The words and phrases used in this Chapter shall have the meanings
as set forth in Sections 67.2677, and 67.511, RSMo., or, if not defined
therein, shall have such meanings as established by City Code.
[1]
Editor’s Note: This ordinance amended the title of this
chapter, which was formerly Video Services Providers.
[Ord. No. 876 § 1(b), 11-18-2008]
Pursuant to Section 67.2689, RSMo., and as partial compensation
for the use of the City's public rights-of-way, each video service
provider or other person providing cable services or video services
within the City shall, to the extent permitted by law, pay to the
City a fee of five percent (5%) 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 service 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.
[Ord. No. 876 § 1(c), 11-18-2008]
All video service providers providing service within the City
shall adopt and comply with the minimum service requirements set forth
in Section 67.2692, RSMo. Notice or receipt of the ordinance by the
video service provider shall be deemed notice of the City invoking
such customer service requirements.
[Ord. No. 876 § 1(d), 11-18-2008]
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 the use of the City rights-of-way. Each video service provider
shall indemnify and hold harmless the City and its officers, employees
and agents from any loss or damage, including, but not limited to,
attorney's 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 City 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 screening and relocation of facilities as provided in
Section 1 of this ordinance, and such other applicable laws of the
City, except as may be otherwise validly preempted. Notwithstanding
any other ordinance to the contrary, no facilities to be used for
video services shall be installed without obtaining 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
poles or wires. Construction, replacement, repair and maintenance
of all utility facilities shall be subject to all other applicable
regulations and standards as established as part of the City Code,
including, but not limited to, building codes, zoning requirements
and rights-of-way management. Placement of video service facilities
on private property shall require the video service provider to obtain
an easement or other written permission from the owner of such property.
[Ord. No. 876 § 1(e), 11-18-2008]
Each video service provider shall designate two (2) channels
for public, educational and governmental programming consistent with
Section 67.2703, RSMo. The City shall bear no cost relating to the
transmission, availability or maintenance of such channel unless expressly
authorized by the City in writing and approved by the Board of Aldermen.
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.
[Ord. No. 876 § 1(f), 11-18-2008]
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.
[Ord. No. 876 § 1(g), 11-18-2008; Ord. No. 18-14, 12-18-2018]
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 service.
[Ord. No. 18-14, 12-18-2018]
A.
To the extent permitted by law, The City of Lake Lotawana, Missouri,
reserves the following:
1.
Pursuant to Section 67.5112, RSMo., The City may, on a non-discriminatory
basis, require a permit, with reasonable conditions, for work in a
right-of-way that will involve excavation, affect traffic patterns,
obstruct traffic in the right-of-way, or materially impede the use
of a sidewalk for wireless providers.
2.
The City may require a small wireless facility to comply with
reasonable, objective, and cost-effective concealment or safety requirements
adopted by the City.
3.
The City may require an applicant that is not a wireless services
provider to provide evidence of agreements or plans demonstrating
that the small wireless facilities will be operational for use by
a wireless services provider within one year after the permit issuance
date, unless the City and the applicant agree to extend this period
or if delay is caused by lack of commercial power or communications
transport facilities to the site and the applicant notifies the City
thereof. The City may require an applicant that is a wireless services
provider to provide the information required by this Subsection by
attestation.
4.
The City may deny a proposed co-location of a small wireless
facility or installation, modification, or replacement of a utility
pole that meets the requirements in Subsection 3 of Section 67.5112,
RSMo., only if the action proposed in the application could reasonably
be expected to:
a.
Materially interfere with the safe operation of traffic control
equipment or City-owned communications equipment;
b.
Materially interfere with sight lines or clear zones for transportation,
pedestrians, or non-motorized vehicles;
c.
Materially interfere with compliance with the Americans with
Disabilities Act, 42 U.S.C. §§ 12101 to 12213, or similar
federal or State standards regarding pedestrian access or movement;
d.
Materially obstruct or hinder the usual travel or public safety
on the right-of-way;
e.
Materially obstruct the legal use of the right-of-way by the
City, utility, or other third party;
f.
Fail to comply with reasonable and non-discriminatory spacing
requirements of general application adopted by ordinance or regulations
promulgated by the State Highways and Transportation Commission that
concern the location of ground-mounted equipment and new utility poles.
Such spacing requirements shall not prevent a wireless provider from
serving any location and shall include a waiver, zoning, or other
process that addresses wireless provider requests for exception or
variance and does not prohibit granting of such exceptions or variances;
g.
Fail to comply with applicable codes, including nationally recognized
engineering standards for utility poles or wireless support structures;
h.
Fail to comply with the reasonably objective and documented
aesthetics of a decorative pole and the applicant does not agree to
pay to match the applicable decorative elements; or
i.
Fail to comply with reasonable and non-discriminatory undergrounding
requirements contained in local ordinances as of January 1, 2018,
or subsequently enacted for new developments, that require all utility
facilities in the area to be placed underground and prohibit the installation
of new or the modification of existing utility poles in a right-of-way
without prior approval, provided that such requirements include a
waiver or other process of addressing requests to install such utility
poles and do not prohibit the replacement or modification of existing
utility poles consistent with this section or the provision of wireless
services.
[Ord. No. 18-14, 12-18-2018]
The City retains all rights in Sections 67.5110 through 67.5125,
RSMo., inclusive, and may take any and all actions permitted by law
to exercise such rights or to enforce such obligations on wireless
providers.
