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0433 Chubbuck Cable CommissionCITY OF CHUBBUCK, IDAHO ORDINANCE NO. 433 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING CHAPTER 2.32 CHUBBUCK CABLE COMMISSION; CREATING A CHUBBUCK CABLE COMMISSION; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Chapter 2.32. The following Chapter 2.32 is hereby adopted: Chapter 2.32 CHUBBUCK CABLE COMMISSION Sections: 2.32.010 Creation of advisory cable commission. 2.32.020 Members. 2.32.030 Officers. 2.32.040 Duties. 2.32.050 Compensation. 2.32.010 Creation of Advisofy Cable Commission. The Mayor may appoint an advisory Chubbuck Cable Commission for the City or the City may enter into agreements with other municipalities to form a joint advisory cable commission. 2.32.020 Members. The Chubbuck Cable Co:arzriission shall consist of four members appointed by the mayor with the approval of the city council. Upon creation of any such commission two of the members shall serve for a term of two years and two of the members shall serve for a term of three years; thereafter the term of each member shall be three years. A Commission member shall be limited to two consecutive terms after which time that member cannot be appointed for a third consecutive term. Any member of the Chubbuck Cable Commission must be a subscriber to cable television service. 2.32.030 Officers. The Chubbuck Cable Commission shall elect its chairman and vice-chairman and shall hold periodic meetings and shall designate the time and place thereof, and shall have the power to adopt rules and regulations for the conduct of a business within its jurisdiction, and shall keep a record of all its proceedings. To conduct Ordinance -Page 1 dscchbbck09.292 r v. any business at any meeting, it will be necessary to have a quorum. A quorum will constitute at least two voting members. 2.32.040 Duties. The Chubbuck Cable Commission duties will include: A. Making recommendations to the city council on the operation and promotion of cable television. B. Assisting the city council in performance, evaluation, and review of any cable franchise. C. Reviewing complaints between cities, the cable franchise holder, and affected subscribers; in the event a complaint cannot be resolved by the commission to the satisfaction of the parties, the commission will make recommendations to the city council for resolution of the complaint; D. Reviewing system performance by evaluating the adequacy of the system's technical and performance standards; E. Receiving annually from the cable franchise holder, the following reports: 1. Total number of subscribers at the end of the calendar year, 2. Number of subscribers added during the year, 3. Number of subscribers lost during the year, 4. Number of miles of cable added to the system during the year, 5. Number of miles of cable equipment rebuilt or replaced during the year, 6. Summary of other additions to the system in terms of increased channel capacity or technological improvements made during the year, 7. Outline of places for expansion and improvement of the system in the next calendar year, as deemed necessary by the cable franchise holder, 8. Financial records, including: a. Balance sheets, b. Income statements, c. Cash flow statements, d. Statements of sources and applications of funds, and e. Statement of current and projected subscribers and penetration in the franchise territory; H. Receiving copies of all petitions, applications, and communications, submitted by the cable franchise holder to the Federal Communications Commission or any other federal or state regulator, commission or agency having jurisdiction in respect to any matters relating specifically to operation of the cable communication system under the franchise; I. Giving prior approval to the cable franchise holder before any discontinuance of system operation lasting longer than seven consecutive days; J. Upon authorization of the council, inquiring into the qualifications of prospective assignees of the cable television franchise. Ordinance - P.O. 2 doe chbbok0Q 2W 7� 2.32.050 Compensation. The members of the Chubbuck Cable Commission shall be selected without regard to political affiliation and shall serve without compensation. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 14th, day of MARCH , 1995. . 49C6-4� YOR ATTEST: J. ". CITY CLERK "nancs - P#W 3 doe chbbck09.292 SUMMARY OF ORDINANCE NO. 433 An ordinance of the City of Chubbuck, a municipal corporation of the state of Idaho, adding Section 2.32, Chubbuck Cable Commission to the Chubbuck Municipal Code; providing for the creation of an advisory cable commission; providing for the appointment of four members of the Chubbuck Cable Commission by the Mayor with the approval of Council and providing for the terms of each of the members; providing for the election of officers of the Chubbuck Cable Commission; providing that two members will constitute a quorum; providing the duties of the Chubbuck Cable Commission; providing that members shall be appointed in that regard to political affiliation and shall serve without compensation; providing for the severability of the provisions of this ordinance; providing that this ordinance shall be in full force and effect after its passage, approval and publication as allowed by law. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202 I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 433 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this 24 day of March, 1995. SUMMARY OF ORDINANCE NO. 433 - Page 1 chbbckD3.271