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Ordinance No. 782ORDINANCE NO. 782 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING SECTIONS 2 -20 - 2 -27 INCLUSIVE TO CHAPTER 2, ARTICLE IV OF THE CODE OF THE CITY OF CYPRESS, RELATING TO THE ESTABLISHMENT OF THE CABLE TELEVISION COMMISSION. THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Sections 2 -20 - 2 -27 inclusive are hereby added to Chapter 2, Article IV of the Code of the City of Cypress as follows: Sec. 2 -20. Creation. In order to promote local programming on the city cable television system, there hereby is created a cable television commission. Sec. 2 -20.1. Composition. The cable television commission shall consist of five (5) members. No officers or employees of the city or persons under an employment contract subject to the jurisdiction of the city council shall be members of such commission. Sec. 2 -21. Oath of office. All members of the cable television commission shall be required to take an oath of office as approved by the city council prior to commencing their term of office. sec. 2 -22. Appointment of members The mayor shall appoint the members of the cable television commission, with a majority of confirmation by the city council. The City Manager or his designee shall be a permanent ex officio member of the commission and will serve as secretary to the commission. A representative of the cable franchisee and of the cable television consortium representing the Cypress education institutions shall be ex officio members of the cable television commission. No ex officio member of the cable television commission shall be entitled to vote. Sec. 2 -22.1. Term of office. The term of office for the members of the cable television commission shall be four (4) years for all members, except that two (2) commissioners shall be first appointed for two (2) years and three (3) commissioners shall be first appointed for four (4) years. All succeeding terms shall be for a period of four (4) years. Members shall serve until their successors are qualified and take office. No member shall serve more than two (2) successive full and /or partial terms on the cable television commission; provided that the two year period served by two (2) members of the cable television commission commencing with the approval of this article shall not be counted as a full or partial term for the purposes of such two -term limitation. Sec. 2 -22.2. Removal. If a member of the cable television commission shall be absent from three (3) consecutive regular meetings of the commission without cause, the office of such member shall be vacant and the term of such member ipso facto terminated, and the city clerk shall immediately inform the city council of such termination. An absence due to illness or unavoidable absence from the city and written notice with explanation thereof to the city clerk on or before the day of the regular meeting by the commission shall be absence for cause. Sec. 2 -23. Meetings. The cable television commission shall meet regularly at least once a month in the city chambers in the city of Cypress, except as authorized by the city council or as otherwise provided by law. Special meetings may be called by the chairman or the majority of the members of the commission. All meetings shall be open to the public except as otherwise authorized by the laws of the State of California. Regular minutes of such meetings shall be maintained by the commission and available for public inspection at all times. Sec. 2 -24. Organization. The cable television commission shall elect one of its members as chairman and one of its members as vice - chairman, who shall hold office for one (t)( #year and until a successor is elected. The commission shall establish such rules and regulations as it deems necessary for governing itself and for the performance of its duties. Such rules and regulations shall not be inconsistent with the laws of the state or the ordinances of the city. Sec. 2-24.1. Compensation. Members of the cable television commission shall receive such compensation as provided by resolution of the city council. Sec. 2 -25. Duties. The cable television commission shall advise the city council concerning local programming by community groups, agencies and individuals on the access channels of the cable television system of the city, including promotion and fostering cooperation in the use of the cable system for such local programming and monitoring and advising on the administration of the access grant program. The cable television commission shall also review and make recommendations to the city council on any matter per- taining to cable television as requested and directed by the city council. Sec. 2 -26. Commission qualifications. All members of the cable television commission shall be qualified registered voters. Sec. 2 -27. Public hearings. Whenever the cable television commission determines, by a two- thirds majority of those members present, that its deliberations with respect to a particular matter or matters would Le substantially aided by the presentation of testimony from the citizens of the city, or of a certain area of the city, the commission may direct that a public hearing be held concerning such matter or matters. Notice of such a hearing shall be provided by publication in a newspaper of general circulation published in the City of Cypress and /or by posting the same in at least three (3) public places, not later than seven (7) days prior to the date of the hearing. Such hearings shall be conducted in accordance with the rules established for the conduct of hearings before the city council unless the council, by resolution, shall otherwise provide. SECTION 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason. held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions of the application thereof to any person or place, be declared invalid or unconstitutional. SECTION 3. The City Clerk is hereby authorized and directed to certify as to the passage of this ordinance and to give notice thereof by causing copies of this ordinance to be posted in three public places throughout the City. FIRST READ at a regular meeting of the City Council of said City held on the 10th day of August 1967, and finally adopted and ordered posted at a regular meeting held on the 24th day of August 1987. ( Mayor of t City of Cypress 1 ATTEST: //) C 1 rk o the City o STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) .J Cypress I, DARRELL ESSEX, City Clerk of the City of Cypress, California, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Cypress, held on the 24th day of August , 1987; by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Arnold, Davis and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 2 COUNCIL MEMBERS: Coronado and Mullen City Clerk of t e City f Cypress