[Ord. No. 4815,[1] § 1, 11-28-2017]
The words and phrases used in this chapter shall have the meanings
set forth in RSMo. 67.2677, as amended, or, if not defined therein,
shall have such meanings as established by City Code.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 7.5, Cable Communications, adopted 5-10-1994 by Ord.
No. 3306, as amended.
[Ord. No. 4815, § 1, 11-28-2017]
Pursuant to RSMo. 67.2689, and as partial compensation for use
of the City's public rights-of-way, each video service provider
or other person providing video services within the City shall, to
the extent permitted by law, pay to the City a fee of 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 RSMo. 67.2689.
The City shall have the right to audit any video service provider
as authorized by RSMo. 67.2691. Late payments shall accrue interest
due to the City compounded monthly at 1.5% or such other maximum rate
as may be established by law. The fee required by this section may
be increased in the manner provided by RSMo. 67.2689.
[Ord. No. 4815, § 1, 11-28-2017]
All video service providers providing service within the City
shall adopt and comply with the minimum customer service requirements
set forth in RSMo. 67.2692. Notice or receipt of the ordinance codified
in this chapter by a video service provider shall be deemed notice
of the City invoking such customer service requirements.
[Ord. No. 4815, § 1, 11-28-2017]
Video service providers shall comply with the requirements of RSMo. 67.2707, 67.2709, RSMo., and all applicable City ordinances and regulations consistent with RSMo. 67.1830 to 67.1846, RSMo. relating to 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 attorneys' fees, as provided in such ordinances or regulations, but in no event less than the obligation on video service providers set forth in RSMo. 67.2695. 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 placement, screening and relocation of facilities as provided in chapters 24 and 26 of this Code, and such other applicable laws of the City, including any other valid zoning or land use ordinances 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 and authorized poles or wires.
[Ord. No. 4815, § 1, 11-28-2017]
Each video service provider shall designate a number of channels
for noncommercial public, educational and governmental programming
consistent with RSMo. 67.2703; provided that any greater number of
channels, as may be required in the incumbent cable franchise or franchise
ordinance, shall be required pursuant to RSMo. 67.2703.2. 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 governing body. Incumbent cable operators and
other video service providers shall provide support for such public,
educational and governmental channels consistent with RSMo. 67.2703.8.
[Ord. No. 4815, § 1, 11-28-2017]
To the extent permitted by the 2007 Video Service Providers
Act, the Board of Aldermen of the City hereby ratifies all existing
agreements, franchises and ordinances regulating cable television
operators and other video service providers, including the imposition
of a fee of a franchise fee of 3% imposed on the gross revenues of
all such providers and further declares that such agreements, franchises,
and ordinances shall continue in full force and effect until expiration
as provided therein or until preempted by the issuance of video service
authorizations by the Missouri Public Service Commission or otherwise
by law, but only to the extent of said preemption.
[Ord. No. 4815, § 1, 11-28-2017]
The City retains all rights in RSMo. 67.2675 through 67.2714,
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. 4815, § 1, 11-28-2017]
A copy of the ordinance codified in this chapter shall be delivered
to each video service 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 the ordinance codified in this chapter.
[Ord. No. 4815, § 1, 11-28-2017]
The portions of this chapter shall be severable. In the event
that any portion of this chapter is found by a court of competent
jurisdiction to be invalid, the remaining portions of this chapter
are valid, unless the court finds the valid portions of this chapter
are so essential and inseparably connected with and dependent upon
the void portions that it cannot be presumed that the Board of Aldermen
would have enacted the valid portions without the invalid ones, or
unless the court finds that the valid portions standing alone are
incomplete and are incapable of being executed in accordance with
the Board of Aldermen's legislative intent. If any portion of
RSMo. 67.2675 through 67.2714, inclusive, are determined to be invalid
or repealed, the City shall continue to have all authority existing
prior to enactment of such sections, and nothing herein shall be deemed
to limit such authority.
[Ord. No. 4815, § 1, 11-28-2017]
It shall be unlawful for any person to provide video services,
as defined in RSMo. 67.2677, within the City without either an agreement,
franchise, or ordinance approved by the City or a video service authorization,
issued by the Missouri Public Service Commission.
