City of Bolivar, MO
Polk County
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Table of Contents
Table of Contents

Section 730.010 Change in Utility Rates.

[R.O. 2007 §760.010; Ord. No. 341 §§1 — 2, 11-2-1943]
A. 
Any utility company doing business in the City of Bolivar, Missouri, shall, upon petition or request to the Public Service Commission for a change in rates charged for electricity, power, energy, telephone service or any rated service sold to the inhabitants of the City or to the City itself, first serve such notice of change, setting out the change asked for, the Governing Body asked for such change and the time and place of hearing if known to the Mayor of the City of Bolivar and the City Attorney thereof.
B. 
Any officer or representative of any public utility in charge of its office in the City of Bolivar, Missouri, who shall fail or refuse to comply with the provision of the preceding Subsection shall be deemed guilty of an ordinance violation and upon conviction thereof shall be subject to a fine as provided in Section 100.220 of this Code.

Section 730.020 Rental For Use of Streets, Etc., To Utility Companies.

[R.O. 2007 §760.020; Ord. No. 340 §§1 — 7, 11-2-1943]
A. 
Any public utility company whose franchise for the use of the streets, avenues, alleys or other public places in the City of Bolivar for the purposes of maintenance and operating its distribution system expires, shall, after such expiration and until this Section is repealed or otherwise modified, pay to the City of Bolivar, as rental for such use thereof, five percent (5%) of its gross monthly revenues derived from the sale of its products or service within the City of Bolivar, so long as it continues, after the expiration of such franchise, to use such streets, avenues, alleys or public places for such purposes.
B. 
Such rentals shall be payable monthly.
C. 
It shall be the duty of the City Clerk to collect such monthly rentals and same, when collected, shall become part of the General Revenue Fund of the City of Bolivar.
D. 
It shall be the duty of every such public utility to furnish the City Clerk with a true and correct statement of the amount of its gross monthly revenues, and if it fails to do so within ten (10) days after demand in writing, then its right to continue to so use the public streets, avenues, alleys or other public places in the City of Bolivar may be terminated by ordinance.
E. 
Upon the passage of such terminating ordinance, it shall be the duty of the City Clerk to forthwith deliver to such public utility company at its office or usual place of business in Bolivar, Missouri, and to the person in charge thereof a certified copy of such terminating ordinance.
F. 
Thirty (30) days after the delivery of such terminating ordinance to such public utility company, its right to continue to use the streets and other public places of the City of Bolivar for the purposes of maintaining and operating its distribution system shall cease and terminate.
G. 
It shall be unlawful for such public utility company to use the streets and other public places of the City of Bolivar for the purposes of maintaining and operating its distribution system after the expiration of thirty (30) days from the delivery of such terminating ordinance as herein provided, and each day of the use of the streets and other public places of the City of Bolivar for such purposes after thirty (30) days from the delivery of such terminating ordinance to such public utility company shall constitute a separate offense and shall be punished by a fine of ten dollars ($10.00) per day.

Section 730.025 Establishing A License and Occupation Tax.

[R.O. 2007 §750.040; Ord. No. 886 §§1 — 7, 12-13-1984]
A. 
Every light and power company, their successors and assigns, generating, manufacturing, selling, distributing, transmitting, supplying and furnishing electricity, electric power, electric energy and electric service ("Licensee") in the City of Bolivar, Missouri, shall, for the privilege of doing business and engaging in said occupation therein, pay to the City of Bolivar a license and occupation tax.
B. 
The license and occupation tax herein provided shall be a sum equal to 1.961 percent of the gross receipts derived from the transaction of Licensee's business within the City of Bolivar.
C. 
Gross Receipts Defined.
1. 
The term "gross receipts", when used, shall mean:
a. 
Except as otherwise provided in Subsection (C)(2) hereof, all monies collected and received by Licensee from the manufacture, distribution and sale of electric power and energy to all of Licensee's customers within the present and future boundaries of the City of Bolivar served under rate schedules as now or hereafter approved by the Missouri Public Service Commission for residential, commercial and industrial service having a reserve capacity of forty (40) kilowatts or less, before any deductions are made therefrom by the Licensee for any expenses, costs or charges of any kind.
b. 
All monies collected and received by Licensee from the sale or lease of goods and products to all of Licensee's customers within the present and future boundaries of the City of Bolivar, before any deductions are made therefrom by the Licensee for any expenses, costs or charges of any kind.
2. 
"Gross receipts" shall not include:
a. 
Late charges and interest collected and received by Licensee.
b. 
All monies collected and received by Licensee from the following customers of Licensee: None.
D. 
Light And Power Company Defined. The term "light and power company", when used in this Chapter shall mean every occupation, company, association, firm and individual which is an "electrical corporation" owning and operating an "electric plant" as a "public utility" within the meaning of and as defined in the Missouri Public Service Commission Law, Chapters 386 and 393, RSMo.
E. 
The Licensee shall pay the tax herein provided (monthly), said tax to be computed upon the basis of gross receipts collected and received by Licensee which are subject to said tax from the first (1st) day through the last day of each month during which Licensee is doing business and engaged in said occupation, beginning on December 13, 1984.
F. 
The exact date after the end of each month on which Licensee shall pay the tax herein provided, the form and contents of reports filed by Licensee with the City of Bolivar showing the gross receipts which are subject to said tax and the date on which said reports are due shall be as mutually agreed upon by the City of Bolivar and the Licensee.
G. 
The license and occupation tax herein provided shall be in addition to all other taxes, payments or fees now or hereafter required by law or ordinance.

Section 730.030 Violation — Penalty.

[R.O. 2007 §760.030; Ord. No. 340 §8, 11-2-1943]
Any officer or representative of any public utility in charge of its office in the City of Bolivar, Missouri, who shall fail or refuse to comply with the provisions of Section 730.020 of this Chapter shall be deemed guilty of an ordinance violation and upon conviction thereof in the Municipal Court shall be subject to a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) or imprisonment in the City Jail for not more than three hundred (300) days or both such fine or imprisonment.

Section 730.040 Enforcement of Chapter.

[R.O. 2007 §760.040; Ord. No. 340 §9, 11-2-1943]
The Mayor and City Attorney are authorized to take appropriate legal steps for enforcing this Chapter by civil action in any court of competent jurisdiction.