Every person, firm, company, or corporation, and the successors and assigns owning, operating, controlling, leasing, and/or managing any such person, firm, company, or corporation, engaged in the business of furnishing public, non-municipal utility services to the citizens and entities of the City, and operating within the City, shall pay, as an annual franchise/occupation tax, seven percent (7%) of the gross receipts derived and collected from the sale of such public utility services within the present or future limits of the City, during the period of such occupation. The seven percent (7%) annual franchise/occupation tax shall be paid in addition to any other taxes imposed upon such public utilities.
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 City 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 the use of City rights-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. 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 or ordinance 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.
A. 
"Telephone service" is hereby defined to include provision of cellular and wireless telephones and is defined to be a public non-municipal utility service as contemplated under Section 640.010 of this Code, and further "telephone service" is defined to mean the service ordinarily and popularly ascribed to it including, without limitation, the transmission of messages and conversations through use of local, toll and wide area telephone service, private line services, landline services, cellular telephone services and maritime and air-to-ground telephone services. Telephone service includes the transmission of information over telephone lines and other telephonic media for facsimile transfers. Telephone service does not include value added services including computer processing applications used to act on the form, content, code and protocol of the information for purposes other than transmission.
B. 
A subscriber of telephone service is any individual, business, corporation or other entity who uses or maintains for use, equipment necessary to transmit information over telephone lines. Telephone line refers to any means of transmitting telephone messages including, but not limited to, wire, radio transmission, microwave and optic fiber technology.
C. 
The purpose of this Subsection is to clarify the telephone service as well as the provision of cellular and wireless telephone services shall be included as a public non-municipal utility service and shall not limit the application of said franchise and occupation tax under Section 640.010, of this Code, to all other current forms of public non-municipal utility services including, but not limited to, the provision of electricity, natural gas, water and cable television services to citizens and entities of the City.
A. 
The City hereby establishes and renews an occupation tax as established by ordinance on every electric company and every other person, firm or corporation, their successors and assigns, owning, operating, controlling, leasing or managing any electric plant or system, generating, manufacturing, selling, distributing or transporting electricity, (referred to as "energy providers"). Energy providers shall collect from their customers, but not from the City and other governmental agencies and political subdivisions located within the corporate limits of the City, and pay to the City an amount equal to seven percent (7%) of gross receipts derived from the sale, distribution or transportation of electricity delivered within the present or future limits of the City. Gross receipts as used herein are revenues received from the sale, distribution or transportation of electricity, after adjustment for the net write-off of uncollectible accounts and corrections of bills rendered.
B. 
The amount paid by energy providers shall be in lieu of, and energy providers shall be exempt from all other occupation, license, excise or right-of-way permit fees or taxes which the City may impose for the rights and privileges granted or for the privilege of doing business as an energy provider within the City and in the event any such fee, charge, license, tax or assessment shall be imposed by the City, the payment to be made in accordance with the provisions of this Section shall be reduced in an amount equal to the annual burden of such fee, charge, license, tax or assessment imposed upon the energy providers. Ad valorem property taxes imposed generally upon all real and personal property within the City shall not be deemed to affect the obligation of the energy providers under this Section.
C. 
Any consideration shall be reported and paid to the City by energy providers on a monthly basis. Such payment shall be made not more than thirty (30) days following the close of the period for which payment is due. Initial and final payments shall be prorated for the portion of the period at the beginning and end of the term of this Section.
D. 
Energy providers shall list the local occupation tax collected from customers as a separate item on bills for utility service issued to customers. If at any time the Missouri Public Service Commission, or other authority having proper jurisdiction, prohibits such recovery, then energy providers will no longer be obligated to collect and pay the occupation tax contemplated. In addition, an energy provider may discount or reduce the occupation tax payable for electricity delivered to a specific customer of an energy provider when it is required to reduce the occupation tax to retain the business of that customer. Modification or reduction of the occupation tax should occur if the occupation tax would cause the customer to cease purchase or transportation deliveries of electricity from the energy provider by installing equipment to access electric supply not subject to the City's occupation tax.
E. 
The City shall provide copies of annexation ordinances to energy providers on a timely basis to ensure appropriate occupation tax collection from customers within the corporate limits of the City.
F. 
The City shall have access to and the right to examine during normal business hours, Energy providers' books, receipts, files, records and documents that are necessary to verify the correctness of payments due. If it is determined that a mistake was made in the payment of any occupation tax required, such mistake shall be corrected promptly upon discovery, such that any under-payment by energy providers shall be paid within thirty (30) days of the recalculation and any over-payment by energy providers shall be discounted from the next payment(s) due.