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The construction, acquisition, improvement, operation, maintenance, and disposal of the utility under this chapter shall be supervised and controlled by the Board of Public Works provided, however, that all programming and editorial decisions shall be made by the Cable Programming Board as provided in § 53.04 hereof. The Cable Programming Board shall also act as an advisory board to the Board of Public Works regarding the construction, acquisition, improvement, operation, and maintenance of the utility. As used in the following sections of this chapter, "board" means the Board of Public Works.
(Ord. 1992-29, passed 1-19-93)
The Board shall have all powers necessary for the construction, acquisition, improvement, operation, maintenance, and disposal of a cable television utility within the city limits of Madison, Indiana and a ten mile radius thereof. The Board may enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter. The Board may enter into interlocal agreements pursuant to IC 36-1-7 et seq.
(Ord. 1992-29, passed 1-19-93)
(A) All programming and editorial decisions for the utility shall be made by the Cable Programming Board. The Cable Programming Board shall also act as an advisory board to the Board of Public Works regarding the construction, acquisition, improvement, operation, and maintenance of the utility. The Cable Programming Board shall consist of seven members. One of the members shall be appointed by the Board of School Trustees of Madison Consolidated Schools. One of the members shall be appointed by the Board of School Trustees of the Southwestern Jefferson County Consolidated School Corporation. One of the members shall be appointed by the Board of Trustees of Hanover College. One of the members shall be appointed by the Board of Directors of the Madison Jefferson County Public Library. One of the members shall be appointed by the Board of Directors of the Madison Area Chamber of Commerce. One of the members shall be appointed by the Board of Directors of the Madison Industrial Development Corporation. One of the members shall be appointed by the Community Foundation of Madison and Jefferson County, Inc.
(B) The initial members appointed by the Board of School Trustees of Madison Consolidated Schools, the Board of Schools Trustees of the Southwestern Jefferson County School Corporation, and the Board of Trustees of Hanover College shall be appointed for three years; the initial members appointed by the Board of Directors of the Madison Jefferson County Public Library and the Board of Directors of the Madison Area Chamber of Commerce shall be appointed for two years; and the initial members appointed by the Board of Directors of the Madison Industrial Development Corporation and the Community Foundation of Madison and Jefferson County, Inc. shall be appointed for one year. After the initial term, each appointment shall be for a period of three years. In the event of a vacancy, a successor shall be appointed to serve for the unexpired period of term for which such member has been appointed. Members shall serve without compensation.
(C) The Cable Programming Board shall elect from its membership once each year a Chairman. The Cable Programming Board shall hold at least one regular meeting each year and such special meetings as may be necessary.
(Ord. 1992-29, passed 1-19-93)
The Board may issue revenue bonds to provide all or part of the money necessary to pay the costs of acquiring, constructing, or improving the facilities of the utility. The bonds must be authorized by an ordinance of the Common Council of the city. Revenue bonds shall be payable solely from the revenues of the utility and are not a corporate indebtedness of the city. The revenue bonds shall bear interest at a rate not to exceed the maximum rate per annum specified by the ordinance, payable annually or at shorter intervals, and shall mature at the time or times determined by the ordinance. The ordinance shall fix the denomination or denominations of the bonds and the place or places of payment of their principal and interest. The bonds may be made redeemable before maturity at the option of the Board. The ordinance may include the terms and conditions considered necessary and proper to protect the bondholders. The ordinance may secure the bonds by a trust indenture between the city and a corporate trustee, which may be any trust company or bank having the powers of a trust company in Indiana, or another state. The ordinance may establish a sinking fund for the payment of the bonds, the interest on the bonds, and the charges of banks or trust companies for making payment of the bonds or interest. The ordinance may pledge the net revenues of the utility after payment of the reasonable expense of operation, repair, and maintenance of the utility, to the payment of the principal of and interest on the bonds and the charges of banks or trust companies for making payment of the bonds or interest. The bonds shall be sold in the manner that it is determined to be in the best interests of the city.
(Ord. 1992-29, passed 1-19-93)
(A) The Common Council shall, by ordinance, establish just and equitable fees for the services rendered by the utility. Just and equitable fees are the fees required to maintain the utility in sound physical and financial condition necessary to render adequate and efficient service. The fees must be sufficient to:
(1) Pay all expenses incidental to the operation of the works, including legal expenses, maintenance costs, operating charges, repairs, and interest charges on bonds or other obligations;
(2) Provide adequate money to be used as working capital; and
(3) Provide adequate money for improving and replacing the utility.
(B) After the introduction of the ordinance establishing fees, but before it is finally adopted, the Common Council shall hold a public hearing at which users of the utility and other interested persons may be heard concerning the proposed fees. Notice of the hearing, setting forth the proposed schedule of fees, shall be published in accordance with IC 5-3-1 et seq. After the hearing, the Common Council shall adopt the ordinance establishing the fees, either as originally introduced or as modified. A copy of the schedule of fees adopted shall be kept on file and available for inspection in the offices of the utility. The Common Council may change or readjust the fees in the same manner by which they were established. Fees collected are considered revenue of the utility.
(Ord. 1992-29, passed 1-19-93)