[Ord. No. 3038 §1, 6-2-2008]
A.
Definitions. The words and phrases used in this Section
shall have the meaning as set forth in Section 67.2677, RSMo., or,
if not defined therein, shall have such meanings as established by
City Code.
B.
Franchise Fee. Pursuant to Section 67.2689, RSMo., and as
partial compensation for use of the City's public rights-of-way, each
video services provider or other person providing video services within
the City shall, to the extent permitted by law, pay to the City a
fee of three percent (3%) of the gross revenues from such video services
provided in the geographic area of the City. Such payment shall be
made as required by Section 67.2689, RSMo. The City shall have the
right to audit any video services provider as authorized by Section
67.2691, RSMo. Late payments shall accrue interest due to the City
compounded monthly at one and one-half percent (1.5%) or such other
maximum rate as may be established by law.
C.
Customer Service Requirements. All video services providers
providing service within the City shall adopt and comply with the
minimum customer service requirements set forth in Section 67.2692,
RSMo. Notice or receipt of this Chapter by a video services provider
shall be deemed notice of the City invoking such customer service
requirements.
D.
Rights-Of-Way Regulation — Indemnification — Permits
And Compliance With Other Laws. Video services providers shall comply with the requirements of Sections 67.2707, 67.2709, RSMo., and all applicable ordinances and regulations consistent with Sections 67.1830 to 67.1846, RSMo., relating to use of the City's rights-of-way. Each video services provider shall indemnify and hold harmless the City and its officers, employees and agents from any loss or damage, including, but not limited to attorneys' fees, as provided in such ordinances or regulations, but in no event less than the obligation on video services providers set forth in Section 67.2695, RSMo. The City may require documentation of such indemnification by written agreement or other instrument to the extent permitted by law. In addition, video services providers shall be subject to and comply with such supplementary provisions relating to placement, screening and location of facilities as provided in Section 405.551 of this Code, whether on public or private property, and such other applicable laws of the City, except as may be otherwise validly pre-empted. Notwithstanding any other ordinance to the contrary, no facilities to be used for video services shall be installed without obtaining all required permits, including but not limited to, a permit from the City authorizing the location and plans for such facilities; provided that this provision shall not apply to installation of otherwise lawful and authorized poles or wires.
E.
Public, Educational And Governmental Channels. Each video
services provider shall designate a number of channels for public,
educational and governmental programming consistent with Section 67.2703,
RSMo.; provided that any greater number of channels, as may be required
in the incumbent cable franchise or franchise ordinance, shall be
required pursuant to Section 67.2703.2, RSMo. The City shall bear
no cost relating to the transmission, availability or maintenance
of such channels unless expressly authorized by the City in writing
and approved by the Board of Aldermen. Incumbent cable operators and
other video services providers shall provide support for such public,
educational and governmental channels consistent with Section 67.2703.8,
RSMo.
F.
Continued Obligations. The obligations of a cable service
provider or video services provider as set forth in any existing cable
services or video services franchise or ordinance shall also continue
to apply to the fullest extent permitted by applicable law.
G.
Reservation Of Rights. The City retains all rights in Sections
67.2675 through 67.2714, RSMo., inclusive, and may take any and all
actions permitted by law to exercise such rights or to enforce such
obligations on providers of video services.
H.
Notice. A copy of this Chapter shall be delivered to each
cable and video services provider operating in the City after notice
to the City that such provider is authorized to provide service within
the City; provided that the provisions of this Chapter shall, to the
extent permitted by law, not be affected by any claimed or actual
failure of a service provider to have received delivery of a copy
of this Chapter.
