From and after the effective date of this chapter, there shall be and
is hereby created a Franchising Authority of the Borough of Mount Oliver,
which shall hereafter be referred to as the "Franchising Authority." It shall
contain such powers and duties as are set forth in this chapter and in the
provisions of the Cable Act. In the event that any duties or responsibilities
provided for in this chapter conflict with or are contradictory to the provisions
of the Cable Act, the provisions of the Cable Act shall prevail.
The Authority shall consist of three (3) members appointed by the Borough
Council. Each member shall hold a term of office for three (3) years; provided,
however, that the first person appointed to the Authority under the provisions
of this chapter shall hold office for a term of three (3) years or until the
first Monday of January of the year 1996, at which time the term of office
shall terminate; the second person chosen as a member of the Authority under
the provisions of this chapter shall hold office for a period of two (2) years
or until the first Monday of January of 1993, at which time the appointment
shall terminate; the third person appointed to the Authority under the provisions
of this chapter shall hold office for a term of one (1) year or until the
first Monday of January of 1994, at which time the term of office shall terminate.
Thereafter, and as each term of office expires or terminates, new appointees
shall be designated and appointments made to the Authority, so that at all
times the Authority shall consist of three (3) members. In the event that
a vacancy shall occur in the membership of the Authority, the Borough Council
may, by motion, appoint a person to fill the remaining term of the office
thus vacated. Members of the Authority shall be residents of the Borough of
Mount Oliver for a period of at least one (1) year and shall hold no office
or employment within the Borough of Mount Oliver; at least one (1) member
of the Council of the Borough of Mount Oliver may be a member of the Authority.
No person employed in the communications business or employed or associated
in any manner with the cable television industry or the television industry
shall be eligible for appointment. For these purposes, any employment wherein
the employee holds managerial, directive or some other discretionary decisionmaking
authority with the aforementioned industries shall be ineligible for appointment.
The Authority shall meet at such time and place as shall be designated
from time to time by the Authority.
The Borough Council of the Borough of Mount Oliver shall annually, at
its budget-making process and during the same, provide and allocate to the
Authority sufficient funds to pursue, enforce and otherwise deal with the
Authority and powers granted to it hereunder.