[Ord. No. 1728 §I, 11-20-2007]
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.
[Ord. No. 1728 §I, 11-20-2007]
Pursuant to Section 67.2689, RSMo., 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 five percent (5%) 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.
[Ord. No. 1728 §I, 11-20-2007]
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 Chapter
by the video service provider shall be deemed notice of the City invoking
such customer service requirements.
[Ord. No. 1728 §I, 11-20-2007]
Video service providers shall comply with the requirements of Sections 67.2707, 67.2709 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. 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 635.020, whether on public or private property, and such other applicable laws of the City, 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 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. 1728 §I, 11-20-2007]
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.
[Ord. No. 1728 §I, 11-20-2007]
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.
[Ord. No. 1728 §I, 11-20-2007]
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. 1728 §I, 11-20-2007]
A copy of 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 this Chapter.
