Editor's Note—Ord. no. 857 was passed in compliance with
HB209 of the 2006 Missouri legislative session. Provisions contained
in HB209 were subsequently deemed unconstitutional by the Missouri
Supreme Court on August 8, 2006 in City of Springfield, Appellant
V Sprint Spectrum, L.P., Respondent Case No. SC87238. Consequently,
this ordinance was not codified.
[Ord. No. 283 §1, 7-2-1970]
Every person, firm, company or corporation now or hereafter
engaged in the business of furnishing exchange telephone service in
the City of Lake Tapawingo, Missouri, shall pay the said City a semi-annual
license tax, of five percent (5%) of the gross receipts derived and
collected from its or their customers located within the City, and
any services there provided, except such receipts as represent charges
for message rate toll, or long distance telephone service, charges
for exclusive interstate service of any kind, charges for Morse, telegraph,
television or radio program transmission facilities, or for other
services furnished exclusively and permanently in connection with
services extending beyond the boundaries of the City, charges for
the billing and collecting for telegrams, charges for the sale of
and advertising in telephone directories, charges for the rental of
plant facilities or other property not currently used by any such
company in furnishing its telephone services, and charges which combine
both receipts which are herein taxed and which are herein excepted
in all cases in which the demonstrable cost to any such telephone
company, in making a separation between the revenues taxed and those
excepted, shall exceed the evident revenue to be derived therefrom
by the City hereunder.
[Ord. No. 283 §2, 7-2-1970]
All such persons, firms, companies or corporations mentioned in Section 605.010 hereunder shall file with the City Clerk of said City on or before the fifteenth (15th) day of February of each calendar year and the fifteenth (15th) day of August of each calendar year a sworn statement of the gross receipts derived from such person, firm, company or corporation for the furnishing of such service during the period from January first (1st) to June thirtieth (30th) and July first (1st) to December thirty-first (31st). At the time of filing any such statements the person, firm, company or corporation involved shall pay to the City Collector of said City five percent (5%) of such gross receipts. The Telephone Company shall have the privilege of crediting such sums as may be due hereunder with any unpaid balance due said Company by telephone service rendered or facilities furnished to said City.
[Ord. No. 283 §4, 7-2-1970]
The payments required by the provisions of this Chapter shall be in lieu of all other excises, charges, exactions, rentals, impositions, or other license or occupation taxes heretofore imposed upon any person, firm, company or corporation engaged in the business described in Section 605.010 hereof; but nothing herein contained shall be construed to exempt such person, firm, company or corporation from any general or special ad valorem tax imposed upon the public generally by said City.
[Ord. No. 283 §5, 7-2-1970]
Upon payment of the tax as described in this Chapter, the City
shall issue an occupational license for the period covered by the
payment.
[Ord. No. 283 §6, 7-2-1970]
All such persons, firms, companies or corporations mentioned in Section 605.010, on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising, or lowering of wires shall be paid by the party or parties requesting such raising or lowering of wires, and payment in advance may be required. Not less than forty-eight (48) hours' advance notice shall be given to arrange for such temporary wire changes.
[Ord. No. 283 §7, 7-2-1970]
The right is hereby granted to all such persons, firms, companies or corporations mentioned in Section 605.010 to trim trees, brush, or hedges upon and overhanging the streets, alleys, sidewalks, and public places of said City, so as to prevent such foliage from coming in contact with telephone wires and cables, all of said trimming to be done under the supervision and direction of the Board of Aldermen of the City or of any City Official to whom said duties have been or may be delegated.
