[Ord. No. 876 § 1(a), 11-18-2008; Ord. No. 18-14, 12-18-2018[1]]
The words and phrases used in this Chapter shall have the meanings as set forth in Sections 67.2677, and 67.511, RSMo., or, if not defined therein, shall have such meanings as established by City Code.
[1]
Editor’s Note: This ordinance amended the title of this chapter, which was formerly Video Services Providers.
[Ord. No. 876 § 1(b), 11-18-2008; Ord. No. 25-06, 9-9-2025]
Pursuant to Section 67.2689, RSMo., and as partial compensation for the 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, shall pay to the City franchise fees as follows: beginning August 28, 2025, a fee of three and one-half percent (3.5%) of the gross revenues from such video services provided in the geographic area of the City, beginning August 28, 2026, a fee of three percent (3%) of the gross revenues from such video services provided in the geographic area of the City, and beginning August 28, 2027, and each year thereafter a fee of two and one-half percent (2.5%) 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.
[Ord. No. 876 § 1(c), 11-18-2008]
All video service providers providing service within the City shall adopt and comply with the minimum service requirements set forth in Section 67.2692, RSMo. Notice or receipt of the ordinance by the video service provider shall be deemed notice of the City invoking such customer service requirements.
[Ord. No. 876 § 1(d), 11-18-2008]
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 the 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, attorney's 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 screening and relocation of facilities as provided in Section 1 of this ordinance, 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 permit from the City authorizing the location and plans for such facilities; provided that this provision shall not apply to installation of otherwise lawful poles or wires. Construction, replacement, repair and maintenance of all utility facilities shall be subject to all other applicable regulations and standards as established as part of the City Code, including, but not limited to, building codes, zoning requirements and rights-of-way management. Placement of video service facilities on private property shall require the video service provider to obtain an easement or other written permission from the owner of such property.
[Ord. No. 876 § 1(e), 11-18-2008]
Each video service provider shall designate two (2) channels for public, educational and governmental programming consistent with Section 67.2703, RSMo. The City shall bear no cost relating to the transmission, availability or maintenance of such channel unless expressly authorized by the City in writing and approved by the Board of Aldermen. 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. 876 § 1(f), 11-18-2008]
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.
[Ord. No. 18-14, 12-18-2018]
A. 
To the extent permitted by law, The City of Lake Lotawana, Missouri, reserves the following:
1. 
Pursuant to Section 67.5112, RSMo., The City may, on a non-discriminatory basis, require a permit, with reasonable conditions, for work in a right-of-way that will involve excavation, affect traffic patterns, obstruct traffic in the right-of-way, or materially impede the use of a sidewalk for wireless providers.
2. 
The City may require a small wireless facility to comply with reasonable, objective, and cost-effective concealment or safety requirements adopted by the City.
3. 
The City may require an applicant that is not a wireless services provider to provide evidence of agreements or plans demonstrating that the small wireless facilities will be operational for use by a wireless services provider within one year after the permit issuance date, unless the City and the applicant agree to extend this period or if delay is caused by lack of commercial power or communications transport facilities to the site and the applicant notifies the City thereof. The City may require an applicant that is a wireless services provider to provide the information required by this Subsection by attestation.
4. 
The City may deny a proposed co-location of a small wireless facility or installation, modification, or replacement of a utility pole that meets the requirements in Subsection 3 of Section 67.5112, RSMo., only if the action proposed in the application could reasonably be expected to:
a. 
Materially interfere with the safe operation of traffic control equipment or City-owned communications equipment;
b. 
Materially interfere with sight lines or clear zones for transportation, pedestrians, or non-motorized vehicles;
c. 
Materially interfere with compliance with the Americans with Disabilities Act, 42 U.S.C. §§ 12101 to 12213, or similar federal or State standards regarding pedestrian access or movement;
d. 
Materially obstruct or hinder the usual travel or public safety on the right-of-way;
e. 
Materially obstruct the legal use of the right-of-way by the City, utility, or other third party;
f. 
Fail to comply with reasonable and non-discriminatory spacing requirements of general application adopted by ordinance or regulations promulgated by the State Highways and Transportation Commission that concern the location of ground-mounted equipment and new utility poles. Such spacing requirements shall not prevent a wireless provider from serving any location and shall include a waiver, zoning, or other process that addresses wireless provider requests for exception or variance and does not prohibit granting of such exceptions or variances;
g. 
Fail to comply with applicable codes, including nationally recognized engineering standards for utility poles or wireless support structures;
h. 
Fail to comply with the reasonably objective and documented aesthetics of a decorative pole and the applicant does not agree to pay to match the applicable decorative elements; or
i. 
Fail to comply with reasonable and non-discriminatory undergrounding requirements contained in local ordinances as of January 1, 2018, or subsequently enacted for new developments, that require all utility facilities in the area to be placed underground and prohibit the installation of new or the modification of existing utility poles in a right-of-way without prior approval, provided that such requirements include a waiver or other process of addressing requests to install such utility poles and do not prohibit the replacement or modification of existing utility poles consistent with this section or the provision of wireless services.