[Ord. No. 2453 §58, 12-15-1980]
A. This
Chapter is one (1) of several substantially identical regulatory ordinances
of Berkeley, Ferguson, Dellwood, Normandy, Cool Valley, Calverton
Park and the Normandy Municipal Council area who were recipients of
the grantee's application to provide cable television service in St.
Louis County. The above-mentioned municipalities will enact franchise
ordinances delegating administrative responsibility and authority
under said regulatory ordinances to the North Area Cable Television
Authority (NACTA).
B. The
purpose of NACTA is to obtain the most reasonable subscriber rates
for the highest possible level of service for the residents of its
member municipalities. NACTA shall administer all administrative responsibilities
assigned to it herein on behalf of the above-mentioned municipalities.
The grantee shall, when reasonable notice is given, appear at all
public hearings scheduled by NACTA to review and/or evaluate the grantee's
activities or performance.
C. In
order to fulfill the administrative responsibilities delegated to
it in this Chapter, NACTA shall appoint a Board of Directors with
such duties assigned to it pursuant to the franchise ordinances, the
regulatory ordinances, and other agreements enacted by the member
municipalities of the NACTA.
[Ord. No. 2453 §59, 12-15-1980]
A. In
order that the City may exercise its option to take over the facilities
and property of the cable TV system authorized upon expiration or
forfeiture of the rights and privileges of the grantee under its franchise,
as is provided for herein, the grantee shall not make, execute, or
enter into any deed, deed of trust, mortgage, conditional sales contract,
or any loan, lease, pledge, sale, gift, or similar agreement concerning
any of the facilities and property, real or personal, of the cable
TV business without prior approval of the Council upon its determination
that the transaction proposed by the grantee will not be inimical
to the rights of the City under its franchise. Provided however, that
this Section shall not apply to the disposition of worn out or obsolete
facilities of personal property in the normal course of carrying on
the cable TV business.
B. Exception as provided for in Subsection
(A) above, the grantee shall at all times, be the full and complete owner of all facilities and property, real and personal, of the cable TV business.
[Ord. No. 2453 §60, 12-15-1980]
The grantee agrees not to oppose the intervention by the City
or NACTA in any suit or proceeding to which the grantee is a party.
[Ord. No. 2453 §61, 12-15-1980]
A. Upon
enactment of this Chapter the following actions by any person, corporation
or unincorporated association shall be unlawful and subject to criminal
penalty as described in Subsection (3) below:
1. The unauthorized connection, whether physically, electronically,
acoustically, inductively, or otherwise with any part of a system
facilities within the municipality for the purpose of taking or receiving
television or radio signals, pictures, programs or sounds, or for
the purpose of enabling others to receive such signals, pictures,
programs or sounds.
2. The willful tampering with, removal of, or injury to any cable, wires
or equipment used for distribution of television or radio signals,
pictures, programs or sounds without consent of the system owner.
3. Violators of the provisions of this Section shall be guilty of a
misdemeanor, and each and every day or portion thereof during which
any violation of any of the provisions of this Section is committed,
continued, or permitted shall be deemed a separate offense and upon
conviction of any such violation such violator shall be punished by
a fine of not more than five hundred dollars ($500.00) or by imprisonment.
Any equipment or structure erected or maintained and any work commenced
or continued in violation of this Chapter shall be and is hereby declared
unlawful.