[Ord. No. 07-449 §1, 8-13-2007]
A. Definitions. The words and phrases used in this Chapter
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 Code.
B. Franchise Fee. Pursuant to Section 67.2689, RSMo., and as
partial compensation for use of the Village's public rights-of-way,
each video service provider or other person providing cable services
or video services within the Village shall, to the extent permitted
by law, pay to the Village a fee on the gross revenues from such video
service provided in the geographic area of the Village at the rate
as follows:
[Ord. No. 23-010, 11-13-2023]
Starting August 28, 2023, a franchise fee rate of 4.5%;
|
Starting August 28, 2024, a franchise fee rate of 4%;
|
Starting August 28, 2025, a franchise fee rate of 3.5%;
|
Starting August 28, 2026, a franchise fee rate of 3%; and
|
Starting August 28, 2027, a franchise fee rate of 2.5%.
|
Provided, however, if Section 67.2689, RSMo., is further amended,
superseded, or is preempted by Federal regulation or statute, the
Village will charge the maximum allowable franchise fee rate upon
video service providers. The franchise fee shall be paid on the provider's
gross revenues on or before the last day of the month following the
end of each calendar quarter. The Village may further adjust the video
service provider fee as permitted in Section 67.2689, RSMo., if necessary.
|
Such franchise fee payment shall be made as required by Section
67.2689, RSMo. The Village 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 Village 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 Village 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 Village 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 Village rights-of-way. Each video service provider shall indemnify and hold harmless the Village 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 Village 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 location of facilities as provided in Section
405.067, whether on public or private property, and such other applicable laws of the Village, 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 Village authorizing the location and plans for such facilities; provided that this provision shall not apply to installation of otherwise lawful and authorized poles or wire.
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 Village shall bear
no cost relating to the transmission, availability or maintenance
of such channels unless expressly authorized by the Village 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 ordinance and/or agreement shall
also continue to apply to the full extent permitted by applicable
law.
G. Reservation Of Rights. The Village 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 Village after notice to the
Village that such provider is authorized to provide service within
the Village; 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.