Pursuant to the provisions of Title 1, Division 7, Chapter 5 of the Government Code, (commencing with Section 6500), there shall be established a separate and distinct public agency to be known as the Sacramento Metropolitan Cable Television Commission (herein referred to as the "Cable Television Commission" or "Commission").
(SCC 488 § 1, 1981)
The Cable Television Commission shall be formed by and consist
of, as members, the County and the Cities.
(SCC 488 § 1, 1981)
The powers and authority of the Sacramento Metropolitan Cable
Television Commission shall be vested in a Board of Directors which
shall consist of a minimum of the following members.
A.
Five
members of the Board of Directors shall be members of the Governing
Body of the County.
B.
One
member of the Board of Directors shall be a member of the Governing
Body of one of the cities within the County of Sacramento that is
a member of the Commission and whose population is less than 80,000
people. The member shall be appointed by and serve at the pleasure
of the Governing Bodies of the appointing cities. All member cities
whose populations are each less than 80,000 shall be represented by
this member of the Board of Directors.
C.
So
long as a city with a population less than 80,000 is a member of the
Commission, three members of the Board of Directors shall be members
of, appointed by and serve at the pleasure of the Governing Body of
the City of Sacramento.
In the event that no city with a population less than 80,000
people is a member of the Commission, four members of the Board of
Directors shall be members of, appointed by and serve at the pleasure
of the Governing Body of the City of Sacramento.
D.
One
member of the Board of Directors for each city, other than the City
of Sacramento, that is a member of the Commission and whose population
is equal to or greater than 80,000 people. Each member of the Board
of Directors who represents such a member city shall be a member of
the Governing Board of that city and shall be appointed by, and serve
at the pleasure of, the Governing Board of that City.
E.
Each
member of the Board of Directors shall be authorized to appoint a
personal representative to attend meetings of the Board in the absence
of the member, and, during such meetings, vote and exercise all other
powers of the member. Such an appointment shall be effective when
the member files with the Clerk of the Board of Directors a written
notice executed by the member which identifies by name and residential
address the personal representative who has been appointed. Personal
representatives shall serve at the pleasure of the members who appoint
them, and such appointments may be revoked by the filing of written
notice of revocation with the Clerk of the Board of Directors signed
by the member and reciting revocation of the appointment of a designated
representative. In the event of removal from the Board of Directors
of a member who serves at the pleasure of a Governing Body, such removal
shall automatically effect removal of any personal representative
which that member has appointed.
F.
For
purposes of this section, a city's population shall be as estimated
by the California Department of Finance as of January 1 of each year
for the preceding year. Modifications to Board membership based on
population changes shall be made on July 1, or as soon thereafter
is feasible, following the January 1 estimates provided by the Department
of Finance.
(SCC 488 § 1, 1981; SCC
1095 § 5, 1997; SCC 1694 § 1,
2022)
Any member of the Board of Directors may resign by giving written
notice filed with the Clerk of the Board of Directors.
If the resigning member is a member of the Governing Body of
the County, the successor to that member shall be selected by and
shall serve at the pleasure of the Governing Body of the County. Said
successor need not be a member of the Governing Body of the County.
If the resigning member is a member of the Governing Body of
the City of Sacramento, the successor to that member shall be selected
by and serve at the pleasure of the Governing Body of the City of
Sacramento. Said successor need not be a member of the Governing Body
of the City of Sacramento if no member of said governing body is willing
to serve on the Board of Directors.
If the resigning member is a member of the Governing Body of
one of the member cities whose population is less than eighty thousand,
the successor to that member shall be appointed by and serve at the
pleasure of the Governing Bodies of the cities represented by this
member. Said Successor need not be a member of the Governing Bodies
of one of these cities if no member of the Governing Bodies is willing
to serve on the Board of Directors.
If the resigning member is a member of the Governing Body of
a member city whose population is equal to or greater than eighty
thousand, the successor to that member shall be appointed by and serve
at the pleasure of the Governing Body of the city represented by this
member. Said Successor need not be a member of the Governing Body
of this city if no member of the governing body is willing to serve
on the Board of Directors.
(SCC 603 § 1, 1984; SCC
1095 § 6, 1997)
The Cable Television Commission shall become operable and be fully competent to exercise the powers and authority vested therein 31 calendar days following the date of selection of the Franchisee for the Initial CATV Franchise pursuant to the provisions of Section 5.50.210 in Sub-Chapter 3.
(SCC 488 § 1, 1981)
The purposes of the Cable Television Commission shall be as
follows:
a.
To
administer pursuant to the terms and conditions of the Franchise Documents,
the Initial CATV Franchise and any franchise subsequently issued pursuant
to the provisions of this chapter;
b.
To
exercise any and all other powers conferred by the Franchise Documents.
c.
To
administer and enforce the Digital Infrastructure and Video Competition
Act of 2006.
(SCC 488 § 1, 1981; SCC
1383 § 2, 2008)
The Board of Directors of the Cable Television Commission shall
be authorized to form and appoint advisory and other committees of
citizens, officials or representatives of concerned interests, and
delegate to each committee such powers and authority vested in it
by the terms of this chapter as it deems appropriate; provided that
the Board of Directors shall reserve the right and authority by means
of appeal or otherwise, to make the final decision upon any matter
relating to issuance or termination of a franchise issued pursuant
to the provisions of this chapter or the administration thereof upon
which a discretionary determination is authorized or required by the
provisions of this chapter.
(SCC 488 § 1, 1981)
The Sacramento Metropolitan Cable Television Commission was
previously created by the County and Cities. Enactment of this chapter
and amendments thereto constitutes approval by the Governing Bodies
of the County and Cities of the terms of the amended and restated
agreement of formation.
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Amended and Restated Agreement of Formation
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Sacramento Metropolitan Cable Television Commission
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THIS AMENDED AND RESTATED AGREEMENT is made and entered into
pursuant to the provisions of Section 6500 et seq. of the Government
Code of the State of California by and between the County of Sacramento,
herein referred to as "County"; and the City of Sacramento and cities
of Citrus Heights, Elk Grove, Folsom, Galt, and Rancho Cordova, herein
referred to as "Cities"; who do hereby mutually agree as follows:
1.
Establishment.
There is hereby created an organization known and denominated as the
Sacramento Metropolitan Cable Television Commission, which shall be
a public entity, separate and apart from the County and Cities. The
Sacramento Metropolitan Cable Television Commission (hereinafter referred
to as "Commission") shall be governed by the terms of this Agreement,
the terms of an ordinance enacted by each agency which enters into
this Agreement which is entitled "Cable Television Ordinance", and
is hereinafter referred to as the "Ordinance", and by such rules as
are duly passed and adopted by the Board of Directors of the Commission.
2.
Board
of Directors. The Commission shall be governed by and the powers of
the Commission vested in a Board of Directors. The number of members
of the Board of Directors, composition thereof, and tenure of Directors
shall be prescribed by Sub-Chapter 2 of the Ordinance.
a.
Meetings of the Board of Directors and/or such advisory or other
committees as the Board may appoint, shall be government by the provisions
of the Ralph M. Brown Act (Government Code Section 54950 et seq.).
The Board of Directors shall establish a time and place for its regular
meetings, which shall be held not less frequently than once per year.
b.
A majority of the members of the Board of Directors shall constitute
a quorum for the purpose of transacting business.
c.
No action taken by the Board of Directors shall be effective except
by duly adopted motion receiving the votes of a majority of the Directors
of the Board.
d.
The Board of Directors shall annually elect its Chairperson and Vice-Chairperson.
e.
The Clerk of the Board of Supervisors of the County or other person
retained by the Board shall serve as Clerk to the Board of Directors,
shall be responsible for recordation of the official actions by the
Board, and shall be the official custodian of all records of the Board
of Directors.
The County may determine reasonable charges to be made against
the Commission for the services of the Clerk and the Commission shall
pay such charges.
3.
Powers.
The Board of Directors of the Commission shall be vested with the
following powers:
a.
To employ or retain in the name of the Commission an Executive Director
and such other personnel as the Board of Directors deems appropriate.
The Executive Director shall be appointed by and serve at the pleasure
of the Board of Directors;
b.
To make and enter into contracts in the name of the Commission as
authorized by or in order to carry out the objects or purposes of
this Agreement or the Ordinance, including, but not limited to, contracts
with the County providing for provision by County personnel of services
for the Commission and reimbursement of the County by the Commission
of the costs thereof;
c.
To acquire in the name of the Commission, take title to, hold and
dispose of real and personal property;
d.
To incur in the name of the Commission debts, liabilities and obligations,
which shall not constitute debts, obligations or liabilities of any
of the member agencies;
e.
To accept in the name of the Commission grants, gifts and donations
in the public interest to carry out the purposes and functions of
the Commission;
f.
To establish and provide for the payment of reasonable compensation
to its members or their personal representatives for performance of
the duties of office; and
g.
To exercise such other powers as are expressly conferred by the provisions
of this Agreement or the Ordinance.
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The Board of Directors shall also be authorized to sue in the
name of the Commission. The Commission shall be subject to suit in
its name.
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4.
Limitations.
Pursuant to the provisions of Government Code section 6509, "the powers
of the Commission are subject to the restrictions upon the manner
of exercising such powers of one of the designated member agencies."
For such purposes, the City of Sacramento is hereby designated.
5.
Budget.
Prior to July 1st of each fiscal year, the Board of Directors shall
adopt a preliminary budget. Prior to September 1st of each fiscal
year, said Board shall adopt a final budget.
6.
Payments.
Not later than the first day of August of each year during the term
of this Agreement, the Commission shall distribute to the County and
Cities who are members of the Commission the difference between: (i)
the revenue required to finance the costs of operations incurred in
accordance with the Commission's Budget (including a reserve for contingencies)
for the fiscal year ending on the prior June 30; and (ii) the revenues
from franchise fees actually received by the Commission for the same
fiscal year. Revenues from sources other than franchise fees shall
be utilized and distributed as required by the source of the funds.
The franchise fees shall be paid to the County and Cities who
are members of the Commission in the same proportion as the ratios
which the population of the unincorporated area of the County and
incorporated area of the Cities bear to the total population of Sacramento
County, excluding the City of Isleton, as disclosed by the most recent
Federal Decennial Census and as updated by the California Department
of Finance January 1st of each calendar year.
7.
Treasurer.
The Treasurer of the County shall be the depository of funds of the
Commission, and said Treasurer shall be the ex officio Treasurer of
the Commission.
The Treasurer shall receive and have custody of and disburse
Commission funds on the warrant of the Auditor and shall make disbursements
authorized by this Agreement. The Treasurer shall invest Commission
funds in accordance with the general law. All interest collected on
Commission funds shall be accounted for and posted to the account
of said funds.
The County may determine reasonable charges to be made against
the Commission for the Services of the Treasurer, and the Commission
shall pay such charges.
8.
Auditing.
The Auditor of the County shall be the ex officio Auditor of the Commission,
and shall draw warrants against the funds of the Commission when the
demands are approved by the Executive Director or his designee. At
the close of each fiscal year, as provided in Government Code section
6505, the Directors may contract with a public accountant or certified
public accountant to make an audit of the accounts and report of the
Commission.
The Auditor shall establish and maintain such funds and accounts
as are deemed necessary to account for and report on receipts and
disbursements. The Commission shall keep such additional records and
accounts which are deemed necessary to account for and report on sources
of funds, expenditures, grants and programs as may be required by
good accounting practices. The books and records of the Commission
shall be open to inspection at all reasonable times by representatives
of the member agencies.
The County may determine reasonable charges to be made against
the Commission for the services of the Auditor, and the Commission
shall pay such charges.
9.
Term.
Except as hereinafter provided, this Agreement shall terminate and
the Commission shall be deemed dissolved upon a two-thirds vote of
the member agencies. Notwithstanding the foregoing, a member agency
may withdraw from the Commission with at least one year's prior written
notice. Upon withdrawal, the member agency shall be liable for its
proportional share of Commission liabilities, including any retirement
benefits obligations, in the same proportion as distributions to member
agencies have most recently been made pursuant to the provisions of
Paragraph 6, above. Such member agency shall not receive or have any
right to any share of Commission assets.
10.
Disposition of Assets. Upon dissolution of the Commission, its remaining
assets, after satisfying all liabilities, including any retirement
benefits obligations, shall be distributed to member agencies in the
same proportion as distributions to member agencies have most recently
been made pursuant to the provisions of Paragraph 6, above unless
the member agencies agree to a different distribution. Any real property
owned by the Commission shall, in advance of dissolution, be conveyed
by the Board of Directors to member agencies as tenants in common
with proportional interests equal to the proportion of distributions
most recently made pursuant to the provisions of said Paragraph 6
unless the member agencies agree to a different distribution.
11.
Debts. Except to the extent provided by law, the debts, liabilities
and obligations of the Commission shall not constitute any debts,
liabilities or obligations either jointly or severally of the County
or any city.
12.
Amendment. This Agreement may be amended by written contract approved
by and executed in behalf of the Governing Bodies of each member agency.
No Franchisee or other person or entity shall be deemed to either
expressly or impliedly be a party to this Agreement, a third party
beneficiary thereof, or to have any interest which precludes amendment
of the terms of this Agreement in any manner in which the Governing
Bodies of the member agencies, in their discretion, may mutually agree.
IN WITNESS HEREOF the parties hereto have approved and executed
this Agreement as follows.
(SCC 488 § 1, 1981; SCC
556 § 1, 1983; SCC 1340 § 1,
2006; SCC 1694 § 2, 2022)
Any city within Sacramento County that wishes to become a member
of the Commission shall:
a.
Enact
this chapter in a form identical to the form of this chapter as it
exists on the date the City enacts this chapter.
b.
Adopt
or indicate its acknowledgment and agreement to, as applicable, all
other applicable ordinances and resolutions including but not limited
to the Amended and Restated Franchise Resolution, as amended.
(SCC 1095 § 7, 1997)
