[Ord. No. 2011-18 § 640.020, 12-13-2011]
A. Definitions. The words and phrases used in this Section 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 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 services
provided 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 ordinance by a 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 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 such supplementary provisions relating to placement, screening
and location of facilities as provided in the Zoning Code of the City
of Bel-Ridge, 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, and 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.
E. Public, Educational And Governmental Channels. 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. To the extent provided by law, 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.
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 fullest 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 ordinance 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 ordinance 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 ordinance.