HomeMy WebLinkAboutR-83-0816J=83-797
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RESOLUTION NO. N,13--HIG
A RESOLUTION AMENDING SECTION 4 AND 5 OF RESOLUTION
NUMBER 82-303, AS AMENDED BY RESOLUTION NUMBER
82-525, BY PROVIDING FOR SEVEN MEMBERS WHO SHALL
CONSTITUTE THE INITIAL, BOARD OF DIRECTORS OF THE
MIAMI CABLE ACCESS CORPORATION; FURTHER PROVIDING
FOR THE DESIGNATION OF EIGHT ADDITIONAL MEMBERS BY
THE CITY COMMISSION.
WHEREAS, the City Commission on June 1.7, 1982 adopted
Resolution Number 82-525► amending Resolution Number 82-303
adopted on April 1, 1982, which established an independent non-
profit community access corporation to be }mown as the Miami Cable
Access Corporation (MCAC) to manage and allocate the use of the non -
municipal public access channels in the City of Miami; and
WHEREAS, Resolution Number 82-525 increased the number of the
Initial Board of Directors of the MCAC to be appointed by the City
Commission from five (5) to seven (7) individuals; and
WHEREAS, the City Commission has appointed seven Board members
who constitute the Initial Board of Directors of the MCAC; and
WHEREAS, the Commission is empowered to appoint an additional
eight members prior to the final approval of the Articles of Incor-
poration of the MCAC; and
WHEREAS, the By-laws of MCAC provide for such Commission
appointments, and incorporation prior to final approval will not
affect the power of the Commission to designate an additional eight
members; and
WHEREAS, in order to facilitate MCAC becoming functional as
expeditiously as possible it is necessary to obtain a certificate
of incorporation which can be duly obtained with the present initial
board members;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
CITY COMMISSION
METE ING OF
9
5F p 7 1983
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Section 1. Resolution Number 82-303 adopted on April ], 1982
which established an independent non-profit community access corpo-
ration, as amended by Resolution 82-525, is hereby amended in the
following particulars:
"Section 4. The aforesaid seven (7) Board members shall con-
stitute the initial Hoard of Directors. �HieH-beee3-sHell-be
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Section 5. The City Commission of the City of Miami shall
designate eight additional members to positions on the MCAC
Board of Directors. These designated positions shall consist
of five (5) members to be appointed by the City Commission,(1) one
appointee by the City Manager, (1) one appointee by the cable
licensee and the Executive Director of MCAC.."
PASSED AND ADOPTED this 7th day of September , 1983.
Maurice A Ferre
M A Y O R
ATTEST:
,WtPH ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
rl QUI JON III
ASSIST NT C T ATTORNEY
Words and figures stricken through should be deleted. Underscored
words and figures constitute the amendment proposed.
Page 2 of 3
8 3—SJLG
i
:.ITY OF MIAMI• FLORIDA
94 li
INTER -OFFICE MEMORANDUM .�tt
Howard V. Garr =a = rkuaust 17, 1983 CILE
City Manager
Resolution - Miami
Cable Access Corporation
cRi: ti, Merry Sue Smoller
Assistant to the City Manager
for Cable Communications
R EFE RE'I�ES
ENCLJSURES Resolution/City Commission
Agenda for September 7, 1983
"It is recommended that the City Commission
adopt the attached resolution amending Section
4 and 5 of Resolution Number 82-303, as amended
by Resolution Number 82-525, by providing for
seven members who shall constitute the Initial
Board of Directors of the Miami Cable Access
Corporation; further providing for the designation
of eight additional members by the City Commission."
4
Howard V. Gary
City Manager
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANOUM
DATE August 17, 1983 FILE
s UeJEC* Resolution - Miami
Cable Access Corporation
Merry Sue Smoller REFERENCES
Assistant to the City Manager
for Cable Communications ENCLOSURES Resolution/City Commission
Agenda for September 7, 1983
"It is recommended that the City Commission
adopt the attached resolution amending Section
4 and 5 of Resolution Number 82-303, as amended
by Resolution Number 82-525, by providing for
seven members who shall constitute the Initial
Board of Directors of the Miami Cable Access
Corporation; further providing for the designation
of eight additional members by the City Commission.
On April 1, 1982, the City Commission adopted Resolution No. 82-303
which established the Miami Cable Access Corporation. This resolu-
tion was amended by Resolution No. 82-525 which provided for an
initial board of directors consisting of seven members.
Resolution No. 82-303 presently provides that the board of directors
is to be expanded to a total of fifteen members to be appointed by
the Commission.
The By -Laws adopted by the initial seven member board provide
eventually for a permanent board not to exceed twenty-eight members.
The By -Laws further set forth the selection of five MCAC board
members by the Commission, and stipulate term of appointment as
not more than four years, and that the term may be staggered, and
not be more than two consecutive terms. The City Commission is
to determine the initial terms of appointment. The terms of
appointment could be made by a drawing, and as follows: two for
three years, two for two years, and one for one year with the
understanding that reappointment could be made by the Commission.
Besides the five members to be appointed by the Commission, the
remainder of the additional eight positions to be designated by
the Commission would consist of one appointee by the City Manager,
one appointee by Miami Cablevision, and the Executive Director
of the MCAC. It is anticipated that the remaining members of the
full board contemplated by the By -Laws will not be selected for
some time since they will represent the Program and Access Councils
to be established at a later date.
It is the recommendation of the initial board of directors, and in
which staff concurs, that the provision allowing for designation of
a
FU
Howard V. Gary Pace 2 August 17, 1983
the additional eight members prior to the final approval of the
Articles of Incorporation will delay the process for MCAC becoming
a legal entity. Moreover, the search for an Executive Director
needs to be undertaken now so as to enable 1.1CAC to find the most
qualified person. The additional designation of eight members is
not needed to obtain the Certificate of Incorporation from the
state which essentially certifies that the corporation is a legal
entity and can do business.
Thus, it is recommended that the proposed changes be made.
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