[Ord. No. 718 §1]
This Chapter shall be known as the Chapter for Regulation of
Cable Communications.
[Ord. No. 718 §2]
Those channels which, by the terms of this Chapter or the
franchise agreement, are required to be kept available by the franchisee
for partial or total dedication to public access, educational access,
or local government access.
A system of coaxial cables or other electrical conductors
and equipment used or to be used to originate or receive television
or radio signals directly or indirectly off the air and to transmit
them via cable to subscribers for a fixed or variable fee, including
the originations, receipt, transmission, and distribution of voices,
sound signals, pictures, visual images, digital signals, telemetry,
or any other type of closed circuit transmission by means of electrical
impulses, whether or not directed to originating signals or receiving
signals off the air.
The City of Palmyra, Missouri, and all the territory within
its existing and future territorial corporate limits.
Includes both the franchise granted pursuant to this Chapter
and the franchise agreement, and all rights, powers and privileges
thereunder.
The separate agreement by which the franchise is granted
to the franchisee, as required by this Chapter.
Includes all persons having any rights, powers, privileges,
duties, liabilities or obligations under this Chapter and the franchise
agreement (herein collectively called the "franchise"), and also all
persons having or claiming any title or interest in or to the System,
whether by reason of the franchise itself or any subcontract, transfer,
assignment, mortgage, pledge, hypothecation, security agreement, management
agreement or operating agreement, or otherwise arising or created.
Those gross revenues of the franchisee attributable to the
subscribers within the City; provided, however, that revenue resulting
from installation and relocation charges or from sales of tangible
personal property shall not be deemed "Gross Subscriber Revenues"
for the purpose of computing any franchisee fee pursuant to this Chapter.
An arrangement under which a charge is made to a subscriber
for receiving a particular television program.
An agency which is supported wholly, or substantially, by
public funds.
A person or organization whose premises are physically wired
to receive any transmission from the System.
Such extension wiring from the franchisee's distribution
lines to a subscriber's building.
Denotes a person utilizing a System channel as a producer,
for purposes of production and/or transmission of material, or as
a subscriber, for purposes of receipt of material.
[Ord. No. 718 §3]
A.
Necessity of Franchise. No person, natural or corporate
or any other entity, shall own or operate a CATV System or other system
as defined herein, in the City of Palmyra, except by franchise granted
by the City, in the form of a franchise agreement between the City
and the franchisee, which shall comply with all the specifications
of this Chapter.
B.
Contravention of Franchise. A breach by the franchisee of
the franchise agreement, in addition to constituting a breach of contract,
shall constitute a violation of this Chapter. The cost of any litigation
incurred by the City to enforce this Chapter or the franchise granted
pursuant hereto, or the franchise agreement, or in relation thereto,
or in relation to the cancellation or termination of a franchise,
shall be reimbursed to the City by the franchisee. Such costs shall
include filing fees, costs of depositions, discovery, and expert witnesses,
all other expenses of suit, and a reasonable attorney's fee.
[Ord. No. 718 §4]
A.
Term. No franchise granted hereunder, nor any renewal thereof,
shall be for a term of more than fifteen (15) years. A renewal may
be granted not more than two (2) years prior to the expiration of
any existing term.
B.
Forfeiture of Franchise. In addition to all other rights
and powers of the City by virtue of the franchise or this Chapter,
the City may terminate and cancel the franchise and all rights and
privileges of the franchisee thereunder in the event that the franchisee,
either:
1.
Substantially
violates any provision of the franchise or this Chapter, or any rule,
order, or determination of the City Council made pursuant thereto,
where such violation shall remain uncured for a period of thirty (30)
days subsequent to receipt by franchisee of written notice of said
violation, except where such violation is not the fault of the franchisee
or is due to excusable neglect; or
2.
Attempts
to evade any of the provisions of this franchise ordinance or the
franchise agreement or practices any fraud or deceit upon the City.
Such termination and cancellation shall be made by resolution of the
City Council duly adopted after sixty (60) days' notice to the franchisee
and shall in no way affect any of the City's rights under this franchise
or any provisions of law; provided, however, that before the franchise
may be terminated and cancelled under this Section, the franchisee
shall be provided with an opportunity to be heard at a public hearing
before the Cable Communications City Council, upon thirty (30) days'
written notice to the franchisee of the time and place of the public
hearing; provided further that said notice shall affirmatively cite
the reasons alleged to constitute cause for revocation; and provided
further that notice of said public hearing shall be published in a
local newspaper of general circulation at least twenty (20) days before
the date of the hearing.
[Ord. No. 718 §5]
A.
Request for Proposal. In selecting a franchisee pursuant
to this Chapter, the City shall prepare a Request for Proposal to
seek bids for a Cable Communication System to be established under
franchise by the City. This Request for Proposal will contain information
and instructions relating to the preparation and filing of proposals;
conditions regarding the installation, operation and maintenance of
a CATV system under City franchise; and the criteria to be used in
evaluating applicant proposals.
B.
Criteria for Selection of Franchisee. Applicants will be
evaluated according to the following criteria:
1.
Installation plan. Preference may be given as installation
plan that would provide flexibility needed to adjust to new developments,
maintenance, practices, and services that would be available to the
subscriber and the community immediately and in the future.
2.
Rate schedule. Preference may be given to applicants with
the most reasonable installation and subscriber rate schedule.
3.
Financial soundness and capability. The evidence of financial
ability required in the applicant's proposal shall be such as to assure
ability to complete the entire system within a minimum of five (5)
years of the date the franchisee receives the F.C.C. Certificate of
Compliance.
4.
Demonstrated experience in operating a CATV System under City franchise. Preference may be given upon evidence of the applicant's experience
in operating a CATV System under City franchise, where such evidence
would show or tend to show or confirm the ability of the applicant
to furnish sufficient and dependable service to the potential public
and private users.
C.
Hearings, Notices, Publications. The Palmyra City Council
shall award a franchise to an applicant only after a public hearing
on the application and proposal, notice of which hearing shall be
published in a local newspaper of general circulation at least twenty
(20) days before the date of the hearing. Any franchise that is granted
shall be authorized by a Resolution of the City Council, which Resolution
shall be thereafter published in a local newspaper of general circulation.
[Ord. No. 718 §6]
A.
All franchises
granted pursuant to this Chapter shall be subject to, and shall expressly
indicate that they are subject to, the following provisions:
1.
Any franchise granted hereunder shall be subject to the right of the City by Resolution of its Council to revoke the franchise for cause shown pursuant to Section 615.040 B of this Chapter.
2.
Any
franchise granted hereunder shall be subject to all applicable provisions
of City ordinances, and any amendments thereto. Should the F.C.C.
modify the provisions of their rules and regulations relating to Federal-local
regulatory relationships, the City shall then amend this Chapter within
six (6) months of the effective date of the modification, to be in
conformance with said modification.
3.
Any
franchise granted hereunder shall be subject to the right of the City:
a.
To
repeal the same for misuse, non-use, or the failure to comply with
the provisions of this Chapter, or any other local, State or Federal
laws, or Federal Communications Commission Rules or Regulations;
b.
To
require proper and adequate extension of the plant and service and
maintenance thereof at the highest practicable standard of efficiency
period;
c.
To
require extension of subscriber service to all residents within nine
(9) months of franchisee's receipt of the Federal Communications Commission
(F.C.C.) Certificate of Compliance;
d.
To
establish reasonable standards of service and quality of products,
and to prevent unjust discrimination in service or rates;
e.
To
require continuous and uninterrupted service to the public in accordance
with the terms of the franchise throughout the entire period thereof;
f.
To
impose such other regulations as may be determined by the Council
to be conducive to the safety, welfare and accommodation of the public;
g.
To
control and regulate the use of its streets, alleys, bridges and public
places and the space above and beneath them. Every franchisee shall
pay such part of the cost of improvement or maintenance of streets,
alleys, bridges and public places as shall arise from its use thereof
and shall protect and save the City harmless from all damages arising
from said use. The franchisee may be required by the City to permit
joint use of its property and appurtenances located in the streets,
alleys and public places of the City, by the City and other utilities
insofar as such joint use may be reasonably practicable and upon payment
of reasonable rental therefor; provided, that in the absence of agreement,
upon application by any franchisee, the Council shall provide for
arbitration of the terms and conditions of such joint use and the
compensation to be paid therefor, which award shall be final;
h.
Through
its appropriately designated representatives, to inspect all construction
or installation work performed subject to the provisions of the franchise
and this Chapter, and make such inspections as it shall find necessary
to insure compliance with the terms of the franchise, this Chapter,
and other pertinent provisions of law;
i.
At
the expiration of the term for which this franchise is granted or
upon the termination and cancellation as provided therein, to require
the franchisee to remove at its own expense any and all portions of
the CATV System from the public ways within the City;
j.
To
require the franchisee to pay the costs of publication of this Chapter,
provided such publication is required by law.
B.
Franchise Agreement.
1.
The
applicant awarded a franchise by City Council Resolution shall execute
a franchise agreement, agreeing to the terms and provisions of the
franchise and request for proposal. In addition, the franchisee shall,
within thirty (30) days of the date of execution of the franchise
agreement, submit his filing of an application for a Certificate of
Compliance with the Federal Communications Commission. Failure of
the selected applicant to execute such an agreement within thirty
(30) days of the City's demand therefor, or failure to file an application
for a Certificate of Compliance within the time herein required, shall
be grounds for immediate revocation of any rights the applicant may
have in the franchise.
2.
In addition
to those matters required elsewhere in this Chapter to be included
in the Franchise Agreement, it must contain the following express
representations by the franchisee that:
a.
It
accepts and agrees to all of the provisions of this Chapter, and any
supplementary specifications, as to construction, operation, or maintenance
of the System, which the City may include in the Franchise Agreement.
b.
It
has examined all of the provisions of this Chapter and waives any
claims that any provisions hereof are unreasonable, arbitrary or void.
c.
It
recognizes the right of the City to make reasonable amendments to
the franchise ordinance during the term of the franchise upon sixty
(60) days' prior notice to the franchisee or without notice with respect
to emergency amendments. It further recognizes and agrees that the
City shall in no way be bound to renew the franchise at the end of
any franchise term.
d.
It
recognizes and agrees that it may be considered a licensee for the
purposes of this Chapter.
3.
No franchise
shall be exclusive.
4.
Every
franchise shall specifically delineate the territorial extent of the
City in which the franchisee is authorized to operate.
6.
The
Franchise Agreement shall contain such further conditions or provisions
as may be included in the Request for Proposal and/or negotiated between
the City and the Franchisee, except that no such conditions or provisions
shall be such as to conflict with any provisions of this Chapter or
other law. In case of such conflict, or ambiguity between any terms
or provisions of the Franchise Agreement and this Chapter, the words
of this Chapter shall control.
C.
Number of Channels. The franchisee's distribution system
shall initially be capable of carrying as many channels as are permissible
under Federal Communication Commission Rules and Regulations.
D.
Use of Channels.
1.
In conformance
with Federal Communications Commission Rules and Regulations, certain
of the franchisee's channels shall be dedicated as access channels
and charges for use thereof shall also be in conformance with F.C.C.
Rules and Regulations.
2.
The
franchisee shall provide one (1) access studio in the City of Palmyra
which studio shall be equipped to cable-cast or video-tape programs
simultaneously for use in producing programs for access channels,
and shall include one (1) portable camera and recorder, and other
appropriate equipment, cost of maintenance of the studio and equipment
shall be borne by the franchisee.
3.
The
franchisee is encouraged to employ a program and production consultant
to promote public use of the access channels and to advise such public
users.
E.
Public Service Installations. The franchisee shall, without
charge for installation, maintenance, or service, make single installations
of its standard community antenna service facilities at each fire
and police station, public and private school within the City.
The franchisee shall, without charge for installation, maintenance
or service, make single installations of its standard community antenna
services to the City Hall and all public libraries. Such installations
shall be made at such reasonable locations as shall be requested by
the respective unit of government or educational institutions. Any
charge for relocation of such installations shall, however, be charged
at actual cost. Additional installations at the same location may
be made at cost plus ten percent (10%). No monthly service charges
shall be made for distribution of the franchisee's signals within
such publicly owned buildings.
F.
Other Business Activities. Subject to the right of the City
to change this policy if it deems such change necessary, neither the
franchisee hereunder nor any shareholder of the franchisee shall engage
in the business of selling, repairing or installing television receivers,
radio receivers or accessories for such receivers within the City
of Palmyra during the term of this franchise, and the franchisee shall
not allow any of its shareholders to so engage in any such business
except upon application to and approval by the City; provided, however,
that nothing herein shall be deemed to prohibit franchisee at customer's
request and without payment, from examining and adjusting a customer's
receiver set to determine whether reception difficulties originate
in said set or in franchisee's system. The franchise granted pursuant
hereto authorizes only the operation of a System as provided for herein,
and does not take the place of any other franchise, license or permit
which might be required by law of the franchisee.
G.
Interconnections. The franchisee shall, at the request of
the City of Palmyra interconnect its cable system with all other contiguous
cable systems, and the franchisee may interconnect with any other
system or service.
H.
Construction Standards and Requirements.
1.
All
of the franchisee's plant and equipment, including but not limited
to the antenna site, head-end and distribution system, towers, house
connections, structures, poles, wire, cable, coaxial cable, fixtures
and appurtenances shall be installed, located, erected, constructed,
reconstructed, replaced, removed, repaired, maintained and operated
in accordance with good engineering practices, performed by experienced
pole-line construction crews and so as not to endanger or interfere
with the safety of any persons or property, or to interfere with improvements
the municipality may deem proper to make, or to interfere in any manner
with the rights of any property owner, or to unnecessarily hinder
or obstruct pedestrian or vehicular traffic on municipal properties.
Further, all such plant and equipment and all construction shall meet
all relevant specifications of the Federal Communications Commission,
and other applicable Federal, State and Local Regulations.
2.
Any
opening or obstructions in or disturbances of the streets, public
ways, or other municipal properties made by the franchisee in the
exercise of its rights under the franchise agreement shall be done
in compliance with the City of Palmyra ordinances which regulate work
in the public ways of the City.
3.
The
franchisee shall at its expense, protect, support, temporarily disconnect,
relocate in the same street or other public place or municipal property,
or remove from the street or other public place or municipal property,
any property of franchisee when required by the City Council or its
designee by reason of traffic conditions, public safety, street vacation,
freeway and street construction, change or establishment or street
grade, installation of sewers, drains, water pipes, power lines, signal
lines, and tracks, or any other type of structures or improvements
by public agencies.
4.
The
franchisee shall, on the request of any private party holding an appropriate
permit issued by the City, temporarily raise or lower its lines to
permit the moving of any building or other structure, and the actual
expense of the same shall be paid by the party requesting the same.
5.
Upon
failure of the franchisee to commence, pursue, or complete any work
required by law or by the provisions of this franchise to be done
in any street or other public place or municipal property, within
the time prescribed, and to the satisfaction of the City Council or
its designee, the City Council or its designee may, at its option,
cause such work to be done and the franchisee shall pay to the City
the cost thereof in the itemized amounts reported by the City Council
or its designee to the franchisee within thirty (30) days after receipt
of such itemized report.
I.
Buildings, Apartments. The subscriber rates and charges
imposed by the franchisee with respect to service to multi-family
units shall not be increased or affected either directly or indirectly
by reason of any payment or payments which the franchisee may make
to the owner of any multi-family unit or any other person for the
privilege of installing service or access to such multi-family units.
J.
Repair. Any damage caused to the property of building owners
or users of any other person by the franchisee's negligence shall
be repaired fully by the franchisee.
K.
Removal of Facilities Upon Request. Upon termination of
service to any subscriber, the franchisee shall promptly remove all
its facilities and equipment from the premises of such subscriber
upon his written request.
L.
Transfer of Franchise Restricted. No franchise granted hereunder
may be transferred unless such transaction is first approved by the
City Council by Resolution, after public hearing.
M.
Receivership, Foreclosure, Etc. The franchise herein granted
shall at the option of the City Council or its designee cease and
terminate one hundred twenty (120) days after the appointment of a
receiver or receivers or trustee or trustees to take over and conduct
the business of the franchisee whether in a receivership, reorganization,
bankruptcy or other action or proceeding unless such receivership
or trusteeship shall have been vacated prior to the expiration of
said one hundred twenty (120) days, or unless:
1.
Such
receivers or trustees shall have, within one hundred twenty (120)
days after their election or appointment, fully complied with all
the terms and provisions of this Chapter and the franchise granted
pursuant hereto, and the receivers or trustees within said one hundred
twenty (120) days shall have remedied all defaults under the franchise;
and
2.
Such
receivers or trustees shall, within said one hundred twenty (120)
days, execute an agreement duly approved by the court having jurisdiction
in the premises, whereby such receivers or trustees assume and agree
to be bound by each and every term, provision and limitation of the
franchise herein granted.
In case of a foreclosure or other judicial sale of the plant,
property and equipment of the franchisee, or any part thereof, including
or excluding this franchise, the City Council or its designee may
serve notice of termination upon the franchisee and the successful
bidder at such sale, in which event the franchise herein granted and
all rights and privileges of the franchisee hereunder shall cease
and terminate thirty (30) days after service of such notice, unless:
N.
City's Right of Intervention. The franchisee shall not oppose
intervention by the City in any suit or proceeding to which the franchisee
is a party.
O.
Prohibition of Discriminatory or Preferential Practices. The franchisee shall not, in its rates or charges, or in making
available the services or facilities of its System, or in its rules
or regulations, or in any other respect, make or grant preferences
or advantages to any subscribed or potential subscriber to the System,
or to any user or potential user of the System; and shall not subject
any such persons to any prejudice or disadvantage. This provision
shall not be deemed to prohibit promotional campaigns to stimulate
subscriptions to the System or other legitimate uses thereof; nor
shall it be deemed to prohibit the establishment of a graduated scale
of charges and classified rate schedules to which any customer coming
within such classification shall be entitled.
P.
Open Access. The entire system of the franchisee shall be
operated in a manner consistent with the principal of fairness and
equal accessibility of its facilities, equipment, channels, studios,
and other services to all citizens, businesses, public agencies, or
other entities having a legitimate use for the System; and no one
shall be arbitrarily excluded from its use; allocation of use of said
facilities shall be made according to the rules or decision of regulatory
agencies affecting the same, and where such rules or decisions are
not effective to resolve a dispute between conflicting users or potential
users, the matter shall be submitted for resolution by the City Council.
Q.
Maintenance Personnel and Service. The franchisee shall
maintain a force of one or more resident agents or employees at all
times and shall have sufficient employees to provide safe, adequate
and prompt service of its facilities.
In addition, the franchisee shall maintain a convenient service
in the City during normal business hours, for the receipt of sums
due by its subscribers; shall provide for regular billing of accounts;
and shall further maintain a maintenance service which shall be promptly
available to subscribers twenty-four (24) hours a day, upon telephone
request.
R.
Emergency Use of Facilities. The franchisee shall, in the
case of any emergency or disaster, make its entire system available
without charge to the City or to any other governmental or civil defense
agency that the City shall designate.
S.
Filings and Communications with Regulatory Agencies. Copies
of all petitions, applications and communications submitted by the
franchisee to the Federal Communications Commission, Securities and
Exchange Commission, or any other Federal or State regulatory commission
or agency having jurisdiction in respect to any matters affecting
CATV operations authorized pursuant to this franchise, shall also
be submitted simultaneously to the City of Palmyra.
T.
Permits and Authorizations. The franchisee or applicant
for franchise shall diligently apply for all necessary permits and
authorizations required in the conduct of its business, and shall
diligently pursue the acquisition thereof, including necessary pole
attachment contracts, and necessary authorizations from the Federal
Aviation Agency to construct such receiving antenna towers as may
be required, and any necessary authorizations or waivers from the
Federal Communications Commission, and when any such permit, authorization,
contract or waiver is obtained, a copy thereof shall be promptly filed
by the franchisee with the City of Palmyra.
U.
Reports.
1.
Each
franchisee shall file with the City quarterly reports of gross subscriber
revenues signed by a certified public accountant and prepared in accordance
with regulations of the City. Each franchisee shall also allow the
City to audit all of its accounting and financial records upon reasonable
notice; make available all of its plans, contracts and engineering,
statistical, customer and service records relating to its system and
to all other records required to be kept hereunder; and at all times
maintain complete and accurate books of account, records of its business
and operations, and all other records required by this Chapter or
the franchise.
2.
Each
franchisee shall file annually with the City Ownership Report, indicating
all persons who at any time during the preceding year did control
or benefit from an interest in the franchise of one percent (1%) or
more and all creditors, secured and unsecured, in excess of one thousand
dollars ($1,000.00).
3.
Each
franchisee shall file annually with the City copies of all rules,
regulations, terms and conditions which it has adopted for the conduct
of its business.
V.
Safety, Nuisance, Requirements. The franchisee shall at
all times employ ordinary care and shall install and maintain in use
commonly accepted methods and devices preventing failures and accidents
which are likely to cause damage, injury or nuisance to the public.
X.
New Developments. The City Council may amend
this Chapter or the franchise whenever necessary to enable the franchisee
to take advantage of any developments in the field of transmission
of communication signals which will afford it an opportunity to more
effectively, efficiently or economically serve its customers; provided,
however, that this Section shall not be construed to require the City
to make any such amendment.
Y.
Insurance; Bonds and Indemnification.
1.
Liability and indemnification of City. The franchisee shall
indemnify and hold harmless the City of Palmyra at all times during
the term of the franchise granted hereby and specifically agrees that
it will pay all damages and penalties which the City may be legally
required to pay as a result of granting the franchise. Such damages
and penalties shall include, but not be limited to, damages arising
out of copyright infringements, and other damages arising out of the
installation, operation or maintenance of the CATV System authorized
herein, whether or not any act or omission complained of is authorized,
allowed, or prohibited by the franchise. In the case suit shall be
filed against the City either independently or jointly with the franchisee
to recover for any claim or damages, the franchisee, upon notice to
it by the City shall defend the City against the action and, in the
event of a final judgment being obtained against the City, either
independently or jointly with the franchisee solely by reason of the
acts of the franchisee, the franchisee will pay said judgment and
all costs and hold the City harmless therefrom.
2.
Insurance. The franchisee shall be required to maintain
insurance in such forms and in such companies as shall be approved
by the City, such approval not to be unreasonably withheld, to protect
the City and the franchisee from and against any and all claims, injury
or damage to persons or property, both real and personal, caused by
the construction, erection, operation or maintenance of any aspect
of the System. The amount such insurance shall be not less than the
following:
|
|
General Liability Insurance
| |
|---|---|---|
|
|
Bodily injury per person
|
$200,000.00
|
|
|
Bodily injury per occurrence
|
$600,000.00
|
|
|
Property damage per occurrence
|
$600,000.00
|
|
|
Property damage, aggregate
|
$600,000.00
|
|
|
Automobile Insurance
| |
|---|---|---|
|
|
Bodily injury per person
|
$200,000.00
|
|
|
Bodily injury per occurrence
|
$600,000.00
|
|
|
Property damage per occurrence
|
$600,000.00
|
|
|
Workmen's Compensation Insurance shall also be provided as required
by the laws of the State of Missouri.
| |
|---|---|---|
|
|
All said insurance coverage shall provide a ten (10) day notice
to the City Clerk in the event of material alteration or cancellation
of any coverage afforded in said policies prior to the date said material
alteration or cancellation shall become effective. Copies of all policies
required hereunder shall be furnished to and filed with the City Clerk,
prior to the commencement of operations or the expiration of prior
policies, as the case may be.
| |
Z.
Operational Standards. The technical standard for operation
of the System shall, in addition to meeting the requirements specified
in this Chapter, conform to all further requirements specified in
the Franchise Agreement which is to be in conformance with the request
for proposal, and any other standards or codes therefor as may be
adopted by the City of Palmyra, Missouri.
[Ord. No. 718 §7]
A.
Rates and Charges.
1.
Limitations on rates. The charges made to subscribers for
services of the franchisee hereunder shall be fair and reasonable
and no higher than necessary to meet all costs of the service (assuming
efficient and economical management), and provide a fair return on
the original cost, less depreciation, of the properties devoted to
such service (without regard to any subsequent sale or transfer price
or cost of such properties.) The franchisee shall receive no consideration
whatsoever from its subscribers for or in connection with its service
to its subscribers other than in accordance with this Section without
approval of the City.
2.
Adjustments to rates. The City shall have the power, authority and right to cause the franchisee's rates and charges to conform to the provisions of Subsection A hereof, and for this purpose, after a public hearing affording proper notice to the-franchisee and any other interested parties, it may deny increases in such rates and charges when it determines that in the absence of such action on its part, the franchisee's rates and charges or proposed increased rates and charges will not conform to said Subsection.
B.
Rate Schedule. An applicant for a franchise shall include
in its proposal rates and charges, which shall be approved by the
City and shall not be raised without approval of the City.
C.
Disconnection. There shall be no charge for disconnection
of any installations or connections.
D.
Other Governmental Regulation of Rates. If, in the future,
the State of Missouri or the United States Government or any regulatory
agency thereof regulates the rates of the franchisee for the service
provided for in the franchise, this Section shall be of no effect
during such regulation to the extent of any conflict therewith.
[Ord. No. 718 §8]
A.
Annual Fee. During the term of any franchise granted pursuant
to this Chapter, the franchisee shall pay to the City for the use
of its streets, public places, and other facilities, as well as the
maintenance, improvements, and supervision thereof, an annual franchise
fee in an amount equal to three percent (3%) of the annual gross Subscriber
Revenues received by it from operations conducted within the City.
This payment shall be in addition to any other tax or payment owned
to the City by the franchisee.
B.
Method of Computation. Sales tax or other taxes levied directly
on a per subscription basis and collected by franchisee shall be deducted
from the Gross Subscriber Revenues before computation of sums due
the City is made. Payments due the City under the terms of this Chapter
shall be computed quarterly as of September 30, December 31, March
31 and June 30 for the preceding quarter and shall be paid on or before
the thirtieth calendar day from each said computation date at the
office of the City Treasurer during his regular business hours. The
City shall be furnished a statement with each payment certified as
correct by the franchisee and prepared by a certified public accountant,
reflecting the total amount of Gross Subscriber Revenues, and the
above charges, deductions and computations, for the three (3) months
payment covered by the payment.
C.
Rights of Recomputation. No acceptance of any payment shall
be construed as a release or as an accord and satisfaction of any
claim the City may have for further or additional sums payable as
a franchise fee under this Chapter or for the performance of any other
obligation hereunder.
D.
Failure to Make Required Payment. Failure to pay any fees
required by this Section shall result in automatic suspension of the
franchise granted, and reinstatement thereof may be had only upon
resolution by the City Council, and payment of the delinquent fee
or fees plus any interest or penalties as may be required by the resolution.
[Ord. No. 718 §9]
A.
Non-Enforcement — No Estoppel. The franchisee shall
not be relieved of its obligation to comply promptly with any of the
provisions of the franchise by any failure of the City to enforce
prompt compliance.
B.
No Recourse Against City. The franchisee shall have no
recourse whatsoever against the City or its officers, boards, agents
or employees for any loss, cost, expense or damage arising out of
any provision or requirement of this franchise or because of its enforcement.
