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HomeMy WebLinkAboutOrd.3864.11-05-2007 Bill NO. 07-177 ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 8 OF THE CITY CODE ENTITLED "CABLE COMMUNICATIONS" AND ENACTING A NEW CHAPTER 8 ENTITLED "VIDEO SERVICE REGULATION" , IN THE CITY OF CAPE GIRARDEAU, MISSOURI Whereas, the 94th General Assembly enacted SB284 , codified as Sections 67 . 2675 through 67 . 2714 RSMo. , inclusive, ( 112007 Video Services Providers Act") establishing a state-wide franchise procedure for cable television and video service providers; and Whereas, the 2007 Video Services Providers Act authorizes municipalities to continue to regulate use of their rights-of- way, authorizes municipal fees on gross revenues attributable to providers of such services that use the public rights-of-way, and authorizes certain other requirements or obligations that may be imposed by franchise entities within which such services are provided; and Whereas, the City of Cape Girardeau was an entity authorized to require franchises and impose franchise fees prior to the enactment of the 2007 Video Services Providers Act and therefore has the authority of a "franchise entity" for purposes of such Act; and Whereas, the City of Cape Girardeau further is authorized to adopt the regulations herein applicable to video service providers within the City pursuant to the authority provided by Sections 67 . 675 through 67 . 2714 RSMo. , and other applicable law. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . Chapter 8 of the Code of Ordinances for the City of Cape Girardeau, entitled "CABLE COMMUNICATIONS" , including Sections 8-1 to 8-38, IS HEREBY REPEALED IN ITS ENTIRETY; provided that if any portion of the Sections 67 . 2675 through 67 . 2714 RSMo. , inclusive, are determined to be invalid, this Section One shall be of no force and effect and the repealed City Code sections shall continue in effect until or unless subsequently modified or repealed; and further provided that nothing herein shall be deemed to alter the continuing obligations set forth in Section 2 (f) of this ordinance . 1 ARTICLE 2 . A new Chapter 8 of the Code of Ordinances for the City of Cape Girardeau, entitled "Video Service Regulation" , is hereby enacted, in words and figures, to read as follows : CODE OF ORDINANCES Chapter 8. Video Service Regulation Sec. 1 . Short Title. This Chapter shall be known as the "Cape Girardeau Video Service Regulation Ordinance" . Sec. 2 . Video Services Providers. (a) Definitions. The words and phrases used in this Ordinance shall have the meaning as set forth in Section 67 . 2677 RSMo. or, if not defined therein, shall have such meanings as established by the 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 five percent (5%) of the gross revenues from such video services 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 Section 67 . 2692 RSMo. Notice or receipt of this Ordinance by the 2 video service provider shall be deemed notice of the City invoking such customer service requirements . (d) Rights-of-Way; 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 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 Manager 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 supplementary provisions relating to placement, screening and relocation of facilities as may be adopted by the City Council, 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 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 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 3 in writing and approved by the City Council . 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) 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 . ARTICLE 3 . The portions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining portions of this Ordinance are valid, unless the court finds the valid portions of this ordinance are so essential and inseparably connected with and dependent upon the void portion that it cannot be presumed that the City Council would have enacted the valid portions without the invalid ones, or unless the court finds that the valid portions standing alone are incomplete and are incapable of being executed in accordance with the legislative intent . ARTICLE 4 . If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . ARTICLE 5. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. 4 ARTICLE 6 . This ordinance shall be in full force and effect on and after December 31, 2007 . h PASSED AND APPROVED THIS r+ DAY OF 2001 • C C> . Knudtson, Mayor �P To �r O r� v s Z,I►L 7 Gayl . Conrad City 'Clerk 5