[CC 1997 §14-6; Ord. No. 156 §2, 6-14-1954; Ord. No. 294 §2, 5-8-1972; Ord. No. 335 §2, 1979]
All persons engaged in the business of supplying public utility
services to residents or businesses within the City shall henceforth
be licensed and regulated.
[CC 1997 §14-7; Ord. No. 156 §3, 6-14-1954; Ord. No. 294 §3, 5-8-1972; Ord. No. 335 §3, 1979; Ord. No. 346
§1, 12-8-1980; Ord.
No. 420 §2, 5-14-1990; Ord. No. 461 §1, 10-26-1992; Ord. No. 463 §1, 11-9-1992]
A.
The
payment of four percent (4%) shall be made by those persons chargeable
with the payment of the above license on a monthly basis and no later
than the last business day of each month following the month during
which sales were made. Such license payments shall be in lieu of any
and all taxes for such rights and privileges whether such taxes be
for sale, use, occupation, license, franchise, privilege, excise or
otherwise. For the first (1st) calendar month, the payments for license
purposes shall be computed upon sales made for the period beginning
on April first (1st) and ending on April third (3rd). By the last
business day of each succeeding calendar month, it shall be the duty
of any such person engaged in the business of selling, supplying or
distributing public utility services for compensation for any purpose
in the City to file with the City Clerk a statement setting forth
its gross sales within the City and at the same time to pay the City
Clerk the total amount due for such license.
B.
The
City may, through its proper officers, at any time during normal business
hours, examine the works and records of any such person for the purpose
of determining the accuracy of the reports so made. All reports shall
be verified by affidavit by a proper person preparing and filing said
report. The term "gross sales", as used herein, means
the aggregate amount of all sales and charges of the commodities or
services as hereinabove described in the City during any period, less
discounts, credits, refunds, sales taxes and uncollectible accounts
actually charged off.
[CC 1997 §14-8; Ord. No. 156 §4, 6-14-1954; Ord. No. 294 §4, 5-8-1972; Ord. No. 335 §4, 1979]
The license fee herein required to be paid shall be a license
fee on and for the use and occupation of the streets, alleys and other
public highways of the City and for the pipelines and conduits necessary
for the conduct of the business of the persons mentioned herein and
nothing herein contained shall be so construed as to exempt any person
from the payment of the tax which the City levies upon any real or
personal property belonging to any such person.
[CC 1997 §14-9; Ord. No. 156 §5, 6-14-1954; Ord. No. 294 §5, 5-8-1972; Ord. No. 335 §5, 1979]
The Collector of the City or any authorized deputy is hereby
authorized to investigate the correctness and the accuracy of any
statement so filed and for that purpose shall have access at all reasonable
times to the books, documents, papers and records of the person making
such return in order to ascertain the accuracy thereof.
[CC 1997 §14-10]
Any person engaged in the following occupations, i.e., business
of selling, supplying or distributing to the public exchange telephone
service; the business of selling and distributing water for residential
or commercial purposes; the business of selling and distributing natural,
artificial or mixed natural and artificial gas for residential or
commercial purposes; and in the business of selling electricity to
the public for residential or commercial purposes in the City shall
hold the City harmless from all liability imposed upon it on account.
[Ord. No. 926, 2-15-2023; Ord. No. 938, 6-21-2023]
A.
The gross receipts tax imposed upon public utility services, including, but not limited to, any gas corporation, electric corporation, water corporation, or sewer corporation, pursuant to Chapter 610 of the Code of Ordinances of the City of Oakland, Missouri, shall be maintained at its existing rate of four percent (4%), despite any tariff increases awarded to any public utility effective on or before May 30, 2023.
B.
Pursuant to Section 393.275, RSMo., and any and all other applicable authority, the City shall maintain the tax rate of its business license taxes on the gross receipts of any business supplying or furnishing public utility service in the City, including as imposed pursuant to Sections 610.010 and 610.020, as may be amended from time to time, without reduction notwithstanding any periodic fluctuations in the tariffs of such utility corporations or any notice thereof, including, but not limited to, notice sent under Section 393.275, RSMo.
[Ord. No. 739 §1, 7-25-2007]
A.
Definitions. 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
the 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 Section by the video service provider
shall be deemed notice of the City invoking such customer service
requirements.
D.
Rights-of-Way Regulation — Indemnification — Permits
And Compliance With Other Laws. 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 use of the City right-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 Section 510.190 of this Code, whether on public or private property, and such other applicable laws of the City, except as may be otherwise validly pre-empted. 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 in writing
and approved by the Governing Body. 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, ordinance and/or agreement shall
also continue to apply to the full extent permitted by applicable
law.
G.
Reservation Of Rights. 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 service.
H.
Notice. A copy of this Section 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 Section 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
Section.
