City of Pacific, MO
Franklin County
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Table of Contents
Table of Contents
[CC 1976 §19-30; Ord. No. 1485 §1, 5-5-1987]
The word "person" when used in this Article shall include any individual, firm, copartnership, joint venture, association, corporation, estate, business trust, trustee, receiver, syndicate, or any other group or combination acting as a unit, in the plural as well as the singular number.
[CC 1976 §19-31; Ord. No. 1485 §2, 5-5-1987]
Every person now, or thereafter, engaged in the business of supplying electricity, gas or water for compensation for any purpose in the City of Pacific, Missouri, and every manufacturing corporation now, or hereafter, engaged in the manufacture of electricity, gas or water for compensation for any purpose in the City of Pacific, Missouri, shall pay to the City as a license tax, a sum equal to seven and forty-two one-hundredths percent (7.42%) of the gross receipts from such business.
[Ord. No. 2809 §§1 — 2, 9-6-2011]
Pursuant to Section 393.275, RSMo., and other applicable authority, the City shall maintain now and hereinafter, unless otherwise provided by law, the tax rates of its license taxes on the gross receipts of businesses supplying electricity, gas or water, including as imposed pursuant to Section 655.020 and at such rates established by Section 655.020, as may be amended from time to time, without reduction notwithstanding any periodic fluctuations in the tariffs or service rates of such utility companies or any notice thereof, including, but not limited to, notice sent under Section 393.275, RSMo.
[CC 1976 §19-32; Ord. No. 1485 §3, 5-5-1987; Ord. No. 2312 §1, 11-19-2002]
A. 
It is hereby made the duty of every person engaged in any of the businesses described in the foregoing Section hereof to file with the City Clerk:
1. 
Not later than the last day of November, 2002, a sworn statement of the gross receipts from such business for the all preceding months for which the tax in this Section has not yet been paid to the City, up to and through October 31, 2002, and
2. 
Not later than thirty (30) days after the close of each calendar month commencing with November, 2002, a sworn statement of the gross receipts for such preceding month.
The Clerk or his duly authorized deputy shall be and is hereby authorized to investigate the correctness and accuracy of the statement required and for that purpose shall have access at all reasonable times to the books, documents, papers and records of any person making such statement in order to ascertain the accuracy thereof.
[CC 1976 §19-33; Ord. No. 1485 §4, 5-5-1987]
Every person now or hereafter engaged in any of the business described in Section 655.020 hereof shall pay the City Collector on the first (1st) day of February, 1987, an amount equal to seven and forty-two one-hundredths percent (7.42%) of said person's gross receipts from said business for the preceding twelve (12) calendar months, (January 1, 1986 through December 31, 1986) and provided that on February 1, 1986, seven and forty-two one-hundredths percent (7.42%) shall be paid for April 9, 1985 through December 31, 1985, and eight percent (8%) for February 1, 1985 through April 8, 1985.
[CC 1976 §19-34; Ord. No. 1485 §5, 5-5-1987; Ord. No. 2312 §1, 11-19-2002]
Every person now or hereafter engaged in any of the businesses described in Section 655.020 hereof shall pay the City Collector on the date required for filing of the sworn statement of gross receipts the tax in an amount equal to seven and forty-two one-hundredths percent (7.42%) of said person's gross receipts from said business for the period shown in such sworn statement as set forth in Section 655.030.
[CC 1976 §19-35; Ord. No. 1485 §6, 5-5-1987]
The tax herein required to be paid shall be in lieu of any other occupation tax described in Section 655.020 hereof, but nothing herein contained shall be so construed as to exempt any such person from the payment of the City of Pacific levies upon the real or personal property belonging to any such person, nor the tax required of merchants or manufacturers for the sale of anything other than electricity, gas, or water, nor shall the tax herein required exempt any such persons from the payment of any other tax which may be lawfully required other than an occupational tax on any of the businesses described in Section 655.120.
[CC 1976 §19-36; Ord. No. 1485 §7, 5-5-1987]
Any person engaged in any of the businesses described in Section 655.020, who shall violate any of the provisions of this Article, shall be deemed guilty of an offense and upon conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day's violation shall constitute a separate offense.
[1]
Editor's Note — Ord. nos. 2501 and 2505 were 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. 1011 §1, 1-21-1969; Ord. No. 1168 §1, 8-6-1974; CC 1976 §19-41; Ord. No. 2312 §2, 11-19-2002]
Every person engaged in the business of furnishing telephone service in the City shall pay the City, as a license tax, eight percent (8%) of the gross receipts derived from the furnishing of such service within the City as set forth in this Article.
[Ord. No. 1168 §2, 8-6-1974; CC 1976 §19-42; Ord. No. 2312 §2, 11-19-2002]
A. 
It is hereby made the duty of every person engaged in any of the businesses described in the foregoing Section hereof to file with the City Clerk:
1. 
Not later than the last day of November, 2002, a sworn statement of the gross receipts from such business for the all preceding months within the calendar year, and including all other prior gross receipts for the tax in this Section has not yet been paid, up to and through October 31, 2002, and
2. 
Not later than thirty (30) days after the close of each calendar month commencing with November, 2002, a sworn statement of the gross receipts for such preceding month.
The Clerk or his duly authorized deputy shall be and is hereby authorized to investigate the correctness and accuracy of the statement required and for that purpose shall have access at all reasonable times to the books, documents, papers and records of any person making such statement in order to ascertain the accuracy thereof.
[Ord. No. 1168 §2, 8-6-1974; CC 1976 §19-43]
The City Clerk or her duly authorized deputy, shall be, and is hereby authorized, to investigate the correctness and accuracy of the statement required by this Article and for that purpose shall have access at all reasonable times to books, documents, papers and records of any person making such statement in order to ascertain the accuracy thereof.
[Ord. No. 1168 §3, 8-6-1974; CC 1976 §19-44; Ord. No. 2312 §2, 11-19-2002]
Every person now or hereafter engaged in any of the businesses described in Section 655.080 hereof shall pay the City Collector on the date required for filing of the sworn statement of gross receipts the tax in an amount equal to eight percent (8%) of said person's gross receipts from said business for the period shown in such sworn statement as set forth in Section 655.090.
[Ord. No. 1011 §4, 1-21,69; Ord. No. 1168 §4, 8-6-1974; CC 1976 §19-45]
The payments required by the provisions of this Article shall be in lieu of all other excises, charges, exactions, rentals, impositions or other license or occupation taxes heretofore imposed upon any person engaged in any business described in this Article; but nothing contained in this Article shall be construed to exempt such person from any general or special ad valorem tax imposed upon the public generally by the City.
[Ord. No. 1011 §5, 1-21-1969; CC 1976 §19-46]
Any person subject to this Article on the request of any other person shall remove, raise or lower his 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 person or persons requesting such raising or lowering of wires, and payment in advance may be required; and not less than forty-eight (48) hours' advance notice shall be given to arrange for such temporary wire changes.
[Ord. No. 1011 §6, 1-21-1969; CC 1976 §19-47]
The right is hereby granted to any person subject to this Article to trim trees, brush or hedges upon and overhanging the streets, alleys, sidewalks and public places of the City, so as to prevent such foliage from coming in contact with telephone wires and cables, all of such trimming to be done under the supervision and direction of the Board of Aldermen or by any City official to whom said duties have been or may be delegated.