[CC 1985 §6.5-161; Ord. No. 2651 §10.1, 8-13-1992]
Should the grantee become dissatisfied with any material decision
or ruling of the City pertaining to the cable communications system,
the grantee may pursue such other remedies as are available, including
the bringing of actions in any court of competent jurisdiction.
[CC 1985 §6.5-162; Ord. No. 2651 §10.2, 8-13-1992]
Notwithstanding any other provisions of this Article to the
contrary, the grantee shall at all times comply with all laws and
regulations of the City, State and Federal Government or any administrative
agencies thereof. Provided however, if any such State or Federal law
or regulation shall require the grantee to perform any service or
shall permit the grantee to perform any service in conflict with the
terms of the franchise or of any law or regulation of the City, then
as soon as possible following knowledge thereof, the grantee shall
notify the City of the point of conflict believed to exist between
such regulation or law and the laws or regulations of the City or
the franchise. If the City determines that a material provision of
this Article is affected by any subsequent action of the State or
Federal Government, the City shall have the right to modify any provisions
herein to such reasonable extent as may be necessary to carry out
the full intent and purpose of this Article.
[CC 1985 §6.5-163; Ord. No. 2651 §10.3, 8-13-1992]
All notices from the grantee to the City pursuant to this franchise
shall be to the City Clerk. Grantee shall maintain with the City,
throughout the term of the franchise, an address for service of notices
by mail. Grantee shall also maintain with the Ste. Genevieve franchise
territories appropriate local offices and telephone numbers for the
conduct of matters related to this franchise during normal business
hours.
[CC 1985 §6.5-164; Ord. No. 2651 §10.4, 8-13-1992]
Minimum public notice of any public meeting relating to this
franchise shall be by publication at least once in a newspaper of
general circulation in the area at least ten (10) days prior to the
meeting, posting at City Hall and by announcement on at least one
(1) channel of the grantee's cable communications system between the
hours of 7:00 P.M. and 9:00 P.M. for five (5) consecutive days prior
to the meeting.
[CC 1985 §6.5-165; Ord. No. 2651 §10.5, 8-13-1992]
The grantee shall have no recourse whatsoever against the City
of Ste. Genevieve, its officials, boards, commissions, agents or employees
for any loss, cost, expense or damage arising out of any provision
or requirement of the franchise or because of the enforcement of the
franchise.
[CC 1985 §6.5-166; Ord. No. 2651 §10.6, 8-13-1992]
The grantee shall not be relieved of its obligation to comply
with any of the provisions of this Article or the franchise agreement
by reason of any single or repeated failure of the City to enforce
compliance.
[CC 1985 §6.5-167; Ord. No. 2651 §10.7, 8-13-1992]
Upon a finding by the City, after reasonable notice to the grantee,
that the grantee has failed to timely comply with any requirements
of this Article and that such failure was not due to conditions beyond
the grantee's control, the City shall charge the grantee five hundred
dollars ($500.00) per day for each day or part thereof the deficiency
continues. Liquidated damages so charged are not in lieu of other
damages which might be recoverable from the grantee.
[CC 1985 §6.5-168; Ord. No. 2651 §10.8, 8-13-1992]
A.
Violation. No person, whether or not a subscriber to the
cable communications system, may intentionally or knowingly damage
or cause to be damaged any wire, cable, conduit, equipment or apparatus
of the grantee or commit any act with intent to cause such damage
or to tap, tamper with or otherwise connect any wire or device to
a wire, cable, conduit, equipment and obtain a signal or impulse from
the cable system without authorization from the grantee and compensation,
at the grantee's option, to the grantee or to obtain cable television
or other communications service with intent to cheat or defraud the
grantee of any lawful charge to which it is entitled.
B.
Punishment. Any person convicted of violating any provision
of this Section is subject to a fine of not more than five hundred
dollars ($500.00) for each offense or imprisonment of not more than
ninety (90) days, or both such fine and imprisonment. Each day's violation
of this Section shall be considered a separate offense.
[CC 1985 §6.5-169; Ord. No. 2651 §10.9, 8-13-1992]
Should the State of Missouri, the FCC or any other agency of
the Federal Government subsequently require the grantee to deliver
any signals in addition to those required by this Article or the franchise
or to perform any act which is inconsistent with any provision of
the franchise, the grantee shall so notify the City. Upon receipt
of such notification, the City shall determine if a material provision
of the franchise is affected. Upon such determination, the City shall
have the right to modify or amend any of the sections in the franchise
agreement to such reasonable extent as may be necessary to carry out
the full intent and purpose of the franchise. The City may terminate
the franchise in the event the City determines that substantial and
material compliance with the original proposed terms of the franchise
has been frustrated by such State or Federal requirement.
