A. The telecommunications review committee shall have the following duties and responsibilities:
1. To prepare and establish guidelines governing the submission of applications for funding requests from the telecommunications nonreverting fund and to develop a set of standards and rules concerning purposes for which funds may be expended. Such guidelines shall be submitted to the city council and the county commissioners for final approval;
2. From time to time, as requested by the director of the department of community development, the telecommunications commission, or the county commissioners, to review applications for funding and make funding recommendations to the appropriate governmental bodies as more particularly set forth below;
3. To make an annual report to the common council of the city, the Bartholomew County commissioners and the Bartholomew County council on activities of the telecommunications review committee and the status of the respective city and Bartholomew county nonreverting funds;
4. To promptly consider and make a recommendation either in favor of or in opposition to applications for funding requests.
a. With respect to the city, the following shall apply:
i. From time to time, the telecommunications review committee may take official action by granting or denying application packages and funding recommendations that have been submitted. Those portions of such applications and funding recommendations that pertain to the city's fund, if approved, shall be certified, within thirty days, to the common council for final approval. If an application or funding recommendation has been denied then that portion which pertains to the city's fund shall be certified, within thirty days, to the common council only upon the written request of the applicant. In the event that such application does not receive a majority vote, the application shall automatically be certified within thirty days to the common council. The telecommunications review committee shall determine what portion of the application applies to the city and what portion applies to the county. In the event that an application is finally approved by only the city council, then the funds for the cost of such application shall be paid for solely out of the revenue from that governmental entity's share of the fund.
ii. Annually, the members of the telecommunications review committee shall be obligated to develop a set of standards and applicable rules concerning the processing of grants and the purposes and goals for which the grant money will be utilized. Such standards shall include a limitation of the total annual amounts being limited to a maximum of the annual interest earned on the principal of the fund. However, this limitation shall not restrict the common council from approving grants in excess of the interest earned. All approved grants shall be required to receive a majority vote of the members of the telecommunications review committee.
b. With respect to the county, the following shall apply:
i. From time to time, take official action by granting or denying applications for funding requests that have been submitted to the telecommunications review committee;
ii. Applications which are approved or which do not receive a majority vote by the telecommunications review committee shall be certified within thirty days, to the county commissioners for final approval. Applications which are denied by the telecommunications review committee shall be certified to the county commissioners only upon the written request of the applicant. In the event that the county commissioners approve the request, it shall be forwarded to the county council for the appropriation of funds from the county's nonreverting fund, to pay the county's portion of such request. If the county commissioners deny the request it will not be forwarded to the county council;
iii. In the event that an application would be approved by the county, but denied by the city, the application shall be returned to the county commissioners for a hearing to determine whether the county is willing to fund the entire cost of the application solely from the county's portion of the funds. If the county commissioners approve utilizing only county funds to fund the application, the county council shall appropriate the necessary funds from the county's nonreverting fund. If the county commissioners deny the application it shall be deemed denied and shall not be forwarded to the county council.
B. The department of community development shall provide staff support to the telecommunications review committee, the board of public works and safety and common council regarding activities of the telecommunications review committee and the status of the city's and county's nonreverting funds.
C. The common council of the city shall have the following duties and responsibilities as it relates to the telecommunications review committee and to those funds in the city's nonreverting fund:
1. To take final action by resolution affirming, modifying or denying the recommendations of the telecommunications review committee. Any resolution by the city council is deemed to be final action on such application as it pertains to those funds in the city's nonreverting fund;
2. To review the annual Bartholomew-Columbus telecommunications commission's budget. The annual commission budget shall be submitted to the county council for review and approval even though no tax money will be used to support the telecommunication commission's operations;
3. To provide, for the use and benefit of the telecommunications commission, an amount not to exceed one-half of the city's pro-rata share of the annual franchise fee paid by the franchisee (cable operator) to fund the operating budget (administrative expenses, e.g., travel, supplies, salary, educational materials, etc.) of the telecommunications commission to enable the commission to carry out its duties under the ordinance creating the commission and the cable television franchise agreement.
D. The county commissioners shall have the following duties and responsibilities as it relates to the telecommunications review committee and to those funds in the county's nonreverting fund:
1. To take final action by resolution affirming, modifying or denying the recommendations of the telecommunications review committee. Any resolution by the county commissioners is deemed to be final action on such application.
2. To review the annual Bartholomew-Columbus telecommunications commission's budget. The annual commission budget shall be submitted to the county commissioners and county council for review and approval even though no tax money will be used to support the telecommunication commission's operations.
3. To provide, for the use and benefit of the telecommunications commission, an amount not to exceed one-half of the county's pro-rata share of the annual franchise fee paid by the franchisee (cable operator) to fund the operating budget (administrative expenses, e.g., travel, supplies, salary, educational materials, etc.) of the telecommunications commission to enable the commission to carry out its duties under the ordinance creating the commission and the cable television franchise agreement.
E. The county council shall have the following duties and responsibilities as it relates to those funds in the county's nonreverting fund:
1. To direct the disbursement of moneys constituting the fund held by the treasurer;
2. To make funds available to the telecommunications commission or others in the community as it deems fit and proper. (Ord. 99-8 § 3, 1999)