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R-1876-9-00' RESOLUTION NO. 1876-9-00(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE AMENDED BY-LAWS OF THE CABLE TV AND TELECOMMUNICATIONS ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Cable TV and Telecommunications Advisory Cormmttee has reviewed the initial by-laws and recommended the approval of amended by-laws; and, WHEREAS, the City Council of the City of Allen, Texas, finds that the amended by-laws of the Cable TV and Telecommunications Advisory Committee attached hereto as Exhibit "A" are necessary and in the best interest of the citizens of Allen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The City Council of the City of Allen, Texas, hereby approves the amended by-laws of the Cable TV and Telecommunications Advisory Conur tree, a copy of which is attached hereto and made a part hereof for all purposes. SECTION 2: This Resolution shall become effective irmnediately from and after its passage. ' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 21sr DAY OF SEPTEMBER , 2000. APPROVED: XAC-?�z Stephen terrell, MAYOR ATTEST: Ju Mo u, CMC/AAE, CITY SECRETARY Amended By -Laws Adopted by City Council September 21, 2000 BY-LAWS CITY OF ALLEN CABLE TV/TELECOMMUNICATIONS ADVISORY COMMITTEE ARTICLE I AUTHORITY AND POWERS Section 1. Authori : As authorized by Ordinance No. 1340-6-95 of the City of Allen, Texas, this body shall be known as the Cable TV and Telecommunications Advisory Committee, known hereinafter as "the Committee". Section 2. Powers: The Committee has the purpose of advising and making recommendations to the City Council on cable television and telecommunications -related matters, and gathering information and public input on such matters. The Committee shall have no authority to make any binding decisions with respect to the rights or obligations of a franchisee, the city or any subscriber. ARTICLE II ORGANIZATION Section 1. The Committee shall comprise the number of members established by Ordinance. Section 2. Attendance: Absence from three (3) consecutive meetings without formal consent of the Committee shall be deemed to constitute the retirement of that member and shall be certified by the Chairperson to the City Council. Section 3. Officers: (a) Election: The Committee shall select annually from its members a Chairperson, Vice - Chairperson, and Secretary. Election of Officers shall be held at the regular meeting in October, or at the first meeting following the regular annual appointment by the City Council. (b) Duties of Chairperson: The Chairperson shall preside over meetings and shall be entitled to vote upon each issue. In addition, the Chairperson may recommend the establishment of ad hoc subcommittees and appoint members there to call special meetings; shall make reports, or delegate another member or members to make reports, to the City Council on behalf of the Committee as needed; and shall perform such other duties as usually pertains to his office or as may be enjoined upon him or her by the Committee. ' (c) Duties of Vice -Chairperson: In the absence of the Chairperson, the Vice -Chairperson shall assume all the duties of the Chairperson. ' (d) Duties of Secretary: The Secretary shall keep the minutes of all meetings, and in the Secretary's absence, the Chairperson shall designate another member to act as Secretary. The Secretary shall read once a year, at the first regular meeting following the appointment of Officers, the Cable Communications Ordinance. The Secretary may accept the assistance of City personnel in taking the transcription of the minutes, when available, but shall sign same officially before presenting same to the Committee for approval. Section 4: The Assistant to the City Manager shall be ex -officio member of the Committee, with the responsibility to participate in discussions but without the right to vote. The Assistant to the City Manager shall be responsible for the administration of the affairs of the Committee. The Assistant to the City Manager shall be responsible for preparation of the agenda and notification of meetings in accordance with the Open Meetings Law of the State of Texas. The Assistant to the City Manager shall maintain proceedings of all Committee meetings in a permanently bound meeting book on file at City Hall. The Assistant to the City Manager shall be responsible to keep Committee members informed on all department projects and activities; shall furnish copies of all pertinent documents to each Committee member for each meeting; and shall make regular reports concerning department activities at Committee meetings. Section 5: Committees ' (a) The Chairperson of the Committee, the Assistant to the City Manager shall be ex - officio members of all committees and may attend all meetings and as such shall be notified of all committee meetings. (b) Ad Hoc Subcommittees: The Committee may, as the need arises, authorize the appointment of ad hoc subcommittees. The Chairperson shall appoint the members of the ad hoc subcommittees subject to the approval of the Committee. Any subcommittee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Committee. (c) Advisory Subcommittee: Qualified voting citizens maybe asked to serve in an advisory capacity on subcommittees appointed by the Committee, subject to the approval of the City Council. ARTICLE III MEETINGS AND PROCEDURES Section 1. Meetings: ' (a) Meetings shall be conducted according to the Open Meetings Act of the State of Texas. Cable TV Advisory Committee By-laws -- Page 2 ' (b) Quorum: A majority of the members of the Committee, exclusive of the Assistant to the City Manager, shall constitute a quorum. (c) Regular Meetings: The Committee shall meet regularly at least bi-monthly with the date and time to be set by resolution of the Committee. Each meeting will be held in a public place with public notices as prescribed by law. (d) Special Meetings: Special meetings may be called by the City Manager, the Assistant to the City Manager, the Chairperson or by written request sent to the Chairperson or Vice -Chairperson by three (3) members of the Committee. Section 2: Procedures: (a) Agenda: The Agenda shall be prepared by the Assistant to the City Manager after consulting with the Committee Chairperson. The Agenda shall be fisted by topics of subjects to be considered by the Committee and mailed or hand -delivered three (3) days prior to the regular meeting. (b) Agenda Deadline: Any person including Committee members desiring to present a subject for the Committee's consideration shall advise the Assistant to the City Manager in writing no later than noon 12:00 p.m., five work days prior the meeting at which the subject is to be considered. (c) Order of Business: The Agenda for each meeting shall contain the Order of Business. For change in the Order of Business, a majority vote of the members of the Committee shall be required. (d) Emergency Business: Action on any new matter of business not specified on the Agenda shall be postponed until the next regular Committee meeting unless it shall be declared an emergency by majority vote and two (2) hour Public Notice has been given; then immediate action shall be taken only upon affirmative vote of a majority of members of the Committee. (e) Postponement of Action: Any Committee member may request that action of any business shall be held over until the next regular meeting. With a majority vote, request shall be binding on the Committee. (f) Oral Presentation by Assistant to the City Manager: Matters requiring the Committee's attention or action which have developed since the deadline for delivery of written communication to the Committee, may, upon approval of the Committee, be presented orally by the Assistant to the City Manager. If formal Committee action on a subject is required, such action shall be delayed until the next meeting, except that immediate ' action may be taken if approved by an affirmative vote of three (3) members of the Committee and in accordance with the Open Meetings Law of the State of Texas. Cable TV Advisory Committee By-laws -- Page 3 ARTICLE IV VOTING Section 1. Voting Method: Voting shall be done orally and by members present only. Section 2. Voting Required: No member shall be excused from voting except on matters involving the consideration of his own official conduct or where his financial interests are involved, or unless excused by the Committee for other valid reasons by a majority vote. Any member refusing to vote shall be entered on the record as voting nay. Section 3. Tie Vote: In the event of a tie in voting on any motion, the motion shall be tabled until the next scheduled meeting. Section 4. Majority Vote Required: Approval of every motion shall require the affirmative vote of a majority of members of the Committee present. Section S. Recording of Votes: The ayes and nays shall be taken upon voting of all motions and entered upon the official record of the Committee. Section 6. Unless otherwise stated herein, Robert's Rules of Order shall govern all deliberations ' of the Committee. ARTICLE V BY-LAWS Section 1. Suspension of Rules: Any provisions of these by-laws not governed by the Charter or Ordinance of the City of Allen may be temporarily suspended by an affirmative vote of a majority of the members of the Committee present. Section 2. Amendment: These rules maybe amended or anew rule adopted, by an affirmative vote of six or more members, provided the proposed amendments or new rules shall have been introduced into the record at a prior meeting. Cable TV Advisory Committee By-laws -- Page 4