[Ord. No. 3129, 7-18-2016]
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.
[Ord. No. 3129, 7-18-2016]
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 service 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 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. 3129, 7-18-2016]
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. 3129, 7-18-2016]
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. 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 Chapter 400, Zoning, of the Code of the City of Malden, 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 service shall be installed without obtaining all required permits, including, but not limited to, 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 a 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. 3129, 7-18-2016]
In addition to any other requirement, and except as may otherwise
be provided by law, no person shall use any City facilities, poles,
or City real property or rights-of-way without a written agreement
with the City setting forth such consent and reasonable terms for
use thereof.
[Ord. No. 3129, 7-18-2016]
The obligations of a cable service provider or video service
provider as set forth in any state or local existing cable services
or video service franchise or ordinance shall also continue to apply
to the fullest extent permitted by applicable law.
[Ord. No. 3129, 7-18-2016]
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 services.
[Ord. No. 3129, 7-18-2016]
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.
[Ord. No. 3129, 7-18-2016]
The City shall be entitled to enforce any provision of this
Code through all remedies lawfully available, and any person who violates
the terms of this Code shall further be liable to pay the City's
costs and attorneys' fees in enforcing such Code provisions.
Additionally, any user of City services, rights-of-way or other City
facilities or property shall, as a condition of such use or continued
use, to the full extent permissible by law, be liable to pay the City's
costs and attorneys' fees incurred in enforcing any lawful requirement
applicable to such use, whether arising in contract, statute, ordinance,
or other enforceable duty as to such use.
[Ord. No. 3129, 7-18-2016]
No provision of this Chapter shall apply to any circumstance
in which such application shall be unlawful under superseding Federal
or State law and furthermore, if any section, subsection, sentence,
clause, phrase, or portion of this Code is now or in the future superseded
or preempted by state or federal law or found by a court of competent
jurisdiction to be unauthorized, such provision shall be automatically
interpreted and applied as required by law.
[Ord. No. 3129, 7-18-2016]
All accessory 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 regulations in addition to the supplementary
regulations herein. The provisions of this Section shall not apply
to any circumstance or entity in which application under such circumstances
is preempted or otherwise precluded by superseding law or to the extent the
City officer charged with enforcement reasonably determines that public
safety would be negatively impacted by any specific application.
