[R.O. 2006 §640.070; CC 1978 §86.010]
There is hereby granted to the Missouri Edison Company, its successors and assigns, hereinafter referred to as "Grantee," the right, privilege and authority to construct, maintain and operate within the corporate limits, as the same now exist or may hereafter be extended, of the City of Warrenton, Missouri, hereinafter referred to as "Municipality," an electric light, heating and power system in, along, over, under and across the streets, avenues, alleys and public places in said Municipality for the transmission, distribution and sale of electric energy, together with the right, privilege and authority to erect, construct, maintain and operate all necessary poles, conductors, wires, conduits and apparatus in, along, over, under and across said streets, avenues, alleys and public places for such purposes. The Grantee shall have the right to operate said electric system by means of an electric generating plant located in the said Municipality, or by means of electric transmission lines and facilities extending from electric generating plants located elsewhere, or by means of both such methods.
[R.O. 2006 §640.080; CC 1978 §86.020]
All poles and other equipment placed or installed under this Article shall be so placed, whether in streets, alleys, avenues or other public places, as not to interfere unnecessarily with travel on such streets, alleys, avenues and other public places. All poles and other equipment placed or installed under this Article shall be so located as not to interfere unnecessarily with any pipes, conduits, sewers, drains or other like public improvements of the Municipality. If the Grantee, in the installation of any of its poles and equipment, finds it necessary to cut through pavement, it shall promptly repair and replace the same in good workmanlike manner. Sect
[R.O. 2006 §640.090; CC 1978 §86.030]
All poles and other equipment hereafter placed or installed by Grantee under this Article shall, insofar as practicable, be installed in alleys and side streets under the direction of the official or officials of said Municipality having charge of the supervision thereof; and the Grantee shall, in constructing, maintaining and operating poles, conductors, and other equipment, save and keep harmless the said Municipality from any loss or damage to life or property occasioned by reason thereof.
[R.O. 2006 §640.100; CC 1978 §86.040]
The rates to be charged for service furnished hereunder shall be the lawful rates fixed or approved from time to time by the Public Service Commission, or any regulatory body that may succeed to the power of said Commission to fix rates in the Municipality. The rates of the Grantee in force in the Municipality at the time this franchise becomes effective, however, shall be the rates to be charged by said Grantee until the same are changed by order of the said Commission or other regulatory body.
[R.O. 2006 §640.110; CC 1978 §86.050]
As part of the consideration for the rights and privileges granted herein, and in lieu of any special license tax, occupational tax, or any other charge now or hereafter authorized by law (other than ad valorem taxes) the Missouri Edison Company shall be obligated to pay, and by its acceptance of this ordinance contract and agrees to pay to the City of Warrenton on or before the tenth (10th) day of each month following the calendar quarter ending March thirty-first (31st), June thirtieth (30th), September thirtieth (30th) and December thirty-first (31st) of each year, during the term of this franchise, a sum equal to four and eight tenths percent (4.8%) of said company's electric revenues received during such calendar quarters for electric service supplied within the City limits exclusive of sales of electricity to said City for street lighting, water pumping, and any other municipal electric revenue.
[R.O. 2006 §640.120; Ord. No. 503 §§1 — 4, 6-4-1985; Ord. No. 583 §§I — II, 7-5-1988; Ord. No. 2009 §I, 9-20-2011; Ord. No. 2082 §I, 2-19-2013]
A. 
The following terms whenever used or referred to in this Section shall have these respective meanings unless a different meaning clearly appears from the context:
GROSS RECEIPTS
The aggregate amount of all sales and charges from the business of supplying electricity or electric service made by any person in the City of Warrenton during any period less discounts, credits, refunds, sales taxes and uncollectible accounts. Gross receipts deprived from the furnishing of such service to the City shall not be included in gross receipts, nor shall any tax be due on such gross receipts.
PERSONS
Shall include any individual, firm, co-partnership, association, corporation, trust, trustee, receiver, syndicate or any other group or combination acting as a unit in the plural as well as the singular number.
B. 
Every person now or hereafter engaged in the business of supplying electricity or electric service for compensation for any purpose in the City of Warrenton shall pay to the City of Warrenton, as a license tax, a sum equal to four and eight-tenths percent (4.8%) of the gross receipts derived from such business within the City of Warrenton.
C. 
Every person engaged in any business described in Subsection (B) hereof, shall file with the City of Warrenton on or before October 31, 1985, a sworn statement of the gross receipts of such person derived from the transaction of such business from September 5, 1985, to September 30, 1985, and on or before the thirty-first (31st) day of January, April, July and October of every year thereafter, a sworn statement of the gross receipts of such person from such business for the preceding three-month periods ending on December thirty-first (31st), March thirty-first (31st), June thirtieth (30th) and September thirtieth (30th), respectively; and shall pay the tax at the time of filing the statement. The City of Warrenton shall be and is hereby authorized to investigate the correctness and accuracy of such statement and for that purpose shall have access at all reasonable times during normal business hours to examine the books, documents, papers and records of any person making such statement in order to ascertain the accuracy thereof.
D. 
The tax herein referred to be paid shall be in lieu of any other occupation or license tax required of any person engaged in any of the businesses described in Subsection (B) hereof, but nothing herein contained shall be so construed as to exempt any such person from the payment to the City of Warrenton of the tax which the City of Warrenton levies upon the real and personal property belonging to any such person, nor the tax required of merchants or manufacturers for the sale of anything other than electricity or electric service, nor shall the tax herein required exempt any such person from the payment of any other tax which may be lawfully required other than any occupation tax on any of the business described in Subsection (B) hereof.
E. 
The Board of Aldermen has made a determination pursuant to Section 393.275, RSMo., and all other applicable authority, to maintain the tax rate of its business license tax on the gross receipts of businesses supplying electricity or electrical services, without reduction, regardless of the amount of any tariff increase, notwithstanding any periodic fluctuations in the tariffs of such corporation or any notice thereof, including, but not limited to, notice provided to the City pursuant to Section 393.275, RSMo.