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HomeMy WebLinkAboutD-2094-12 Carmel Cable and Telecommunication Commission-Amend 2-21ORDINANCE D- 2094 -12 SPONSOR: Councilor Seidensticker AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CARMEL CITY CODE CHAPTER 2, ARTICLE 2, SECTION 2- 21(a)(2), REGARDING CARMEL CABLE AND TELECOMMUNICATION COMMISSION WHEREAS, the Conn Council has previously enacted an ordinance establishing the Carmel Cable and Telecommunication Commission, and WHEREAS, the Common Council now desires to amend and restate that Ordinance to properly reflect the current provisions of audio and visual programming to Cannel residents, NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1: The foregoing Recitals are incorporated herein by this reference. Section 2: That Chapter 2, Article 2, Section 2- 21(a)(2), should be amended and shall read as follows: §2 -21 Carmel Cable and Telecommunication Commission. (a) A special commission shall be formed whereby the appointees made by the Common Council and the Mayor shall reside in the City and Institutional appointees shall reside in the City or Clay Township. Said Commission shall be known as the Carmel Cable and Telecommunication Commission. This Commission shall be composed of five (5) voting members who shall serve terms of two (2) years beginning April 1, 1981, and that said terms shall be staggered with the first appointees serving until a year specified herein, and that appointment to this Commission and the first expiration year of each appointee's first terms shall be in a manner as described below: 1. One (1) member appointed by the Mayor (term to first expire in 1982); 2. One (1) member appointed by the Common Council; 3. One member appointed by the Carmel Library Board (term to first expire in 1983); 4. One member appointed by the Board of Trustees of Carmel Clay Schools (term to first expire in 1983); 1 5. One member appointed by the Board of Directors of the Carmel City Chamber of Commerce (term to first expire in 1983)." (b) Every company, organization, or group, which provides audio or video programming "Telecommunication Companies to the residents of Carmel utilizing City infrastructure or right -of -way shall appoint a representative to serve as an ex officio member of this Commission. The Commission shall designate its own officers and organize itself in such a way that allows it to meet on an "as needed" basis. The purposes of the Commission shall include, but are not limited to: review the operations of such Telecommunication Companies within the City of Carmel; seek resolution of complaints made by the citizens of Carmel with regard to the operations of the Telecommunication Companies; recommend to the Common Council any appropriate action to maintain access by Carmel residents to public, educational, and government channels "PEG channels and in all other ways necessary provide a community liaison with the Telecommunication Companies. Nothing stated in this Ordinance shall negate any of the responsibilities of the Common Council, or the Mayor, under the constitution and statutes of the State of Indiana or the Ordinances of the City of Carmel, Indiana. Section 3: All portions of prior City ordinances inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 4: If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 5: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. ADOPTED by the Common Council of the City of Carmel, Indiana, this day of 2012, by a vote of r ayes and 0 nays. 2 ding Of tick!" ATTEST: Richard L. Diana L. Cordray, IAMC, Cle Treasurer „d Presented by me to the Mayor of the City of Cannel, Indiana, this aa day of 2012 at a'. O`7 O'clock, P .M. Approved by me, the Mayor of the City of Cannel, Indiana, this 30 day of 2012 at Q O'clock, F .M ATTEST: COMMON FOR THE CIT Diana L. Cordray, IAMC, Cl rp, President Pro Tempore Prepared by: Diana L. Cordray Clerk- Treasurer City of Carmel k- Treasurer 3 Kevin D. Rider Carol Schleif W. Eri Seidel nyder Diana L. Cordray, IAMC, Clerk- reasurer nes Brainard, Mayor