[MC 1997-10, § 1, July 7, 1997; MC 1998-21, § 1,
July 6, 1998; MC 2002-01, § 1, February 4, 2002]
There is hereby established and confirmed within the City of
Plainfield the Cable Television Board which shall be solely comprised
of eleven (11) residents of the City of Plainfield consisting of the
following six (6) classes:
Class I. The Mayor or his designee.
Class II. One (1) of the officials of the City of Plainfield
other than a member of the City Council to be appointed by the Mayor.
Class III. Three (3) members of the City Council.
Class IV. One (1) member representing officials of the Board
of Education.
Class V. One (1) member representing the Plainfield Public Library.
Class VI. Four (4) members who are citizens of the City of Plainfield.
Such members of Class VI shall not be employees of the City.
Class VI Alternate Members: Not more than three (3) Alternate
Members designated Alternate No. 1, Alternate No. 2 and Alternate
No. 3 shall be appointed and so designated at the time of appointment
by the Mayor and shall meet qualifications of Class VI. Alternate
Members may participate in discussions of the proceedings but may
not vote except in the absence or disqualification of a regular member
of any class. A vote shall not be delayed in order that a regular
member may vote instead of an Alternate Member. In the event that
a choice must be made as to which Alternate Member is to vote, Alternate
No. 1 shall vote unless unavailable or disqualified, in which event
Alternate No. 2 shall vote unless unavailable or disqualified, in
which event Alternate No. 3 shall vote.
[MC 1997-10, § 1, July 7, 1997; MC 1998-21, § 1,
July 6, 1998; MC 2002-01, § 1, February 4, 2002]
All appointments to the Cable Television Board shall be made
by the Mayor with the advice and consent of the City Council. The
term of the Class I member shall correspond with his/her official
tenure. The terms of the Class II and III members shall be for their
respective terms of office. The terms of Classes IV and V members
shall be for a period of three (3) years or will terminate at the
expiration of their terms of office or employment, whichever occurs
first. The term of a Class VI member shall be for a period of three
(3) years. The terms of the Alternate Members shall be for three (3)
years, except that the terms of the Alternate Members shall be such
that the term of not more than one (1) member shall expire in any
one (1) year. Alternate No. 1 shall initially be appointed for a one
(1) year term. Alternate No. 2 shall initially be appointed for a
two (2) year term. Alternate No. 3 shall initially be appointed for
a three (3) year term. Thereafter, the terms of each Alternate Member
shall be for a three (3) year term.
[MC 1997-10, § 1, July 7, 1997; MC 1998-21, § 1,
July 6, 1998; MC 2002-01, § 1, February 4, 2002]
If a vacancy of any class shall occur otherwise than by expiration
of terms, it shall be filled by appointment as above provided for
the unexpired term. A vacancy of any Alternate occurring otherwise
than by expiration of term, shall be filled by the Mayor with the
advice and consent of the City Council for the unexpired term only.
[MC 1997-10, § 1, July 7, 1997; MC 1998-21, § 1,
July 6, 1998; MC 2002-01, § 1, February 4, 2002]
(a) The members of the Board shall organize annually. The Board shall
elect a Chairman and Vice Chairman from the members of Class VI and
select a Secretary who shall be a City employee designated by it.
The Board shall adopt bylaws and regulations for the conduct of the
business of the Board. All members shall serve without financial compensation.
(b) For each month during the three (3) years preceding the renewal of
any franchise, the Cable Television Board shall meet at least once
a month.
[MC 1997-10, § 1, July 7, 1997; MC 1998-21, § 1,
July 6, 1998; MC 2002-01, § 1, February 4, 2002]
The Board shall also have the following powers and duties:
(a) To establish, amend and supplement its own bylaws to govern its structure,
operations and activities to the extent not inconsistent with this
section or any other Federal, State or local regulation or law;
(b) To make recommendations to the Mayor and the Council with respect
to any matters relating to cable television or telecommunications
and video facilities within the City of Plainfield or the County of
Union;
(c) To prepare an annual report of its activities with recommendations
to the Mayor and Council and, at such times as the Mayor or the Council
shall request or the Board shall deem advisable;
(d) To act as liaison between the Council and all other entities involved
in cable or telecommunications activities and/or programming in the
community;
(e) To review the cable television system franchise in the City of Plainfield
and see to the compliance thereof by the franchise holder;
(f) To encourage and promote the full utilization of the cable television
system resources by its residents, schools, public bodies, citizen
organizations and the general public;
(g) To encourage and coordinate the use of all available technical equipment
and expertise needed by the public and private organizations and private
individuals to produce cable television programs;
(h) To examine all possible means of attracting public and private funding
which would enhance the public's opportunity to fully benefit from
the use of the cable television system including, but not limited
to, the Plainfield Cable Television Municipal Access Channel(s);
(i) To apply for or work with other entities to apply for and receive
public and private funds for the purpose of performing responsibilities
under this section. The Board may disburse, with the advice and consent
of the Council, such stipulated funds as may be donated to the City
of Plainfield for the advancement of specific projects or the general
purpose of the Board;
(j) To propose appropriate procedures to the cable television franchise
holder regarding the scheduling and programming of public access,
municipal government and educational channels. Any procedures should
be so designated as to facilitate the free and open use of these channels,
and they shall not be in conflict with any existing or future Federal,
State or local laws or regulations regarding the public use of the
CATV System;
(k) To serve as an advisory body to the Council and the cable television
system franchise holder in resolving disputes and citizen complaints
relating to the service and the use of public access, municipal or
educational channels of the cable television system;
(l) To prepare an annual operating report to the Council in cooperation
with the franchise holder as to the status and progress of the cable
television system for the previous twelve (12) months;
(m) To recommend any changes and improvements in the Municipal Consent
Ordinance, provided that such changes are acceptable to the Council
as well as the franchise holder;
(n) To report regularly to the Mayor and the Council regarding the Board's
performance of its responsibilities; and
(o) To perform such other duties as are assigned to it by ordinance or
resolution of the City Council for the aid and assistance of the City
Council or other agencies.
(p) Work with, interact with, oversee (if applicable) and coordinate
with any entity that operates, oversees and/or administers the operations
of the Plainfield Cable Television Access Channel(s) as may be authorized
by the Governing Body.
[MC 2002-01, § 1, February 4, 2002]
All of the cable television franchise fees received by the City
from the subcommittee franchise holder shall be dedicated and appropriated
for operational costs and expenses of the municipal cable television
access channel(s).
[MC 1997-10, § 1, July 7, 1997; MC 1998-21, § 1,
July 6, 1998; MC 2002-01, § 1, February 4, 2002]
If any of the provisions of this section are inconsistent with,
or contrary to, the provisions of any Federal or State law or regulation
regarding the subject matter hereof, the provisions of such Federal
or State law or regulations shall govern and control.