created and established the Pearland Channel
Review Board, which shall consist of five (5) regular members and
two (2) alternate members, all qualified voters of the City. Said
Board; including regular and alternate members, shall consist of no
more than two (2) City staff members. Alternate members shall
serve in the absence of one or more regular members when
requested to do so by the City Council or its designee, and shall
have voting authority. Regular members shall be appointed by the
City Council for staggered three-year terms and alternate members
shall be appointed by the City Council for staggered two-year
terms. All Board members shall be limited to two consecutive
terms. All Board members shall serve at the pleasure of the City
ORDINANCE NO. 773
Council, without compensation and may be removed from office
at any time by the City Council without cause.
lb) Of the regular members first appointed, two (2) shall be appointed
for a term of three (3) years, two (2) shall be appointed for a term
of two (2) years, and one shall be appointed for a term of one (1)
year. One alternate member shall be first appointed for a term of
two (2) years and one alternate member shall be first appointed
for a term of one (1) year.
(c) Any member who is absent from three (3) consecutive meetings
of the Board without valid excuse, as determined by the Board,
shall be automatically dismissed from membership. Any vacancy
in the membership of the Board shall be filled by the City Council
for the unexpired term of the member whose place has become
vacant.
Section 2. Officers.
The Board members shall elect a President, a Vice President, and a
Secretary, annually, at the first meeting held in each calendar year. The
President shall preside during meetings of the Board and shall perform other
duties prescribed from time to time by the Board. The Vice President shall
assume the responsibilities of the President in his absence. The Secretary shall
make a detailed record of all of the Board's proceedings, which shall set forth
the reasons for its decisions, the vote of each member, the absence of a
member, and any failure of a member to vote. All officers of the Board shall
have voting authority.
Section 3. Quorum; Meetings.
Three (3) members of the Board shall constitute a quorum for conducting
business and an affirmative vote of the majority present shall be sufficient to
take official action, but not less than three (3) affirmative votes shall be
required for said official action.
The Board shall meet when necessary, as determined by the Board, to
review cablecast requests, but in no event not more than ten (10) days after a
request for review has been made. Board meetings shall be held at City Hall
unless otherwise determined by the Board, and shall be open to the public and
conducted in accordance with the Texas Open Meetings Act, as amended.
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ORDINANCE NO. 773
Every decision shall be reached and all interested parties notified, without
unreasonable or unnecessary delay.
Section 4. Rules and Regulations.
The Board shall adopt rules and regulations governing its procedures and
actions on matters coming before it. Said rules and regulations shall be subject
to approval of the City Council.
Section 5. Purpose; Authority; Responsibilities.
The purpose and responsibilities of the Pearland Channel Review Board
shall include, but not be limited to, the following:
(1) Review requests that do not strictly meet Pear/and CityView 40
Guidelines; and determine whether special exceptions should be
granted to allow these requests to be cablecast, based on
evaluation criteria determined by the Board, where unusual
conditions exist that make the literal enforcement of said
Guidelines unjust.
(2) Oversee general operations of the cable system as directed by
City Council; and develop programming policies and update
guidelines, as needed for Pear/and CityView 40 subject to
approval of the City Council.
(3) Advise the City Council of Pear/and CityView 40 objectives based
upon its continued evaluation of the City's cable communications
system, cable television franchises and continued assessment of
cable technology; and make recommendations for upgrades as
needed.
(4) Recommend procedures for institutional operations, services,
use of dedicated channels, and sharing of public facilities.
(5) Present annual performance evaluation report to City Council
regarding Pearland CityView 40, its contents, community impact,
and financial merits."
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ORDINANCE NO. 773
Section 2. Savings. All rights and remedies which have accrued in favor of
the City under this Chapter and amendments thereto shall be and are preserved for the
benefit of the City.
Section 3. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or
otherwise unenforceable by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not
affect the validity of the remaining portions thereof.
Section 4. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 5. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon its second and final reading.
PASSED and APPROVED ON FIRST READING this the day of
, A. D., 1997.
TOM REID
MAYOR
ORDINANCE NO. 773
ATTEST:
NDY S NIDORF
INTERIM TY SECRETARY
PASSED and APPROVED ON SECOND AND FINAL READING this thJ n day
of
ATTEST:
WENDY./16/4ST RF
INTERIM CI SECRETARY
APPRD AS TO FORM:
N
MSTES McCULLOUGH
CITY A TORNEY
, A. D., 1997.
TOM REID
MAYOR