[R.O. 2010 §461.340; Ord. No. B2-01 §3.1, 2-19-2001; Ord. No. 01-24, 1-16-2024[1]]
A. 
Definitions. The words and phrases used in this Section 461.340 shall have the meaning as set forth in Section 67.2677, RSMo., or, if not defined therein, shall have such meanings as established by City Code.
B. 
Franchise Fee. 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 four and one-half percent (4.5%) of the gross revenues charged to each customer of a video service provider in the geographic area of the City. The franchise fee will taper according to State Statute as follows:
1. 
Effective August 28, 2024: Four percent (4%) of the gross revenues charged to each customer of a video service provider in the geographic area of the City.
2. 
Effective August 28, 2025: Three and one-half percent (3.5%) of the gross revenues charged to each customer of a video service provider in the geographic area of the City.
3. 
Effective August 28, 2026: Three percent (3%) of the gross revenues charged to each customer of a video service provider in the geographic area of the City.
4. 
Effective August 28, 2027, and thereafter: Two and one-half percent (2.5%) of the gross revenues charged to each customer of a 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 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, RSMo., 67.2709, RSMo., and all applicable ordinances and regulations consistent with Sections 67.1830 to 67.1846, RSMo., relating to use of the City's 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 all other applicable laws of the City, except as may be otherwise validly preempted. Notwithstanding any other ordinance or regulations 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 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 providers 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 provider to have received delivery of a copy of this Section.
[1]
Editor's Note: Ord. No. 01-24 additionally repealed Article II, containing Sections 461.340 through 461.440, setting out in its place Section 461.340. The remaining Sections of Article II have been left reserved below. By implication, we additionally changed the title of this Article to reflect this change.