[Ord. No. 2453 §2, 11-4-2008]
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
the Parkville Municipal Code.
B.
Franchise Fee. Pursuant to Section 67.2689, RSMo., and as
partial compensation for use of the City of Parkville's public rights-of-way,
each video service provider or other person providing cable services
or video services within the corporate boundaries of Parkville, Missouri,
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 provider
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.
C.
Customer Service Requirements. All video service providers
providing service within the City of Parkville shall adopt and comply
with the minimum customer service requirements set forth in Section
67.2692, RSMo. Notice or receipt of this Chapter by the video service
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 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 City rights-of-way. Each video service provider shall indemnify and hold harmless the City of Parkville 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 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 Section 515.010 and such other applicable laws of the City of Parkville, 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 Public Works Department 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, shall be
required pursuant to Section 67.2703.2, RSMo. The City of Parkville
shall bear no cost relating to the transmission, availability or maintenance
of such channels unless expressly authorized by the Mayor in writing
following approval 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.
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 City of Parkville 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 City of Parkville after notice
to the City that such provider is authorized to provide service within
the corporate boundaries of Parkville, Missouri; 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.
