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HomeMy WebLinkAbout1972-326-3 - Establishment of License FeesBILL N0. J "~ ~' _ ~ ORDINANCE N0.3~ ~- 3 t ,.~, AN ORDINANCE ESTABLISHING A LICENSE FEE TO BE PAID BY PERSONS, FIRMS OR CORPORATIONS ENGAGED IN THE BUSINESS OF SUPPLYING NATURAL OR MANUFACTURED GAS, ELECTRICITY, WATER OR TELEPHONE SERVICE TO CUSTOMERS WITHIN THE CORPORATE LIMITS OF THE CITY OF RIVERSIDE: ESTABLISHING THE RATE OF SUCH LICENSE FEE: FIXING THE TIME WHEN SUCH FEE SHALL COMMENCE: AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. Every gas, electricity, water, or telephone company and every corporation, company, association, joint stock company or association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, owmiig, operating, managing, leasing or controlling a gas, electricity, water or telephone plant or system for the manufacture, distribution, sale or furnishing of gas, (natural or manufactured) electricity, water or telephone service, ~,_.~ shall, in addition to all other taxes, payments or requirements now or hereafter required by law or city ordinance, pay to the city as a license fee a sum equal to ten percent (l00) of the licensee's gross receipts from the sale of gas, electricity, water or telephone service sold for domestic or commercial purposes within the limits of the city under the licensee's applicable "General Service" rate schedule on file with and approved by the Public Service Commission of Missouri. The licensee shall not later than February 1 and August 1 respectively of each year make a report to the governing body of the city of its said gross receipts for the six (6) months' period preceding December 31 and June 30 respectively and at the time of making such reports shall pay into the city treasury the aforesaid license fee based upon the gross receipts so reported. The acceptance of such fees shall not prejudice the right of the city to collect any additional fee thereafter found to be due. In the event that licensee shall pay a sum greater than is due upon its gross receipts for any period by reason of its inability to determine accurately the amount properly due, licensee shall be entitled following a determination of the overpayment to deduct such overpayment and receive a credit ~` therefor against the amount of license fee due for the next succeeding period or periods following the determination of the overpayment. The city, by its duly authorized representatives, shall have the right, at all reasonable times during business hours, to make such examinations and inspections of the books of such licensee as may be necessary to determine the correctness of such reports. The city shall have the right, at its own expense, to employ the same accountants who make the annual audit of the books, records and accounts of the business of the licensee, to audit, at the same time, the licensee's accounts and records and certify as to the correctness of any payments due and payable by the licensee to the city. The city may at its option employ independent accountants to inspect the books, records and accounts of the licensee. Section 2. For each and every month, or part thereof, any such license fee remains unpaid, after the same becomes due and payable, there shall be added to such license fee, as a penalty for such delayed payment, ten percent (10%) of the amount of such license fee for the first month, or part thereof, the ~, ~ same is unpaid, and for each and every month thereafter two ,~' percent (2%) of the amount of such license fee until the same is fully paid. Section 3. The fee herein required to be paid shall not { apply to gas, electricity, water or telephone service provided "' to the United States or to the State of Missouri or any agency or political subdivision thereof, educational institutions not operating for profit, churches and charitable institutions. Section 4. The fee herein required to be paid is an occupation or license fee and shall be in lieu of any other occupation or license fee required of any person, firm or corporation engaged in the business described in Section 1 thereof, but nothing herein shall be construed as exempting such person, firm or corporation from the payment of any tax upon real or personal property nor from the payment of any other lawfully levied tax other than a license or occupation tax. Section 5. Each licensee subject to the provisions of this ordinance shall commence computation of the license fee as described in Section 1 of this ordinance as of January 1, 1973 except that any licensee subject to the provisions of this ordinance that is now paying a franchise tax to the City of Riverside shall commence computation of the license fee as ,~ described in Section 1 of this ordinance on the first day of the first month following the expiration date of said franchise. Section 6. All ordinances conflict herewith are expressly Code Sections 12.2, 12.3 and 12 contained shall be construed to holder of any franchise for the due under said franchise. and parts of ordinances in repealed including specifically .4 provided that nothing herein affect the obligation of the payment of the compensation Section 7. This ordinance shall be designated Section 12.17 in the Code of the city of Riverside. PASSED this ~ ~ day of December, 1972. . / ,~ ~ L-~ ~. ~~~ Mayor ATTEST: ~-~ P~~ City Cler APPROVED this ~~day of ecember, 1972. l r ~% `~ . Mayor '-,-1