AN ORDINANCE GRANTING UNTO TCI OF KANSAS, INC., A KANSAS CORPORATION, FOR AN INITIAL TERM OF FIVE YEARS, THE RIGHT AND FRANCHISE TO CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN, UNDER, OVER, ALONG, ACROSS AND UPON THE STREETS, AVENUES, SIDEWALKS, ALLEYS, BRIDGES, HIGHWAYS AND OTHER PUBLIC PLACES IN THE CITY OF PEABODY, KANSAS, A CABLE TELEVISION SYSTEM WITHIN THE CORPORATE LIMITS OF THE CITY OF PEABODY, KANSAS; REGULATING THE MANNER IN WHICH THE SAID FRANCHISEE SHALL CONSTRUCT, ERECT, MAINTAIN AND.OPERATE SAID CABLE TELEVISION SYSTEM; PRESCRIBING CERTAIN REMEDIES IN THE EVENT OF DEFAULT BY THE FRANCHISEE; AND PROVIDING FOR A FRANCHISE FEE TO BE PAID TO THE CITY OF PEABODY, KANSAS.
WHEREAS, The City of Peabody, Kansas (the “city”), has heretofore granted a cable television franchise now held by TCI of Kansas, Inc. (“TCI”), which grants the right to construct, operate and maintain towers, buildings, poles, wires and other apparatus for operation of a cable television system on, though, along, under and over the streets and other public places of the city; and
WHEREAS, TCI has submitted an application for a new franchise and has represented that it will continue to provide service to the residents of the city as provided in the new franchise ordinance; and
WHEREAS, the Governing Body of the City has duly published notice as required by law of its intention to grant a new franchise to TCI;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PEABODY, KANSAS:
SECTION 1 DEFINITIONS.
For the purpose of this ordinance the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; and words in the singular number include the plural number.
(a) “FCC” shall mean the Federal Communications commission, Washington, D.C. 20554.
(b) “TCI” or “Grantee” shall mean TCI of Kansas, Inc., a Kansas corporation.
(c) “City” shall mean the city of Peabody, Kansas, a municipal corporation.
(d) “Person” shall mean any legal entity.
(e) “Cable television system” or “CATV system” shall mean a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to be used for the purpose of transmission of electrical impulses of television, radio and any other data or information capable of being transmitted thereby.
(f) “Basic cable service” shall mean any cable television service tier which includes the retransmission of local television broadcast signals which are required to be carried on the cable television system pursuant to Rules and Regulations of the FCC.
(g) “Gross Revenues” shall mean all revenues received by the cable operator, as such term is defined in section 602(4) of the Cable Communications Policy Act of 1984, from all sources of the operation of the cable system in the franchise area, excluding taxes or fees on services furnished by the Grantee herein imposed directly or indirectly by any state, city or other governmental unit or other third party and collected by the Grantee on behalf of such entity.
(h) “street” shall mean the surface of and the space above and below any public street, road, highway, lane, freeway, path, alley, court, sidewalk, parkway or drive, now or hereafter existing as such within the city.
(i) “Franchise” shall mean the authorization granted hereunder to construct, operate and maintain a CATV system in the city.
(j) “subscriber” shall mean any person who for a payment to Grantee receives any signal or data over or through Grantee’s CATV system.
(k) “May” shall be permissive and not mandatory.
(l) “shall” and “must” shall be: mandatory and not merely directory.
(m) “Public, educational, or governmental access facilities” shall mean:
(1) Channel capacity designated for public, educational or governmental uses; and
(2) Facilities and equipment for the use of such channel capacity.
(n) “state” shall mean the state of Kansas.
SECTION 2. GRANT OF AUTHORITY.
(a) A non-exclusive franchise is hereby granted to TCI (the “Grantee”), to operate a cable television system in the city, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street, highway, easement, right-of-way or other public place such poles, wires, cable conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system.
(b) This franchise includes the right for the Grantee to make such contracts as it deems necessary and proper and is able to negotiate with those public utilities and service corporations already holding franchises from the city of Peabody, permitting it to use the existing utility poles and facilities for its installations and to erect any necessary poles and facilities for its own exclusive use.
(c) In the event the Franchising Authority enters into a Franchise, permit, license authorization or other agreement of any kind with any other person or entity other than the Grantee to enter into the Franchising Authority’s streets and Public Ways for the purpose of constructing or operating a cable system or providing cable Service to any part of the Service Area, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another and to provide all parties equal protection under the law.
SECTION 3. CONSTRUCTION, OPERATION AND TECHNICAL STANDARDS.
(a) underground service. The Grantee shall bury all cable in those sections of the city where electric and telephone utilities are underground; provided, however, that the prior approval of the location and depth of such lines shall be obtained in advance from the city clerk, which approval shall not be unreasonably withheld; and provided, further, that the Grantee, at its own expense, shall properly backfill any excavation made for said cable, shall restore the surface of the ground to a condition reasonably equal with its condition prior to such excavation, and shall subsequently correct by additional backfilling any sinking or settlement of such excavation.
(b) use of Pole Facilities. In those sections of the city where electric and telephone utilities maintain overhead distribution facilities, the poles supporting such facilities may be utilized by the Grantee to the extent authorized by the utilities wherever possible, it shall be the sole responsibility of the Grantee to negotiate rental agreements with said public utilities to secure the necessary space on said poles for its operations under this franchise. Where the use of poles owned by said public utilities is not practicable, or where mutually satisfactory rental agreements cannot be entered into with said public utilities following a good faith effort on the part of the Grantee to obtain such agreements, the Grantee may erect poles where shown to be necessary, and when the necessity thereof, the location and style of such poles have been approved by the city clerk, which such approval shall not be unreasonably withheld. In the event of the disapproval by the city Clerk, or where poles cannot reasonably be erected, the Grantee shall install underground cable in the manner above provided. The erection of poles pursuant to these provisions shall be subject to all existing and future ordinances and regulations of the City applicable thereto, insofar as such do not materially alter or impair the rights and obligations of the Grantee hereunder, do not unduly discriminate against cable television systems, and are adopted pursuant to the lawful police powers of the City.
(c) compliance with Technical Standards. The Grantee shall construct, install, operate and maintain its system in a manner consistent with all applicable state and federal laws, ordinances, regulations, construction standards, governmental requirements, and FCC technical standards. In addition, the Grantee shall provide the city, upon request, with a written report of the results of the Grantee’s annual proof-of performance tests conducted pursuant to FCC standards and requirements.
(d) Construction, Operation and Maintenance Specifications.
(1) The Grantee shall construct, install, and maintain cable system in an orderly and workmanlike manner. Safety of the general public, persons and property shall be a primary objective whenever the Grantee undertakes construction or maintenance.
(2) All underground cables installed in the same easement with electric and telephone distribution lines shall, to the maximum extent possible, be parallel to such lines.
(3) The Grantee shall be primarily responsible for the actions taken by any person in the course of its employment to place, remove, maintain, repair or relocate any of the Grantee’s facilities. Any property damaged or destroyed by the Grantee shall be repaired or replaced by the Grantee and reasonably restored to its pre-existing condition. The Grantee shall give at least twenty-four (24) hours prior notice to any affected property owner of its intent to bury cable on or across a property. Failure of the Grantee to promptly complete such work or repair damage, including reasonable restoration of the property surface to its former condition, shall be deemed a default.
(4) The Grantee shall at all times and in all of its operations comply with the current editions of the National Electric Safety Code (National Bureau of Standards), the National Electric Code (National Bureau of Fire Underwriters), as well as any subsequent editions or addenda thereto, and with the statutes of the state of Kansas and the ordinances of the City, insofar as such do not materially alter or impair the rights and obligations of the Grantee hereunder, do not unduly discriminate against Cable television systems, and are adopted pursuant to the lawful police powers of the City.
(5) The Grantee shall have authority to trim trees upon and overhanging all streets, alleys, easements, sidewalks or other public places so as to prevent the branches of trees from coming into contact with the Grantee’s facilities; provided, however, that all such trimming shall be done in conformance with all reasonable standards therefor established by the city.
(6) The Grantee shall temporarily raise or lower its lines to permit the moving of any building or structure, upon seventy-two (72) hours advance written notice (excluding weekends and holidays) from any person holding an appropriate permit issued by the city. The actual expenses incurred by the Grantee for such temporary raising or lowering shall be paid by the person requesting same, and the Grantee shall have the right to require such payment in advance.
(7) The Grantee’s transmission and distribution system, poles, wire, and appurtenances shall be so located, erected and maintained so as not to endanger persons or property, or to unreasonably interfere with city improvements, or to unnecessarily hinder or obstruct the free use of streets, alleys, bridges or other public property. If it becomes necessary to move the Grantee’s equipment to avoid such interference, it shall be at the Grantee’s reasonable expense.
(8) The Grantee shall cause the least possible inconvenience to the general public in maintaining and operating its CATV system in streets, alleys, and other public places, and in any new construction or addition to its facilities. Except in an emergency, the Grantee shall not make any opening or obstruction in the streets or other public places without first having obtained the permission of the City clerk, which permission shall not be unreasonably withheld, and the Grantee shall barricade and plainly mark any such opening or obstruction to make it visible to all traffic at all times. In the event of the disturbance of any pavement, sidewalk, driveway or other surfacing, the Grantee shall repair, replace or restore such to as reasonably good a condition as before such disturbance, in such manner as shall be approved by the city Clerk, and at the sole and reasonable cost and expense of the Grantee.
(9) In the event that at any time during the period of this franchise the City shall elect to construct, maintain, repair or reconstruct any public facilities, or otherwise elect to alter or change the grade of any street, alley or public way, in a manner that requires the moving or relocation of any of the facilities of the Grantee, the Grantee shall promptly remove and relocate such facilities as necessary, and at its sole and reasonable cost and expense, upon reasonable advance notice by the city. If funds are available to any company using such street, alley or public way for the purpose of defraying the cost of such relocation of facilities, such funds may also be made available to the Grantee.
SECTION 4. INDEMNIFICATION AND INSURANCE.
(a) Insurance Requirements. The Grantee shall maintain in full force and effect, at its own cost and expense, during the term of the Franchise, comprehensive General Liability Insurance in the amount of $1,000,000 combined single limit for bodily injury and property damage. Said insurance shall designate for Franchising Authority as an additional insured. Such insurance shall be non-cancellable except upon thirty (30) days prior written notice to the Franchising Authority.
(b) Indemnification. The Grantee agrees to indemnify, save and hold harmless, and defend the Franchising Authority, its officers, boards and employees, from and against any liability for damages and for any liability or claims resulting from property damage or bodily injury (including accidental death), which arise out of the Grantee’s construction, operation, or maintenance of its Cable system, including, but not limited to, reasonable attorney’s fees and costs.
(c) Bonds and other surety. Except as expressly provided in this ordinance, the Grantee shall not be required to obtain or maintain bonds or other surety as a condition of being awarded the Franchise or continuing its existence. The Franchising Authority acknowledges that the legal, financial, and technical qualifications of the Grantee are sufficient to afford compliance with the terms of the Franchise and the enforcement thereof. Grantee and Franchising Authority recognize that the costs associated with bonds and other surety may ultimately be borne by the subscribers in the form of increased rates for cable Services. In order to minimize such costs, the Franchising Authority agrees to require bonds and other surety only in such amounts and during such times as there is a reasonably demonstrated need therefor. The Franchising Authority agrees that in no event, however, shall it require a bond or other related surety in an aggregate amount greater than $10,000.00, conditioned upon the substantial performance of the material terms, covenants, and conditions of the Franchise. In the event that one is required in the future, the Franchising Authority agrees to give Grantee at least sixty (60) days prior written notice thereof stating the exact reason for the requirement. Such reason must demonstrate a change in the Grantee’s legal, financial or technical qualifications which would materially prohibit or impair its ability to comply with the terms of the Franchise or afford compliance therewith.
SECTION 5. CORPORATE SURETY /GUARANTEE.
(a) The Grantee shall file with the city clerk, and at all times thereafter maintain in full force and effect for the remaining term of the franchise or any renewal thereof, at the Grantee’s sole expense, a corporate surety bond or other surety in a company and a form approved by the city Clerk, in the amount of $5,000.00, renewable annually and conditioned upon the faithful performance of the Grantee of its material obligations under this franchise, and upon the further condition that, in the event the Grantee shall fail to comply with any one or more of the material provisions of this franchise, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the city as a result of the Grantee’s default, plus a reasonable allowance for attorney’s fees and costs to the extent permitted by law, up to the full amount of the bond.
(b) The bond shall be a continuing obligation for the duration of this franchise and any renewal thereof, and shall continue after expiration until the Grantee has liquidated all of its obligations with the City as they have arisen from the acceptance of the franchise or renewal by the Grantee or from its exercise of any privilege granted. The bond shall provide at least thirty (30) days advance written notice to the city of the surety’s intention to cancel, materially change, or non-renew its obligation. (C) Neither the provisions of this section, nor of any bond accepted nor any damages recovered by the city thereunder, shall be construed to excuse the Grantee’s obligation to faithfully perform its obligations hereunder, or to limit the Grantee’s liability for damages for breach of its obligation.
SECTION 6. FRANCHISE FEE. The Grantee shall remit to the City a franchise fee of five percent (5%) of its gross revenues. All Payments shall be made to the city without demand, quarterly, no later than sixty (60) days after the end of each calendar quarter.
SECTION 7. GENERAL SYSTEM SPECIFICATIONS. The facilities used by the Grantee shall have a minimum capacity of 24 channels, and 24 channels of entertainment and information will be available on the effective date of this ordinance. The facilities shall also be capable of distributing color television signals, and, when the signals the Grantee distributes are received in color, they shall be distributed in color unless technically infeasible.
SECTION 8. SERVICE TO SCHOOLS AND CITY. The Grantee shall provide basic cable service at no cost to each city-owned building, parochial school and public school within the city, at one terminal junction each.
SECTION 9. RATES AND CHARGES.
(a) The city may, as may be authorized pursuant to federal and state law including but not limited to the cable Act and FCC Rules and Regulations, regulate the rates and charges associated with the provision of basic cable service only.
(b) From time to time the Grantee has the right to modify its rates and charges including, but not limited to, the implementation of additional charges and rates; provided, however, that the Grantee shall give notice to the city of any such modifications or additional charges thirty (30) days prior to the effective date thereof.
(c) In the event that basic service rate increases are subject to approval of the city, the Grantee may, at its discretion and without consent of the city, increase annually the rates relating to the provision of basic cable service by an amount not to exceed the average annualized change in the Consumer Price Index (U.S. City Average - All Urban Consumers - All Times) as published by the U.S. Department of Labor, Bureau of Labor statistics. For purposes of measuring changes in said index, the base period shall be the index in effect on January 1, 1992.
(d) Before making any changes in the rates which are subject to the approval of the city, the Grantee shall file in writing with the city Manager a new proposed rate change at least thirty (30) days in advance of the proposed effective date for such rate change. If the city takes no action to set the proposed rate change for hearing, said proposed rate changes shall become effective upon the expiration of the 30-day notice period. If the Governing Body of the city wishes to hold a hearing on the proposed rate increase, the hearing shall be held within thirty (30) days of the filing of the proposed rate increase by the Grantee. Following the hearing, the council shall take final action on the proposed increase within thirty (30) days.
(e) The subscriber rates and charges established by the Grantee shall be payable by the subscriber in advance.
(f) The Grantee shall not discriminate in rates between customers of the same category except to the extent permitted by the cable communications Policy Act of 1984 or by any amending or successor provisions of law, and by regulations of the Federal communications commission; provided, however, that nothing herein shall be deemed to preclude the Grantee from offering special promotions and conducting marketing campaigns from time to time.
SECTION 10. SUBSCRIBER SERVICE. The Grantee shall provide subscriber service on the following basis:
(a) The Grantee shall:
(1) Make its cable television transmission services available upon subscription to all persons located within the contiguous city limits of the City.
(2) Operate a local office in Newton, Kansas, which is staffed and open during ordinary business hours, Monday through Friday, excluding legal and company-provided holidays, which staff shall include at least one qualified service technician.
(3) Maintain at its local office direct access to all subscriber account records, so that that the status of a subscriber’s account may be determined immediately at such office.
(4) Provide telephone service by which the Grantee shall receive subscriber complaints
(5) Equip all service trucks with radios capable of constant communication with the Grantee’s dispatcher.
(6) Maintain during non-business hours at least one service technician on call for emergencies.
(7) Respond to subscriber complaints within 24 business hours after the customer calls in.
(8) Bury all cable, in those portions of the city where such burial is required hereunder, within 45 days from the installation of service; provided, however, that such time may be extended due to adverse weather conditions during the period from November 1 through March 31, except that any cable installed during such time shall be buried not later than April 30.
(9) Refund or credit, upon customer request, an appropriate portion of the monthly charge for tier of service which is unavailable to such subscriber, in those cases where service is not restored within twenty-four (24) hours of notice by the customer.
(b) The Grantee shall cooperate with the city clerk to maintain appropriate subscriber complaint procedures.
(c) when numerous similar complaints have been made, the City may conduct such public hearings as necessary to determine the existence and cause of any service problems, and the Grantee shall participate in such hearings and provide such information as is reasonably requested to assist in such deliberations. After the conclusion of such public hearing or hearings, if the city then has reasonable grounds to believe that the complaints or other evidence require that tests be performed to protect the public against substandard cable service, such tests may be required by the City, and shall be performed by the Grantee, at the Grantee’s expense, when so required.
SECTION 11. DISCRIMINATION PROHIBITED. The Grantee shall not hire nor refuse to hire, nor bar nor discharge from employment, nor discriminate against any person in compensation or in terms, conditions or privileges of employment, because of age, race, sex, creed, color or national origin.
SECTION 12 BOOKS, RECORDS AND REPORTS.
(a) At all reasonable times, and on reasonable advance notice, the Grantee shall permit any duly authorized representative of the city to examine the Grantee’s property within the city, and to examine any maps or other records kept or maintained by the Grantee or under its control which deal with the Grantee’s operation, affairs, transactions or property with respect to this Franchise, and which property or records are reasonably necessary to monitor the compliance with the terms hereof. The city agrees to treat any information disclosed by the Grantee as confidential and only to disclose it to employees, representatives and agents thereof which have a need to know, or in order to enforce supervision hereof.
(b) upon request, the Grantee shall file with the city Manager, on or before the last day of January of each year, a current map or set of maps drawn to scale, showing the location of the CATV system facilities installed in the city.
(c) The Grantee shall keep a set of books and records which shows, at a minimum, all of the Grantee’s gross revenues and expenses; all of the Grantee’s gross revenues from the CATV system within the city; and the amount and nature of all capital expenditures within the local CATV system.
(d) Annually, by April 15 of each year, the Grantee shall file with the city Manager an annual report of the foregoing, together with a statement of the number of subscribers at the beginning of the period and at the end, in relation to the preceding calendar year. The report shall be accompanied by the written and sworn certificate of the controller of the Grantee that such report is accurate and fairly represents the facts stated therein. In addition to such financial data, each annual report shall contain a summary report of all subscriber complaints, the disposition thereof by the Grantee, and the time taken to make such disposition.
(e) The Grantee shall furnish annually, within 120 days after the end of the fiscal year, the audited financial statements of the Grantee’s parent company, which shall include the opinion of an independent certified public accountant that such statements fairly represent the financial condition of such owner and that the statements were prepared in accordance with generally accepted accounting principles. Such financial statements shall include a statement of income, a balance sheet and a statement of sources and application of funds covering the past two years, in comparative form.
SECTION 13. PERIODIC REVIEWS. The City may require reviews of this franchise periodically. Any such review shall be open to the public and announced in the official city newspaper. The Grantee shall reasonably notify its local subscribers of review sessions by announcing same on a local origination channel of the CATV system when technically feasible. During a review and evaluation by the City, the Grantee shall fully cooperate with the city and shall provide such non-confidential information and documents as the City may need to reasonably perform the review.
SECTION 14. RESERVATION OF RIGHTS. The City reserves the right to adopt, in addition to the provisions contained in this franchise ordinance and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of its lawful police power; provided, however, that such additional regulations shall be reasonable, shall not be materially inconsistent with the rights and privileges granted by this ordinance or with any provision of federal law, and shall not be unreasonably discriminatory to cable operators.
SECTION 15. DURATION AND RENEWAL.
(a) This ordinance shall remain in full force and effect for an initial term of five (5) years from the effective date hereof.
(b) The Grantee shall be entitled to an extension of the term for an additional ten (10) years if, within such initial term, the Grantee makes enhancements or improvements to the CATV system serving the City to improve the quality and reliability of the system’s transmissions to the subscribers.
(c) Upon the making of such enhancements or improvements, the Grantee shall give notice thereof to the city Clerk, along with a request that the term be so extended. The Governing Body of the city shall within sixty (60) days thereafter consider the sufficiency of such enhancements or improvements as satisfying the intent and spirit of this ordinance, and shall within such time consider an ordinance granting such extension. The Governing Body shall not unreasonably deny such extension.
(d) In addition to or in lieu of the foregoing procedure, the Grantee may, at its election, make advance application for such extension, conditioned upon the making of prescribed enhancements or improvements; and, upon receipt of such application, the city shall within sixty (60) days thereafter consider the prospective sufficiency of such enhancements or improvements. If it reasonably appears that such enhancements or improvements will be sufficient to satisfy the intent and spirit of this ordinance, the Governing Body shall commit to such extension, conditioned only upon the completion of such enhancements and improvements within the initial term.
(e) The further renewal of this ordinance beyond the initial and extended term as provided above shall be governed by applicable federal and, to the extent not inconsistent therewith, state and local law.
SECTION 16. GOVERNING LAW. This Ordinance and the Grantee’s performance hereunder is subject to all applicable provisions of the Communications Act of 1934, as amended, and regulations promulgated by the FCC pursuant thereto, as well as state laws or regulations governing cable television operations not inconsistent therewith.
SECTION l 7. DEFAULT.
(a) If the Grantee willfully or negligently fails to do any material act required in this franchise, it shall be in default if it has not performed the act within 30 days after written notice from the city specifying the default.
(b) The Grantee may apply to the city for additional time in which to cure a specified default, which permission will not be unreasonably withheld. Failure to cure within the specified extension shall place the Grantee in default.
(c) If the Grantee becomes liable for damages hereunder, the City may recover the damages from the surety on the Grantee’s bond.
(d) Notwithstanding any other provision in this ordinance, the Grantee shall not be in default if failure to perform is caused by circumstances beyond the Grantee’s control, including but not limited to fire, windstorm, flood or other acts of God or other events beyond the Grantee’s control, provided that the Grantee takes all reasonable steps to provide such performance in as timely a manner as possible under the circumstances.
SECTION 18. SEPARABILITY. If any section, subsection, sentence, clause, phrase or portion of this franchise ordinance is for any reason held invalid by any court or agency of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions of the franchise ordinance.
SECTION 19. SUCCESSORS AND ASSIGNS. The Grantee shall not assign this franchise voluntarily or by merger or consolidation without the prior consent of the city; provided, however, that as a condition of such assignment the assignee entity must execute and deliver to the city its written acceptance of the obligations, duties and liabilities of this ordinance. Assignment or transfer without consent shall render the franchise void. Consent will not be unreasonably withheld, and shall be conditioned upon the transferee’s express written assumption of all of the Grantee’s responsibilities hereunder.
SECTION 20. NOTICES. All notices and other communications hereunder this ordinance shall be in writing and shall be deemed to have been given on the date of actual delivery if mailed, first class, registered or certified mail, return receipt requested, postage paid to the following addresses:
To the City:
City of Peabody
300 North walnut
Peabody, Kansas 66866
To the Grantee:
TCI of Kansas, Inc.
206 West 6th
Newton, Kansas 67114
With a copy to:
TCI of Kansas, Inc.
Attn: Operations, Legal
P.O. Box 5630
Denver, Colorado 80217
Either of the foregoing parties to this ordinance may by written notification to the other party change the address to which all communications and notices may be sent to it.
SECTION 21. PRIOR ORDINANCES. All ordinances and parts of ordinances in conflict herewith are hereby repealed as of the effective date of this ordinance.
SECTION 22. UNAUTHORIZED RECEPTION. In addition to those criminal and civil remedies provided by state and federal law, it shall be a misdemeanor for any person, firm or corporation to create or make use of any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of the cable television system without the express consent of the Grantee. Further, without the express consent of the Grantee, it shall be a misdemeanor for any person to tamper with, remove or injure any property, equipment or part of the cable television system or any means of receiving cable television service or other services provided thereto subject to applicable federal and state law, the City shall incorporate into its criminal code, if not presently a part thereof, a criminal misdemeanor law which will enforce the intent of this section.
(Ord. 02-08-1993)