[1]
Editor's Note — Ordinance number 1335 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, ord. no. 1335 was not inserted in the text here and Section 625.030 was returned to its original language.
[CC 2000 §620.030; CC 1990 §665.020; Ord. No. 14 §§3 — 7, 3-1-1950; Ord. No. 442 §1, 5-23-1972; Ord. No. 558 §1, 5-26-1976]
A.
License Tax. Every person, firm or corporation now or hereafter
engaged in the business of furnishing telephone services including
land lines and cellular services, in the City shall pay to the said
City as a license or occupational tax eight percent (8%) of the gross
receipts derived from such business within the City.
B.
Gross Receipts — Statement. All such persons, firms, companies or corporations described in Subsection (A) hereof shall file with the City Clerk of the City of Pagedale as follows:
1.
On the first (1st) day of September 1972, a verified statement of
gross receipts of such persons, firms, companies or corporations derived
from exchange telephone service from July 1, 1971 to July 31, 1972.
Payment of such tax so stated shall be for a license to operate for
the period beginning September 1, 1972 and ending September 30, 1972.
2.
On the first (1st) day of October 1972, a verified statement shall
be filed of gross receipts of such persons, firms, companies or corporations
derived from exchange telephone service from August l, 1972 to August
31, 1972. Payment of such tax so stated shall be made on the first
(1st) day of October 1972 and shall be for a license to operate for
the period beginning October 1, 1972 and ending October 30, 1972.
3.
Thereafter such statements and payment shall be due and made on the
first (1st) day of each month on the gross receipts derived from exchange
telephone service during the second (2nd) preceding calendar month.
Such payment shall be for a license to operate for the calendar month
in which the payment is made.
C.
Authority To Investigate. The City Clerk and such other
persons as may be designated by the Board of Alderpersons from time
to time is and are hereby authorized to investigate the correctness
and accuracy of the statement so filed and for that purpose shall
have access at all reasonable times to the books, documents, papers
and records of any person making such return in order to ascertain
the accuracy thereof.
D.
No Exemptions From Other Taxes. Nothing contained in this
Section shall be so construed as to exempt any person, firm or corporation
to which this Section is applicable from the payment to the City of
the tax which the City levies upon the real or personal property belonging
to such person, firm or corporation.
E.
Raise Or Lower Wires. All such persons, firms or corporations mentioned in Subsection (A) on the request of any person shall remove or raise or lower its wire 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.
F.
Right To Trim Trees, Etc. The right is hereby granted to all such persons, firms or corporations mentioned in Subsection (A) 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 Governing Body of said City or of any City Official to whom said duties have been or may be delegated.
G.
Violation And Penalty. Any person, firm or corporation engaged
in any business to which this Section applies who shall violate any
of the provisions hereof shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine of not less than
one hundred dollars ($100.00) nor more than five hundred dollars ($500.00)
for each such offense and each day such violation continues shall
be deemed a separate offense.
