[Ord. No. 7519 §2, 4-8-2013]
The words and phrases used in this Section shall have the meanings
as set forth in Section 67.2677, RSMo., or, if not defined therein,
shall have such meanings as established by City Code.
[Ord. No. 7519 §2, 4-8-2013; Ord.
No. 8662, 11-27-2023]
A. 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 video services within the City shall, to the extent
permitted by law, pay to the City a fee of on the gross revenues from
such video services provided in the geographic area of the City at
the rate as follows:
Starting August 28, 2023, a franchise fee rate of four and one-half
percent (4.5%);
Starting August 28, 2024, a franchise fee rate of four percent
(4%);
Starting August 28, 2025, a franchise fee rate of three and
one-half percent (3.5%);
Starting August 28, 2026, a franchise fee rate of three percent
(3%); and
Starting August 28, 2027, a franchise fee rate of two and one-half
percent (2.5%).
B. Provided,
however, if Section 67.2689, RSMo., is further amended, superseded,
or is preempted by Federal regulation or Statute, the City 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 City may further adjust the video service provider fee
as permitted in Section 67.2689, RSMo., if necessary.
C. Such
franchise fee 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.
D. The
City Manager, City Clerk, and City Attorney are hereby authorized
to take all other steps to effectuate the purpose of this Section,
including sending notice to the Missouri PSC or video service providers
as may be required by law, or otherwise determined to be prudent,
for the correct and accurate collection of the video service provider
franchise fees.
[Ord. No. 7519 §2, 4-8-2013]
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 a video service provider shall be deemed notice of the City invoking
such customer service requirements.
[Ord. No. 7519 §2, 4-8-2013]
Video service providers shall comply with the requirements of Sections 67.2707, 67.2709 and all applicable ordinances and regulations not inconsistent with Sections 67.1830 to 67.1846 RSMo., relating to use of the City's rights-of-way, including but not limited to Chapter
550 of the City Code. 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 and other rights-of-way management obligations by written agreement or other instrument to the extent permitted by law. In addition, video service providers shall be subject to and comply with any supplementary provisions relating to placement, screening and location of facilities as provided in the City Code whether on public or private property, and such other applicable laws of the City, except as may be otherwise validly preempted. Notwithstanding any other ordinance to the contrary, no facilities to be used for video services shall be installed without obtaining a building permit from the City authorizing the location and plans for such facilities on private property or an excavation permit from the City authorizing work in public rights-of-way, or other permit authorizing location of facilities from the City; provided that this provision shall not apply to installation of otherwise lawful and authorized poles or wires.
[Ord. No. 7519 §2, 4-8-2013]
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,
may 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. 7519 §2, 4-8-2013]
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 fullest
extent permitted by applicable law.
[Ord. No. 7519 §2, 4-8-2013]
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. 7519 §2, 4-8-2013]
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.