[Ord. No. 081908 §§1 — 2, 8-19-2008]
A. Definitions. The words and phrases used in this Section
shall have the meaning as set forth in Section 67.2677, RSMo.
B. Franchise Fee. Pursuant to Section 67.2689, RSMo., and,
if applicable, any existing and as partial compensation for 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 three
percent (3%) of the gross revenues from such video service 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 shall adopt and comply with the
minimum customer service requirements set forth in Section 67.2692,
RSMo. Notice or receipt of this Section 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 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.
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.
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 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 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 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 Section 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 Section shall, to the extent
permitted by law, not be affected by any claimed or actual failure
of a service provided to have received delivery of a copy of this
Section.