[Ord. No. 09-07 §§1 —
2, 9-3-2009]
A.
Definitions. The words and phrases used in Section 610.010 of this Chapter shall have the meaning as set forth in Section 67.2677, RSMo., or, if not defined therein, shall have such meaning as established by County Code.
B.
Franchise Fee. Pursuant to Section 67.2689, RSMo., and as
partial compensation for use of the County's public rights-of-way,
each video service provider or other person providing cable services
or video services within the County shall, to the extent permitted
by law, pay to the County a fee of five percent (5%) of the gross
revenues from such video services provider in the geographic area
of the County. Such payment shall be made as required by Section 67.2689,
RSMo. The County shall have the right to audit any video service provider
as authorized by Section 67.2691, RSMo. Late payments shall accrue
interest due to the County 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 service providers
providing service within the County shall adopt and comply with the
minimum customer service requirements set forth in Section 67.2692.2,
RSMo., within ninety (90) days of receiving notice of this Chapter.
D.
Rights-Of-Way Regulation — Indemnification — Permits
And Compliance With Other Laws. Video service 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 County rights-of-way.
Each video service provider shall indemnify and hold harmless the
County 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 service providers set forth in Section 67.2695, RSMo. The
County may require documentation of such indemnification by written
agreement or other instrument to the extent permitted by law. In addition,
video service providers shall be subject to and comply with such supplementary
provisions relating to placement, screening and relocation of facilities
as provided in such other regulations or ordinances of the County,
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 a permit from the County
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
service 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, if any, shall
be required pursuant to Section 67.2703.2, RSMo. The County shall
bear no cost relating to the transmission, availability or maintenance
of such channels unless expressly authorized by the County in writing
and approved by the Governing Body. Incumbent cable operators and
other video service 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 service provider as set forth in any existing cable
services or video services franchise or ordinance shall also continue
to apply to the full extent permitted by applicable law.
G.
Reservation Of Rights. The County 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 service.
H.
Notice. A copy of this Chapter shall be delivered to each
video service provider operating in the County after notice to the
County that such provider is authorized to provide service within
the County; 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.
I.
Validity. The provisions of this Chapter shall be severable.
In the event that any provision of this Chapter is found by a court
of competent jurisdiction to be invalid, the remaining provisions
of this Chapter shall remain valid, unless the court finds the valid
provisions of this Chapter are so essential and inseparably connected
with and dependent upon the void provision that it cannot be presumed
that the County Commission of Cass County would have enacted the valid
provisions without the invalid ones, or unless the court finds that
the valid provisions standing alone are incomplete and are incapable
of being executed in accordance with the legislative intent.
