Chapter 2.84 TELECOMMUNICATIONS FUND AND TELECOMMUNICATIONS REVIEW COMMITTEE
Section 2.84.030 Duties and responsibilities.
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)