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ORD 35761 - Amend section 19-432 of municipal code re membership on CTAC • F B,7 REC IVE ULi 46.. A ,I Law Department 11P.5^" � Omaha/Douglas Civic Center ®11,� � ro 0 1 OCT -9 n�,� � 1819 Famam Street,Suite 804 o. . . Omaha,Nebraska 68183-0804 � ^ (402)444-5115 oR�rEo FEsa�*�; c i r v , Telefax(402)444-5125 C City of Omaha 0�''�A H A, N;��IZ�;.5��., Paul D.Kratz Mike Fahey,Mayor City Attorney Honorable President and Members of the City Council, The attached Ordinance is requested by the Chairman of the Council Law Department Committee. The Ordinance reduces the number of members on the Omaha Cable Television Advisory Committee from 11 to 9. The additional two member positions were reserved for persons who lived outside the City but subscribed to companies who formerly held cable television franchises with the City. Those franchises have been merged into the Cox Communications franchise and the Ordinance's terms are outdated. In addition, outdated language describing the initial formation of the Committee is eliminated. If this Ordinance is adopted, the Advisory Committee will consist of one member from each City Council district and two residents living anywhere in the City who subscribe to cable services. Respectfu s mitted, /407-0WO omas O. Mumgaard Deputy City Attorney P:\Lawl\6287pjm.doc ORDINANCE NO. VSZ/ AN ORDINANCE to amend section 19-432 of the Omaha Municipal Code pertaining to membership on the Omaha Cable Television Advisory Committee; to reduce the membership from 11 to 9 members by eliminating outdated references to representatives of subscribers to companies that no longer hold cable franchises with the City; to repeal the section as previously existing; and to provide an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMA_HA: Section 1. Omaha: Municipal Code section 19-432 is hereby amended to read as follows: Sec. 19-432. Membership. (a) There is hereby created the Omaha Cable Television Advisory Committee (hereinafter referred to as "the committee") whose members shall serve without pay, and whose members shall be appointed by the council not before six months subsequent to the commencement of service by the grantee of a franchise to furnish cable telev;sio s it- i,, tl,e city, (b) The committee shall consist of-14-9 members selected as follows: (1) NifieSeven residents of the city who, in the aggregate, shall reflect the diverse population of the city. (2) Two persons who reside within the city's zoning jurisdiction, one of whom shall be a subscriber of Douglas County Cablevision, Inc., or its successor franchisee, and one of whom shall be a subscriber of United Cable Television of Sarpy County, Inc., or its successor franchiseccorporate limits shall be considered as at-large members and must be subscribers of a grantee of any cable television franchise serving the City of Omaha. (3) One resident from each council district shall be appointed. Every effort shall be made to select individuals knowledgeable in the cable television industry. (c) No member of the committee shall be employed by or have an interest in the grantee of any cable television franchise. (d) Lay members shall serve three-year terms. Initial terms shall be for one, two or three years, determined by lot as follows: Ordinance No. '9a/ Page 2 (1) Two members shall serve for a one year term. (2) Three members shall serve for a two year term. (3) Three members shall serve for a three year term. Any vacancy shall be filled by the council for the remainder of the term. (e) All subsequent terms shall be filled by appointment or reappointment by majority vote of the city council; provided that, at all times, at least one resident from each council district shall fill a term on the committee. (f) The committee shall, prior to conducting any business, first select from among its members a chair and secretary by majority vote. (1) It shall be the function of the chair to preside over all meetings and public hearings held by the committee and to designate a member to so • act in his absence. (2) It shall be the function of the secretary to duly record the minutes of any meeting held by the committee and transmit the same, together with any other record, to the city clerk. Section 2. This Ordinance shall be in full force and take effect fifteen days from and after its passage. INTRODUCED BY COUNCILMEMBER APPROVED BY: MAYOR OF THE CI OF OMAHA DATE PASSED OCT 3 0 2001 p ATTEST: / .// ,Dt$° Y CITY CLERK OF THE TY OF OMAHA DATE APPR ED AS TO FORM: 0 o -.S'-::b/ CITY ATTO Y DATE P:\Law1\6288pjm.doc- ` REQUEST TO LAW DEPARTMENT For Law Department Use Only TO: Paul D. Kratz, City Attorney tf; Log`Book #: 259-01 = COUNCIL DATE: September 17, 2001 =? Date Assigned:9/1 R/01 Assigned to: NQII")GAARD Answered/Sent Out: /0-S,oi v • Withdrawn: REQUEST BEING MADE BY: On behalf o un e er Dan Welch R.. ustin, Council Staff Assistant 4567 (Department) (Phone) TIME LINE (Due Date): Council Agenda of October 9, 2001 (12 Working Days from Date Received by Law Department) REQUEST FOR: Ordinance to Amend Section 19-432 of the Omaha Municipal Code (State Specifically What You Are Requesting) DETAILS: Councilmember Dan Welch, Chairman of the Council Law Department Committee, requests that an ordinance be prepared for first reading at the City Council meeting of October 9, 2001 . This ordinance would amend Section 19-432 of the Omaha Municipal Code by reducing the Cable Television Advisory Committee membership from 11 to 9 persons. One (1) member would be appointed from each of the City's seven Council districts, and two (2) additional members would be appointed who reside within the corporate limits of the City of Omaha and would serve as at-large members. The existing Section 19-432 - Membership (Section (b)) should be amended as follows: (b) The committee shall consist of 1-1- 9 members selected as follows: (1) Nine seven residents of the city who, in the aggregate, shall reflect the diverse population of the city. (2) Two persons who reside within the city's zoning jurisdiction, one of whom shall be a subscriber of Douglas County Cablevision, Inc., or its successor franc lis , d � h I Ilan-be a-cubooriber of Uniced Cable Television of Sarpy County, Inc., or its successor franchisee. corporate limits shall be considered as at-large members and must be subscribers of one of the current cable television franchise holders serving the city of Omaha. If you have any questions concerning the intent of this request, please contact me at ext. 4567. INFORMATION ATTACHED: YES X NO NONE AVAILABLE wl c: Councilmembers, City Clerk, Paul Landow-Mayor's Office, Council Staff § 19-431 OMAHA CODE I benefit ratio. The city is firmly committed to (d) Lay members shall serve three-year terms. meeting that duty in the most effective manner.It Initial terms shall be for one, two or three years, is with this intent that the city determines there determined by lot as follows: exists the need for the creation of a cable televi- (1) Two members shall serve for a one-year sion advisory committee for the express purpose term. of advising the council on matters related to cable television. (2) Three members shall serve for a two-year (Code 1980, § 19-431) term. (3) Three members shall serve for a three- year term. Sec. 19-432. Membership. Any vacancy shall be filled by the council for the remainder of the term. (a) There is hereby created the Omaha Cable Television Advisory Committee (hereinafter re- ferred to as "the committee") whose members shall serve without pay, and whose members shall be appointed by the council not before six months subsequent to the commencement of service by the grantee of a franchise to furnish cable televi- sion services within the city. (b) The committee shall consist of.4rmembers selected as follows: 7 (1) Nine residents of the city who, in the aggregate, shall reflect the diverse popu- Be cON 5 t r7L I Q lation of the city. SN (2) Two persons who reside within the city's Cor 5 (2i R5 °� c: ,D 5 jefLuI N 1 - C����1N�"'"' 614156-7.onG of whom ehll las a suhsz s wine. or i+� c»rrn n nr f,.,1.,.1.;GGt G LTI o� ©/ �� ' 1 11 i (3) One resident from each council district • shall be appointed. Every effort shall be made to select individuals knowledgeable in the cable television industry. (c) No member of the committee shall be em- ployed by or have an interest in the grantee of any cable television franchise. Supp.No. 3 CD19:54 0 V 0 'D .. N co a W C ' N N CO i "1ii D"'� 1�1 ' N\ Z Z i O o o a i-iZ Z Z Z 0 n m 1 CU -� 0 v o C (D, Et a nn) co w Z J�j �� noQa � 2c - ter`' O X CA „m RI 0 — r, = orDo50m 70 \. 0 0 p n' LA r* n, n ,,,,Cr -I 5 -, 5 5 � . cn 2 ocino0v' < ,rt to n- Z 1-4 Z t —I a CD 0 o. o o )2, a ra Q ca 0 w 5 n o D � R+ r" CiD c, —4 ai a) (7 z \ \ rr b : Uu 73 DJ 0 t • \ < n. \\ W '� w Xn Nc ►�� 0 � o R- z - o -, -, a to o CU (D `D . I NOTICE TO PUBLIC" THE DAILY RECORD The following hea Orhearing c has been set for OF OMAHA City Council hearing on October 23,2001, at 2:00 o'clock p.m., in the Legislative Chambers, Omaha/Douglas Civic Center, RONALD A. HENNINGSEN,Publisher 1819 Farnam Street, at which hearing all PROOF OF PUBLICATION persons interested,spay Ibe!heard. AN ORDINANCE to rnagtii section 19-432 of the Omaha Munidip ode pertaining to UNITED STATES OF AMERICA, membership on theOhiaha4apleTelevision Advisory Committee to`.-'reduce the The State of Nebraska, membership from 1F_-4.0. members by District of Nebraska, ss, eliminating outdatbd references to County of Douglas, representatives of subscribers to companies City of Onie1 , that no longer hold cable franchises with the City; to repeal the section as previously existing;and to provide an effective date. JOHN P. EGLSAER BUSTER BROWN, City Clerk being drily sworn,deposes and says that he is 10-19-01 ADVERTISING MANAGER of THE DAILY RECORD,of Omaha,a legal newspaper,printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on October 19, 2001 That s aper during that time was regularly published and in g I, n in the County of Douglas, and State of Ne a,...»......,if" / .c))1 lr's Fee $ ... _19th • ARMY m I �' i: •••S bscribed in nay resence and sworn to • • EXPi R!=$14. 0 before me this day of *eV $ i, October 01 J,t<41 6. 20p�' 'OF NEB%r ' .. .... Notary c and t County, tate of eb • r� ~ THE DAILY RECORD "NOTICE TO PUBLIC" 1 �>; ORDINANCE NO.35761 AN ORDINANCE to amend section 19-432 OF OMAHA • of the Omaha cipal Code pertaining to 1 membershipre Omaha Cable Television RONALD A. HENNINGSEN,Publisher Advisory Committee; to reduce the membersh tc PROOF OF PUBLICATION r �,_.ers by elimin J� ,, '' 4.°Tub_.. to represen if 4a. '< 1y 1•••nies UNITED STATES OF AMERICA, that no longs rv:; ;ra Ori ' r the r City; to repeal:_''_;y- Ton as Iprr usly The State of Nebraska, existing;and to p!VIA an effective re. District of Nebraska, as. SUMMARY: County of Douglas, AN ORDINANCE to amend section 19-432 City of of the Omaha Municipal Code pertaining to membership on the Omaha Cable Television Advisory Committee; to reduce the { JOHN P. EGLSAER membership from 11 to 9 members by ' eliminating outdated references to being duly sworn,deposes and says that he Is representatives of subscribers to companies that no longer hold cable franchises with the City; to repeal the section as previously ADVERTISING MANAGER existing;and to;-proyide an effective date. PASSEDve tobtktio,2001,7-0 APPROVE2Y4; � of THE DAILY RECORD,of Omaha,a legal{ ga newspaper,printed and MIKE FA- .- __•:�_ 11/1/01 published daily in the English language, having a bona fide paid MAYOR OF -� circulation in Douglas County in excess of 300 copies, printed in ClW OF OMA ' BUSTER BROWN, Omaha,in said CountyDouglas,for more than fifty-two of weeks last City Clerk past; that the printed notice hereto attached was published in THE l 11-7-01 DAILY RECORD,of Omaha,on Nay.emb.ex 7, 2001 That said New aper during that time was regularly published and in ge Aic n in the County of Douglas, and State of tt.�P r•GCenvies.� R,4 �,,, a dde�li onal�COMMIS ,, in my p.. .ce and sworn to AV I ° EXF1Rt!3 21.F50 �' $ s .• me this November 7th1 01 daya �lq�Of",..ga`3,Q Notary4......stg.... c5. ... County. braska