Chapter 80 – Real Estate Taxes

Chapter 80–Real Estate Taxes

 

80.010.    Annual levy.

 

  1. Property taxable. For the support of the City government, the advancement of the public interest, and the improvement of the City of Holden, taxes shall be levied on all property, real and tangible personal, subject to taxation for state, county or city purposes.

 

  1. Property held January 1st liable for taxes. Every person owning or holding property on the first day of January, including all such property purchased on that day shall be liable for taxation thereon for the ensuing year.

 

  1. Levy, when made. It shall be the duty of the mayor and the city council, on or before the regular meeting of the council in July of each year, or as soon thereafter as the Assessor’s Book is returned from the Board of Equalization  as hereinafter provided, to establish by ordinance the rate of taxes to be levied, assessed and collected on the assessed valuation of such real and tangible personal property, within the City as is subject to taxation for city purposes.  Such rate shall not exceed the rate fixed by the constitution and statutes of the State of Missouri on the hundred dollars valuation for general revenue purposes.

 

  1. Levy, for bonded debt. The City of Holden shall not be allowed to become indebted in any manner, for any purpose, to an amount exceeding in one year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose nor in cases requiring such assent shall indebtedness be incurred to an amount, including existing indebtedness, in the aggregate exceeding five percent of the value of the taxable property therein, to be ascertained by the assessment next before the last assessment for state and county purposes previous to the incurring of such indebtedness, and for such purpose the council may, when submitting said question to the voters, provide for the collection of an annual tax sufficient to pay the interest of said indebtedness as it falls due and also constitute a sinking fund for payment of the principal thereof within twenty years from the date of incurring said indebtedness, and shall make a levy for each year thereafter in a sufficient amount to pay for same and create a sinking fund therefore.  Said levy shall be in addition to the levy for general revenue.
  2. Levy, application thereof. The tax authorized for paying interest and principal on the bonded indebtedness of the City shall be set apart and faithfully appropriated for that purpose and no other.
  3. Levy for general revenue. The city council may by ordinance levy a tax annually for general municipal purposes which shall not exceed one dollar on the hundred dollar valuation.  The said rate for such purposes may be increased for a period of not to exceed four years when such rate and purpose of increase is submitted to a vote of the qualified voters of the City of Holden and receives the assent of two-thirds of those so voting at said election, but in such instance the increase so voted shall not exceed an additional thirty cents on the one hundred dollar valuation.  If necessary such an increase may be voted upon at a special election held in conformity with the statutes of the State of Missouri regarding same.  Such proposition shall be submitted to such election when petitioned by five percent or more of the qualified voters voting for mayor at the last city election at which a mayor was elected.
  4. (ORD. # 1-88) Annual rate of tax. That there be and is hereby levied a tax for the City of Holden, Missouri, beginning on January 1, 1987 and continuing until changed by public vote.  The tax rate shall be as follows:
    1. GENERAL FUND; The sum of 66 cents per One Hundred                Dollars                  ($100.00) of the valuation                          assessed of all property listed                          for taxation in said City.

 

  1. HOLDEN PUBLIC LIBRARY FUND; The                          sum of 13 cents per One Hundred                          Dollars ($100.00) of the valua-                          tion assessed of all property                          listed for taxation within the

 

80.020.    Duty of city council.

 

  1. Delinquent list returnable to collector. Upon the completion of the annual settlement the council shall cause the land and lot delinquent list and personal delinquent list to be returned to the collector, who shall be charged with the amount of taxes thereon by the city clerk, who shall proceed to collect the same as provided in this Chapter, and the laws of the State of Missouri, and to account therefore as for all other moneys collected by him, and when he make his next annual settlement he shall submit such lists, and shall be entitled to credit for such as he has been unable to collect.  When his term of office shall have expired the collector shall return to the city council all delinquent lists and a list of all judgments and decrees rendered upon any tax bills upon which suit has been brought and which remain unpaid, the amount thereof, to the end that final settlement may be made and such lists may be delivered to his successor, and so on until the whole of such lists have been collected or otherwise disposed of.    Upon the making of any final settlement, the collector shall turn over to his successor all uncollected delinquent lists that have been approved by the council and thereupon the clerk shall credit his account with the amount of such lists and charge the same to his successor.

 

  1. Delinquent list to be corrected. At the meeting of the council at which the land and lot and personal delinquent lists are required by this Chapter to be returned and certified, the said council shall examine and compare the list of land and town lots on which taxes remain due and unpaid.  If upon examination any such lands or town lots have been assessed more than once, or if any such lands or town lots are not subject to taxation, of it the legal subdivisions be incorrectly described, in all such cases the council

shall correct such errors by the best means in their power and cause the list so corrected to be certified and filed in the office of the city clerk and the amount thereof to be entered on record.

 

  1. May compromise. When it shall appear to the city council that a tract of land or town lot described in the said back tax book is not worth the amount or taxes, interest and costs due thereon, as charged in said back tax book, or that the same would not sell for the amount of such interest, taxes and costs, it shall be lawful for the city council to compromise said taxes with the owner of said tract or lot, and upon payment to the city collector of the amount agreed upon, the city clerk shall issue under the sale of the City, a certificate of redemption, which shall have the effect to release said land or lot from the lien of the city and all taxes due thereon, as charges in said back tax book.  In case the city council shall compromise and accept a less amount than shall appear to be due on any tract of land or town lot, as charged is said tax book, it shall be the duty of the council to order the amount so paid to be distributed to the various funds to which such taxes are due in proportion as the amount received bears to the whole amount against such tract or lot; provided the city council may order that no suit be brought on any special tract or lot which is not worth or will not bring the amount of taxes, interest and costs due thereon; provided further that the city council may direct that any tax or fund, the validity of which is being contested in the courts, may be omitted from any suit brought under this article but the judgment rendered in any action where such tax is omitted, whenever the council may direct an action to be brought for such omitted tax, shall not bar or affect any subsequent action for such tax so omitted.

 

80.030.    Duty of city clerk.  When the council shall have received the Assessor’s Book corrected and certified from the Board of Equalization, and shall have established the rate of taxes to be levied and collected on the property described therein, as provided by this Chapter, it shall be the duty of the clerk forthwith to extend in appropriated columns opposite each item of taxable property on said Assessor’s Book, the amount of city taxes, whether general or special due thereon, and thereupon he shall charge the collector with the full amount of such taxes as levied and to be collected, and said

Assessor’s Book shall be carefully preserved in the officer of the city clerk.

 

80.040.    Tax book.  As soon as the city taxes shall have been extended on the Assessor’s Book and within thirty days thereafter, the clerk shall make out for the use of the collector a correct and true copy thereof with the taxes extended therein, and said copy shall be certified by the clerk and authenticated by the seal of the city and shall be know as the City Tax Book.

80.050.    (ORD # 6-92)  Contracting services. The City Council is hereby authorized to contract with the Johnson County Clerk and the Johnson County Collector for the services of extending and collecting the ad-valorem taxes for the City of Holden (detailed in 80.020 through 80.030 above), when it is deemed to be advisable for the City to do so.

Chapter 82 – Motor Vehicle Licenses

Chapter 82–Motor Vehicle Licenses

 

82.010.    Licenses required of owners of motor vehicles.  It shall be unlawful for the owner or owners of any motor vehicle, automobile or motorcycle residing within the corporate limits of the City of Holden, Missouri, to run, drive or operate such motor vehicle upon any street, avenue or highway within the corporate limits of the City of Holden, Missouri, without first having obtained and procured a license from said City therefore.

 

82.020.    What licenses may be levied.  No license levied and collected an any motor vehicle under the provisions of this Section shall exceed one-third of the registration fee charged by the State of Missouri on such motor vehicle, automobile or motorcycle including cost of plate and fee for issuing license.

 

82.030.    Licenses fixed and levied and amount therefore.  There is hereby fixed and levied a license tax upon each motor vehicle, automobile, or motorcycle owned, operated and used, or that may hereafter be owned, operated and used within the corporate limits of the City of Holden by any person or persons residing within the corporate limits of said City of Holden, to be paid annually by the owner or operator thereof in amounts as follows:

 

Automobile or Van           $ 6.50          Trucks weighing from

one-half to one ton           6.50          Trucks weighing over one

ton up to three ton           7.50          All trucks weighing over          three ton                    10.00          Motorcycle                    3.50

82.040.    Dealers licenses.  All motor vehicles operated with dealers tags as permitted by the State law, shall pay license fees as above, and shall be issued a special metal tag bearing substantially the same wording as hereinafter set out for other license “stickers,” in lieu of said “stickers.”

82.050.    Owner or operator of motor vehicle must display number plate or sticker.  It shall be unlawful for the owner or owners or operator of any motor vehicle, residing within the corporate limits of the City of Holden, Missouri, to run, drive or operate such motor vehicle upon any street, avenue, alley or public highway within the corporate limits of the City of Holden, without displaying the number plate or sticker furnished to the owner or owners of such motor vehicle by the city collector upon the payment of the license on such motor vehicle; such number plate, if a number plate is furnished by the collector, to be displayed on the right hand side of such motor vehicle in place easily seen and the number thereon to correspond to the number of the license for such motor vehicle as shown by the records of the city collector with the date of said license and signed by the collector; provided, further, that in case such sticker or certificate be lost or destroyed or damaged to such extent that it is not legible, the owner of such vehicle shall procure from the city collector a duplicate certificate or sticker to be attached and displayed in the same manner as the original, for which he shall pay the collector the sum of forty-five cents.

 

 

 

82.060.    Motor vehicle licenses, when due and for how long issued.  All motor vehicle licenses shall be due on the first day of July in each and every year, and shall be issued for a period or term expiring the first day of the following July.  If any motor vehicle license is issued after the first day of July in any year for a motor vehicle acquired after the first day of July, the license shall be prorated in the same manner and upon the same conditions that the State of Missouri prorates the registration fee for motor vehicles.

 

82.070.    Violation of this section a misdemeanor. Any person or persons violating any provision or provisions of this section or any part thereof, shall be deemed guilty of a misdemeanor.

Chapter 83 – Cigarette Tax

Chapter 83–Cigarette Tax

 

83.010.    Definitions.  Whenever used in this Chapter the following words shall be deemed to have the following meaning:

 

  1. Any roll for smoking made wholly or in part of tobacco, irrespective of the size or shape thereof, and whether or not such tobacco is flavored, adulterated or mixed with other ingredient, the wrapper or cover of which is made of paper or of any other substance or material except tobacco.

 

  1. Any individual, partnership, society, association, joint stock company, corporation, estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and combination of individuals.

 

  1. Wholesale dealer. Any person who sells cigarettes to retail dealers or other persons for the purpose of resale only.

 

  1. Retail dealers. Any person other than a wholesale dealer, jobber or a manufacturer engaged in the business of selling cigarettes.

 

  1. The individual package, box or other container in or from which retail sales of cigarettes are normally made or intended to be made.
  2. Any transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever for a consideration or any agreement therefore.

83.020.    Amount of license fee.  Every person engaged in the retail business of selling cigarettes or offering or displaying the same for sale within the City shall procure a license therefore for each place of business that he desires to have for sale of cigarettes in the City, and at the time such license is issued, shall pay to the city collector the sum of One Dollar ($1.00) as a registration fee for each such place of business, and in addition thereto, each such person, engaged in said business; shall pay an occupation tax at the rate of One Dollar ($1.00) per thousand for each and all cigarettes so sold or offered or displayed for sale.  The intent and meaning of this Chapter is that the same shall levy an occupation tax based upon and pursuant to the method provided for by Section 94.110 RSMo. and pursuant to the powers therein granted and the powers further granted under the Statutes of Missouri to cities of the Third Class.  Said tax shall be paid and the stamps hereinafter provided for shall be affixed by the person selling such cigarettes, or displaying or offering the same for sale, after the same shall have come to rest in this City, and before being displayed or offered for sale by any retail dealer in this City, subject to exceptions as hereinafter set out.

83.030.    (ORD # 18-97) Manner of Payment. The tax provided by Section 83.020 of this Chapter shall be paid by purchase from the City Clerk of stamps of such design and denomination as may be prescribed by the City Clerk; or, alternatively, by payment of such tax contemporaneously with delivery of the sales report pursuant to Section 83.040 below.  All dealers, wholesalers and retailers shall be allowed a discount of (10) per cent of the remittance and/or stamp purchase provided information is reported and paid both accurately and timely.  Inaccurate reporting and payment will cause the discount to be disallowed.

83.040.    (ORD # 14-97) Evidence of Payment. It shall be the duty of every wholesale dealer or jobber, before delivering to any retail dealer or other person within the city for sale at retail with the city:

  1. To affix to each package of cigarettes a stamp purchased from and furnished by the City Treasurer, which stamp so affixed and canceled , shall evidence the payment of the occupation license tax imposed by this article, and such stamp shall by canceled as soon as it shall be affixed to the package containing such cigarettes.

 

  1. Alternatively, the wholesale dealer or jobber shall agree to provide to the City a report showing daily purchases and returns of each package of cigarettes by each retail dealer and vending machine operator within the City which report shall net out the dollar amount due the City for the occupation license tax by the month. The reporting form shall be approved by the City and shall be due not later than the 15th of each month for the preceding month.  Each wholesale dealer of jobber shall authorize the City to verify such reports with information provided to the Missouri Department of Revenue.

83.050.    (ORD # 14-97)  Sale Restricted. No person shall sell or offer for sale or display for sale at retail within the City any cigarette unless on the container thereof there has been affixed a Missouri State decal, the occupation license tax has been paid thereon, and evidence of payment has been made pursuant to Section 83.030.

 

83.060.    Forging, etc., stamp unlawful.  No person shall falsely or fraudulently make, forge, alter or counterfeit any stamp or stamps prescribed by the City Council under the provisions of this Chapter, or cause or procure to be falsely or fraudulently made, forged, altered or counterfeited any such stamp or stamps, or knowingly and willfully utter, publish, pass or tender as true any false, altered, forged or counterfeited stamp or stamps.

 

83.070.    All dealers must be licensed.  Any person, who at the time this Chapter takes effect, shall be engaged in the business of selling cigarettes or offering or displaying the same for sale under an unexpired general merchant’s license or `blended license’ shall nevertheless be required to make application for and register himself for a license as a dealer in cigarettes.

 

83.080.    Applications and permits.

 

  1. Any person engaging in or desiring to engage in the sale of cigarettes which retail within the City shall file an application for a cigarette permit. This shall be made upon a form furnished by the city collector and shall set forth under oath the information required.  Upon approval of the application the city collector shall issue the applicant a cigarette permit for each place of business set forth in the application.

 

  1. Said permits shall not be assignable and shall be valid only for the persons in whose name they are issued and only for the transactions of business at the place designated therein. It shall at all times be conspicuously displayed in said establishment.

 

  1. Said permit shall continue valid until suspended, surrendered or revoked by the mayor or the city collector.

 

  1. Whenever any permit is defaced, destroyed or lost the city collector shall issue a duplicate permit upon payment of a fee of $.50.

 

83.090.    Affixing and cancellation of stamps.

 

  1. Stamps may be affixed by wholesalers or jobbers. Every wholesaler or jobber desiring to sell cigarettes to retailers in Holden, Missouri, shall likewise file an application for a cigarette permit as hereinabove provided for retail dealers.  Such permits for wholesalers or jobbers shall not be assignable and shall not be valid only for the wholesalers or jobbers in whose name they are issued and for the transaction of business in the City of Holden, Missouri.  Such permits shall expire one year from the date of issue unless sooner suspended, surrendered, or revoked by the city collector.  After receiving such permit such wholesalers or jobbers shall affix or cause the said stamps to be affixed to all packages of cigarettes sold by him to any retailer in the City of Holden, Missouri, and upon his so affixing said stamps shall be entitled to charge said retail dealer the cost thereof and said retail dealer shall not be required to purchase or affix additional stamps to the cigarettes so purchased from said licensed wholesaler or jobber.

 

  1. Each retail dealer shall affix or cause to be affixed within the time hereinafter prescribed to each package of cigarettes in his possession or at any time thereafter purchased by him or left in his custody or control stamps furnished by and purchased by and purchased from the city collector evidencing the payment of the occupation tax imposed by this Chapter. Said dealer shall likewise write or stamp in ink across the face of each unopened box, carton or other container of such cigarettes the word “received” and the month, day and year of such receipt or shall affix his initials thereto.  He shall in any event open each such box, carton or other container and immediately affix or cause stamps to be affixed to each package therein within twenty-four hours after such receipt and prior to the sale of such cigarettes.

 

83.100.    Suspension and revocation.  The City Council may suspend, or after hearing, revoke a cigarette permit whenever it finds that the holder thereof has failed to comply with any of the provisions of this Chapter or any rules or regulations prescribed or promulgated under this Chapter.  Upon suspending or revoking any cigarette permit, the City Council shall request the holder thereof to surrender to the city collector immediately all permits or duplicates thereof, and the holder shall surrender promptly all such permits to the city collector, as requested.  Whenever the City Council suspends a cigarette permit, it shall cause the holder to be notified immediately and afford him a hearing, if desired, and if the hearing has not already been afforded.  After such hearing, the City Council shall either rescind its order of suspension, or, good cause appearing therefore, continue the suspension or revoke the permit.

 

83.110.    Records to be kept, investigation and powers of collector.  For the purpose of enabling the city clerk to properly enforce the terms of this Chapter as to such retail dealers, the following provisions are hereby enacted: At the time of delivering cigarettes to any retail dealer, each wholesale dealer in the City shall make a true duplicate invoice showing the date of delivery, the amount and value of each shipment of cigarettes delivered, and the name of the retail dealer to whom delivery is made, and shall retain the same for a period of three years, subject to the use and inspection of the city clerk.  each wholesale and retail dealer in the City shall procure and retain invoices showing the amount and value of each shipment of each shipment of cigarettes received by him, the date thereof, and the name of the shipper, and shall retain the same for a period of three years, subject to the use and inspection of the city clerk.  The city clerk, by regulation, may provide that whenever cigarettes are shipped into the City the railroad company, express company, trucking company or other public carrier transporting any shipment thereof, shall file with the city clerk a copy of the freight bill within ten days after a delivery in the City of each shipment.  All dealers within the City shall maintain and keep for a period of three years, such other records of cigarettes received, sold or delivered within the City as may be required by the city clerk.  The city clerk, or his duly authorized representatives, are hereby authorized to examine the books, papers, invoices and other records, and stock of cigarettes in and upon any premises where the same are placed, stored and sold, and shipment of any such wholesale or retail dealer pertaining to the sale and delivery of cigarettes taxable under this Chapter.  To verify the accuracy of the occupation tax imposed and assessed by this Chapter, each such person is hereby directed and required to give to the city clerk, or his duly authorized representatives, the means, facilities and opportunity for such examination as are herein provided for and required.  In addition to the powers herein granted to the city clerk, he is hereby authorized and empowered to prescribe, adopt, promulgate and enforce rules and regulations relating to:

 

  1. The method and means to be used in cancellation of stamps, if any;

 

  1. The denomination and sale of stamps; and

 

  1. The delegation of his powers to a deputy or other employees of his office or with the consent of the City Council to delegate his powers to the police chief.

 

83.120.    Refunds for stamps purchased, when made. Whenever any cigarettes upon which stamps have been placed by a retail dealer have been sold and shipped by him into another city or state for sale or use there, or have become unfit for use and consumption or unsalable, or have been destroyed, the retail dealer shall be entitled to a refund of the actual amount of tax paid by him with respect to such cigarettes.  If the city collector is satisfied that any retail dealer is entitled to a refund, he shall issue to such retail dealer, stamps of sufficient value to cover the refund.  The city collector is hereby authorized to adopt, prescribe and promulgate such rules and regulations with regard to the presentation and proof of claim for refunds as he may deem advisable.

 

83.130.    Seizure and sale of unstamped cigarettes. Whenever the city collector or any of his duly authorized representatives shall discover any cigarettes subject to tax provided by this Chapter, and upon which said occupation tax has not been paid or the stamps affixed as herein required, the city collector, or such representatives, are hereby authorized and empowered forthwith to seize and take possession of such cigarettes, together with any vending machine or receptacle in which they are held for sale, and the same shall thereupon be deemed to be forfeited to the City.  The city collector may, within a reasonable time thereafter, by a public notice at least five days before the day of sale, sell such forfeited cigarettes at a place designated by him, and from the proceeds of such sale shall collect the tax due thereon, together with a penalty of fifty percent thereof and the costs incurred in such  proceedings.  The city collector shall pay the balance, if any, to the person in whose possession such forfeited cigarettes were found; provided, however, that such seizure and sale shall not be deemed to relieve any person from fine or imprisonment provided herein for violation of any provision of this Chapter.

 

83.140.    Oaths and affidavits administered by clerk.

The city clerk or his employees or agents, duly designated and authorized by him shall have power to administer oaths and take affidavits in relation to any matter or proceedings in the exercise of their powers and duties under this Chapter.

83.150.    Penalties.  The following penalties are hereby fixed and imposed for violation of the provisions of this Chapter:

 

  1. Any person violating any of the provisions of Sections 83.020, 83.030, 83.050, 83.080, 83.090, 83.100 or 83.110, in addition to any other penalty provided for in this Chapter, shall upon conviction thereof be fined in the sum of not less than Ten Dollars ($10.00) nor more than Three Hundred Dollars ($300.00) and each day’s violation thereof shall be deemed a separate offense.

 

  1. Any person violating any of the provisions of Section 83.060, and any person who uses more than once any stamp provided for and required hereby, for the purpose of evading the occupation tax herein provided for, shall be fined in the sum of not less than Ten Dollars ($10.00) nor more than Three Hundred Dollars ($300.00), or punished by imprisonment not to exceed three (3) months, or by both such fine and imprisonment, and each day’s violation hereof shall be deemed a separate offense.

Chapter 85 – Natural Gas Franchise

Chapter 85–Natural Gas Franchise

 

(ORD. # 19-08)

 

Section 1. That there is hereby granted to Missouri Gas Energy, a division of Southern Union Company, a Delaware Corporation operating a gas distribution system, herein called the Company, its successors and assigns, the rights privileges and franchise for a period of twenty (20)years from August 7, 2008, to construct, maintain and operate in the present and future streets, alleys, bridges and public places in the City of Holden, Missouri, herein called City, its gas distribution system as now located, together with the right, privilege and franchise to acquire construct, maintain and operate therein and thereon such additions and extensions thereto as may be necessary or desirable all for the purpose of supplying natural gas for all purposes to the inhabitants of said City and consumers in the vicinity thereof, which grant shall be subject to all lawful ordinances of the City of Holden now in existence or hereafter enacted which are not inconsistent herewith.

 

Section 2.  Whenever because of public necessity or welfare the City engages in any public improvement construction project on any property owned by the city or dedicated wholly for public use and a portion of Company’s plant system interferes with or obstructs such public improvement project Company shall, as soon as reasonably possible after written request from the

City, alter reset or relocate at its own expense such portions of Company’s plant system located on such property for which the sold legal basis for occupancy is this franchise ordinance; provided, however, that where the City acquires additional property or right of way over Company’s existing plant system, and thereafter requires Company to alter, reset or relocate its system, such alteration, resetting or relocation shall be at the expense of the City.

Section 3.  All rates established and charges made by Company for gas transported, distributed and sold hereunder shall be subject to valid and lawful orders of the Public Service Commission of the State of Missouri, and other competent authority having jurisdiction in the premises, and the transportation, distribution and sale of gas to consumers shall be governed by the present operating rules, regulations and customs of Company and such rules and regulations as may hereafter be prescribed or approved.

 

Section 4. That in consideration of and as compensation for the right, privilege and franchise hereby granted, the Company, its successors and assigns, shall furnish gas at such pressure and of such quality as shall be designated by lawful orders of the Public Service Commission of said State, if such gas is reasonably procurable; shall furnish to each consumer a recognized standard meter or other instrument for measurement of gas sold or computation of consumer’s bills and keep same in repair at its cost, which meter shall at all times be subject to inspection by said City; shall at all times save the City harmless from any and all damages which said City may be liable to pay that may arise from the construction, maintenance and operation by the Company of its plant system or any part hereof; shall limit all excavations of street, alleys

or public places to the necessity of  efficient operation and shall not an any one time open or encumber more of any highway or public place than shall be reasonably necessary to enable Company to proceed with advantage in laying or repairing mains or pipes and shall not permit such highway or public place to remain open longer than necessary for the purpose for which it was opened; shall refill all excavations and replace all pavements with like material and leave same as good condition as when altered or removed; shall perform all work on streets, alleys, and public places, under supervision of a representative of said City if so desired; and shall repay said City all expense to which it has been put in the repair or replacement of streets, highways or pavements in the event such work is done by said City after the neglect or refusal of Company to perform same in a reasonable time.

 

Section 5. Company shall not later than the first day of

each calendar month in each year, make a report to the governing board of the

City of its gross receipts from the sale of natural gas for domestic and commercial purposes within the corporate limits of said City for the one(1)month period ending on the first day of the month next preceding that on which the report is due; and at the time of making such reports, pay into the City treasury a sum equal to five (5%) percent of said gross receipts subsequent to the effective date of this franchise. So long as Company shall be required, by any regulatory authority having jurisdiction to separately state the franchise tax increment of its charges for natural gas service rendered under the franchise herby granted, the term “gross receipts” as used herein shall not include the separately stated tax increment. Said percentage of Company’s gross receipts is hereby levied and assessed as an occupation and license tax (in lieu of all other occupation, license or other revenue taxes or fees) for the privilege of engaging in the business herein recited during the term hereof and as a further consideration for this franchise, Company agrees to recognize the same as a valid tax and make said payment during such periods.

 

Section 6. If a majority of the Council express their assent to the granting of said franchise, said franchise shall become effective immediately, provided that the Company shall file its written acceptance of said franchise within thirty (30) days from the date said governing body shall have declared the results of said vote.

Chapter 86 – Cable Television Franchise Agreement

(ORD # 07-09)

 

Chapter 86–Cable Television Franchise Agreement

 

 

86.010.    Definitions.  The following terms, phrases and words and their derivatives, as used in this Franchise Agreement, shall have the meaning specified in this section.

 

  1. “Cable Service” means (1) the one-way transmission to subscribers of video programming or other programming service; (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

 

  1. “Cable Service Territory” shall mean the area to be served by Rapid Communications, LLC, which includes the City of Holden, Missouri.

 

  1. “Council” means City Council of Holden, Missouri.

 

  1. “City” shall mean the City of Holden, Missouri.

 

  1. “FCC” shall mean the Federal Communications Commission.

 

  1. “Grantee” shall mean Rapid Communications, LLC, and its successors, transferees, or assigns.

 

  1. “Gross Revenues” means all Subscriber revenues derived from the provisions of Cable Service, including monthly fees charged to subscribers for Basic Service; monthly fee charged to subscribers for any optional service; pay television fees; pay-per-view fees; FM service fees; commercial service fees; premium service fees; monthly fees charged to subscribers for any tier of service other than Basic Service; installation, disconnection, and reconnection fees; and converter rentals or sales. This sum shall the basis for computing the fee imposed pursuant to Section 86.100 hereof.  Items to be deducted in computing Gross Revenues include premium service programming fees; and any taxes furnished by the Grantee, which are imposed upon the Grantee or upon any subscriber or user by the state, county, City or other governmental unit.

 

  1. “Owner” shall mean a person with a legal or equitable interest in ownership of real property.
  2. “Person” shall mean any corporation, partnership, individual or organization, governmental organization, or any natural person.

 

 

  1. “Public Property” shall mean any real property owned by the City, other than a street.

 

  1. “Street” shall mean the surface of and the space above and below any public street, road, highway, lane, path, public way, alley court, sidewalk, boulevard, parkway, drive, or any easement or right-of-way, alley, court, sidewalk, boulevard, parkway, drive, or any easement or right-of-way now or hereafter held by the City, or dedicated to the City, or to general public use.

 

  1. “System” shall mean a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include: (1) a facility that serves only to retransmit the television signals of one or more television broadcast station; (2) a facility that serves subscribers without using any public right-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of section 621 (c)) to the extent such facility is used in the transmission of video programming directly to subscribers; or (4) any facilities of any electronic utility systems.

 

  1. “Subscriber” shall mean any person or entity who subscribes to cable television service provided by Grantee by means of the System.

 

86.020.    Grant of Authority.

 

86.020.    1.    Grant of Franchise. For the purpose of providing Cable Service and other communications and information services, Grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across, and along the Streets and Public Property such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appropriate to cable and information services.  Grantee is also authorized to utilize public rights of way and to utilize easements within the City that have been dedicated for compatible uses, as provided for in Section 621 (a) (2) of the Cable Communications Policy Act of 1984, as amended.

 

  1. Franchise Term.  The initial term of this Franchise shall commence on August 12, 2008, and shall expire fifteen (15) years from said date, unless renewed as herein provided.

 

86.030.    Design and Services Provisions.

 

  1. Technical Requirements. Grantee shall construct and maintain a System that meets at least the technical standards applied by the FCC.  Procedures for testing technical capacity of the System shall conform with the technical and testing standards applied to cable systems by the FCC.

 

  1. Interference with Reception Outside Cable System. Grantee’s installation shall be installed, maintained and operated in a manner that shall not interfere with television or radio reception by means other than by the cable-type systems.

 

86.040.    Construction Provisions.

 

  1. Construction Requirements. Grantee shall make use of existing poles and other facilities available to Grantee.  Grantee may also erect its own poles and install its own conduit.  All poles and conduit installed within the City shall be made available for attachment of use by Grantee, at just and reasonable rates applied to public utilities under the formula presently established in 47 U.S.C. 224.

 

 

 

  1. Construction Codes and Permits. Grantee shall obtain any required permits from the City before commencing construction involving the opening or disturbance of any street or public property.  Grantee shall comply with all applicable building and zoning codes.  Grantee shall arrange its lines, cables, and other appurtenances, on any street or public property, in such a manner as to cause no unreasonable interference with the usual and customary use of said street or public property by a person.

 

  1. Repair of Streets and Public Property. Any and all streets or public property that are disturbed or damaged during construction, operation, or maintenance of the System shall be promptly repaired by Grantee, at its expense and to the condition prior to the disturbance or damage.

 

  1. Movement of Facilities. In the event it is necessary temporarily to move or remove any of Grantee’s wires, cable, poles, or other facilities placed pursuant to this Franchise, in order lawfully to move a large object, vehicle, building, or other structure over the streets of the City, upon two (2) weeks notice by the City to Grantee, Grantee shall move, at the expense of the person requesting the temporary removal, such of this franchise as may be required to facilitate such movements.

 

  1. Prudent Installation and Operation. Grantee agrees that its installation and operation shall be installed, located, and maintained so as not to endanger or interfere with the life and property of any person or thing; not interfere with improvements which the City may deem proper; nor hinder or obstruct the free use of streets, alleys, bridges, or other public or private property.  In the event the City relocates a street or makes any other change requiring the removal of utility installations, or in the event Grantee does interfere with the public or private property of others, Grantee, at its sole expense, will remove its installation at this location.  In the event that a utility is reimbursed by the City for the placement of cable underground or the movement of cable, Grantee shall be reimbursed on the same terms and conditions.

 

86.050.    Operation and Maintenance.

 

  1. Maintenance and Complaints.

 

  1. Grantee shall maintain a local or toll-free telephone number available to accept service calls and complaints from subscribers.

 

  1. Grantee shall render efficient service, make repairs, promptly, and interrupt service only for good cause.

 

  1. Any complaints from Subscribers shall be investigated and acted upon as soon as possible.

 

 

  1. Grantee shall at all times take reasonable precautions for preventing failures and accidents which are likely to cause damage or injury to the public, to employees of Grantee, and to public or private property.
  2. All lines, equipment, and facilities within the City shall at all times be kept and maintained in a safe and suitable condition, and in good order and repair.

 

 

  1. Subscriber Practices.

 

  1. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers on the basis of race, color, religion, natural origin, sex, or age. Grantee shall adhere to the equal employment opportunity requirements of the FCC.

 

  1. Grantee may conduct promotional campaigns in which standard rates are uniformly discounted or waived.

 

  1. Grantee may make special contracts for non-profit, charitable, educational, governmental, and religious organizations.

 

  1. Grantee may offer bulk rate discounts for multiple dwellings, hotels, motels, and similar institutions.

 

86.080.    Franchise Fee.

 

  1. Grantee shall annually pay to the City three percent (3%) of Gross Revenues, as a franchise fee.  The foregoing payment shall be compensation for use of streets and other public property.

 

  1. Payment Periods. Payments shall be submitted annually on or before January 31, of each year.

 

86.090.    Remedies, Defenses, Insurance.

 

  1. Laws Governing. This Franchise shall be governed by and construed in accordance with the laws of the State of Missouri, and applicable Federal law.

 

  1. Notice of Violation. The City shall provide Grantee with a detailed written notice of any Franchise violation upon which it proposes to take action, and a sixty-day (60) period within which Grantee may cure an alleged violation.  This sixty-day period shall not begin to run in the event the alleged violation is beyond the Grantee’s control or the Grantee is diligently pursuing corrective action.  Grantee may, within fifteen (15) days of receiving such notice, notify the Municipality that there is a dispute as to whether a violation has, in fact, occurred.  Such notice by Grantee to the City shall detail the matter disputed by Grantee.  The City shall hear Grantee’s dispute at the next regularly scheduled City meeting.  The City and Grantee shall bear their own cost and attorney’s fees.

 

 

  1. Grantee shall indemnify and hold harmless the City at all time during the term of this Franchise, from and against all claims, and including reasonable attorney’s fees and legal costs, for injury or damage to persons or property, both real and personal, caused by the construction, erection, operation, and maintenance of the System.

 

  1. It is expressly understood that the City has no control,

standard or regulation pertaining to the subject matter of programs distributed by Grantee.  Grantee agrees to indemnity and save harmless the City, its officers and employees from all claims, suits and actions at law or equity for libel, slander, patent or copyright infringements; that in the event the City is

  1. made a party to Defendant in any action arising out of

the subject matter of programs transmitted by Grantee.  Grantee shall at its sole cost and expense defend such action and appeals therefrom, including those involving the City.

 

  1. Liability Insurance. Throughout the term of this

Franchise, Grantee shall maintain a policy of liability insurance covering the Grantee, and naming the City as an additional insured, in the minimum amounts of:

 

  1. $1,000,000 for property damage in any one occurrence:

 

  1. $1,000,000 for bodily injury to any one person; and

 

  1. $1,000.000 for bodily injury in any one occurrence
  1. Other Remedies.

 

  1. From and after of effective date of Franchise, it shall be unlawful for any person to establish, operate, or to carry on the business of distributing to any persons in the Cable Service Territory any television signals or radio signals by means of a System unless a Franchise therefore has first been obtained pursuant to the provisions of this Ordinance, and unless such Franchise is in full force and effect.

 

  1. No person shall interrupt or receive signals from the

System unless specifically authorized to do so by Grantee.

 

  1. No person shall tamper with, remove, or injure any cable, wires, or equipment used with the System unless specifically authorized to do so by Grantee.

 

  1. No person shall intentionally deprive Grantee of a lawful charge for cable service.

 

  1. No person shall resell Grantee’s cable service without Grantee’s express, written consent.

 

  1. The City and Grantee are expressly reserved their applicable rights and remedies available in law or in equity.

 

  1. Conditions of Access. In addition to the provisions of Section 86.020, no party who owns or controls any residential multiple dwelling unit, trailer park, condominium, or apartment complex, or subdivision, shall interfere with the right of any tenant or lawful resident thereof to receive service from Grantee.

 

86.100.    Variance and Renewal

  1. Variance.  Applications for a variance to the Franchise, to accommodate a significant change in circumstances, to prevent unreasonable hardship to Grantee, or to permit technical variations that will satisfy the purpose of the Franchise, may be made by the Grantee to the City.  The City shall review the application within fourteen (14) calendar days, or the earliest meeting of the City, and shall issue a report of the findings of the City and shall act on a request within forty-five (45) days.

 

 

86.110.    Miscellaneous

 

  1. If any law, ordinance, regulation, or court decision shall render any provisions of this Franchise invalid, the remaining provisions of the Franchise shall remain in full force and effect.

 

  1. Grantee shall have the right to assign its rights and privileges hereunder; such assignment to become effective only upon the assignee’s filing with the City a written acceptance of the rights and subject to the terms and conditions herein.

 

  1. City reserves the right to adopt such additional regulations as it deems necessary in the exercise of its police power, provided that such regulation shall be reasonable and not in conflict with the rights granted by ordinance or in this contrat.

 

  1. Force Majeure. Prevention or delay of any performance under this Franchise due to circumstances beyond the control of Grantee or the City, unforeseen circumstances, or acts of God, shall not be deemed noncompliance with or a violation of this Franchise.

 

  1. More Favorable Terms. In the event that the City approves or permits a System to operate in the Cable Service Territory on terms more favorable that those contained in this Franchise; such more favorable terms shall be applicable in this Franchise.

Chapter 87 – Electricity

Chapter 87—Electricity

 

Subchapter A–Franchise

 

(ORD # 20-97)

 

Section 1.  FRANCHISE GRANTED.

 

The City of Holden, Missouri, (hereby referred to as the “GRANTEE”) renews the franchise granted by Ordinance No. 961 to Missouri Public Service, a division of UtiliCorp United, Inc., a Delaware corporation, (hereinafter called “GRANTEE”), for a period of twenty (20) years from the effective date of March 10, 1997.  The GRANTEE is hereby granted the right, permission and authority to construct, operate and maintain all facilities necessary for the production, transmission and distribution of electrical power and energy, for the purpose of carrying on a general power and light business and other operations connected therewith or incident thereto, within the corporate limits of said GRANTOR as the same now exist or may hereafter be extended, including but not limited to the construction, operation and maintenance of electrical facilities, in, along, over, across and under all streets, alleys, avenues, lanes or other public places or thoroughfares and to trim and remove trees upon and overhanging such places within such limits of the GRANTOR.  Such facilities shall include poles, transmission lines, distribution lines, anchors, guy wires, cables, conduits, street lighting poles, transformers and all other apparatus and appliances incident thereto.  Any pavements, sidewalks or curbing taken up and any and all excavations made shall be done in such a manner as to cause the least reasonable inconvenience to the inhabitants of the GRANTOR and to the general public; and repairs and replacements shall be made by and at the expense of the GRANTEE with all reasonable speed, leaving such properties in as good condition as before.

 

Section 2.  RULES AND REGULATIONS.

 

The GRANTEE shall supply electrical service within the present or future corporate limits of the GRANTOR under terms of the GRANTEE’S Rules and Regulations and rate schedules as now or hereafter files with and approved by the Public Service Commission of the State of Missouri.

 

Section 3.  HOLD HARMLESS.

 

In constructing, operating and maintaining such production, transmission and distribution facilities and related apparatus, the GRANTEE shall hold, save and keep harmless the GRANTOR from any loss, injury or damage to life or property occasioned by reason of the negligence of the GRANTEE or any of its employees.  If an event occurs for which GRANTOR claims indemnity from GRANTEE, GRANTOR shall immediately notify GRANTEE of said event.

 

Section 4.  NO EXCLUSIVE FRANCHISE.

Franchise rights and privileges granted by this ordinance shall not be construed or interpreted to be exclusive to the GRANTEE.

 

Section 5.  TRANSFER OF RIGHTS AND OBLIGATIONS.

 

All rights, privileges and authority hereby granted to the GRANTEE shall inure to the benefit of its provisions and conditions herein contained, and all obligations hereby imposed upon the GRANTEE shall be binding upon it successors and assigns in the same manner.

 

Section 6.  ACCEPTANCE.

 

No right, privilege or authority given or granted by this ordinance shall become effective until accepted by GRANTEE by written instrument executed and acknowledged by it as a deed is required to be, and tree copies of same shall be filed with GRANTOR’S clerk within sixty (60) days from the passage of this ordinance or within thirty (30) days from approval of the ordinance by the voters, whichever is the latter.  Two copies of the acceptance shall be marked so as to indicate the receipt of such acceptance, and shall be returned to the

GRANTEE by the clerk.

 

Section 7.  EFFECTIVE DATE.

 

This franchise shall be completed in the form in which it is finally passed and remain on file with the city clerk for public inspection for thirty (30) days before the final passage or adoption thereof.  This ordinance shall be effective upon its final passage and approval. If this ordinance is submitted by petition to the voters for approval or disapproval pursuant to Sec. 88.251 RSMo, it shall remain in effect until the city clerk has certified in writing that a majority of the qualified voters voting on the issue have voted against the ordinance.  If a majority of the qualified voters voting on the ordinance shall vote in favor thereof, it shall remain in full force and effect and cannot be repealed or amended.

 

 

Subchapter C–Street Light Contract

 

(ORD. # 10-07)

 

CONTRACT OF ELECTRIC SERVICE

STREET LIGHTING

This contract and agreement is made and entered into this 8th day of May,

2007, by and between Aquila, Inc., dba Aquila Networks, a Delaware Corporation, and hereinafter called “Aquila,” and the City of Holden, Missouri, a municipality, hereinafter called “Customer or “Municipality”.

 

WITNESSETH:

 

Article I

 

This contract and agreement shall in all respects be subject to the rules, regulations, terms, conditions, and orders of all governmental authorities having jurisdiction of the subject matter hereof, and also subject to the rates, rules and regulations of Aquila now or hereafter approved by the Missouri Public Service Commission (the “PCS”).

Article II

 

For a term of ten (10) years beginning at date of approval of the ordinance authorizing this contract, Aquila will furnish, erect, maintain, clean, repair and operate electric street lights in the Municipality in accordance with the street lighting rate schedule issued by the PSC attached hereto and made a part hereof, and any amendments or replacements thereof which may be issued by the PSC (the “Rate Schedule”), and Customer will receive and pay for such service at the rates stipulated in the Rate Schedule. Nothing contained herein shall be construed as in any way affecting Aquila’s right to unilaterally make application to the PSC or any other governmental regulatory agency having jurisdiction over rates or charges for service hereunder.

 

ARTICLE III

 

The Customer may, from time to time, cause to be increased the number of street lights by making written request upon Aquila at least 90 days prior to the time such additional street lights are to be required by the Customer, stating the number, capacity and desired location of the additional street lights: however, Aquila has the right to refuse requests for additional street lights made less than one (1) year before expiration of this contract.

 

ARTICLE IV

 

Aquila will exercise all reasonable diligence to furnish Customer with service as contracted for herein, but will not be liable for any interruption, interruption, deficiency or failure of service.  Aquila reserves the right to interrupt the service when such interruption is necessary for repairs to its lines or equipment.

 

ARTICLE V

 

If Customer should fail to perform any of its obligations under this contract, including prompt payment of monthly bills and other amounts due hereunder, Aquila may, by giving written notice to Customer ten (10) days in advance, suspend delivery of its service, and will not be liable loss or damage arising out of or relating to such suspension, nor will such suspension interfere with Aquila’s right to enforce any of its other legal right or remedies. No delay by Aquila in enforcing any of its rights hereunder will be deemed a waiver of such rights, nor will a waiver by Aquila of any default by Customer of its obligations hereunder be deemed a waiver of any other or subsequent default.

 

ARTICLE VI

 

In the event of a conflict or inconsistency between the terms of this contract an Aquila’s tariff or a rule or regulation promulgated by the PSC, the tariff and/or PSC rule or regulation shall control.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sheet No. 26

 

MUNICIPAL STREET LIGHTING SERVICE

 

AVAILABILITY

 

The rate schedules listed herein are available to communities and cities

(referred to herein as cities) within their corporate limits for street lighting installations where street lighting service is rendered on the Company’s standard street lighting contract and where the Company has an electrical distribution system available.  Where conditions of service are different than under said standard street lighting contract, Company may increase rates to compensate the Company for any added services or costs.

 

These schedules shall also apply to all lighting units installed, replaced, or moved on or after the effective date hereof.

 

RATE SCHEDULE

 

Annual Rate (1)

Per Unit

Incandescent:                              Overhead Wiring

 

1000 L, open fixture, wood pole               $ 56.77

2500 L, open fixture, wood pole               $ 95.38

4000 L, enclosed fixture, wood pole           $113.19

4000 L, enclosed fixture, steel pole          $135.34

6000 L, enclosed fixture, wood pole           $138.64

6000 L, enclosed fixture, steel pole          $166.36

(1) See “Adders for Additional Facilities” on Sheet NO. 29      for charges to be made for additional facilities.

 

 

 

 

 

 

 

DATE OF ISSUE-June 21, 1993

DATE EFFECTIVE-June 29, 1993

ISSUED BY-Maurice L. Arnall Manager of Rates                                         Sheet No. 27

 

MUNICIPAL STREET LIGHTING SERVICE

(CONTINUED)

 

Annual Rate (1)

Per Unit

Overhead     Underground

Mercury Vapor:                    Wiring       Wiring

 

3300 L, M.V., open glassware,  wood pole, ($5.00 less  where fixture may be in-  stalled on an existing

distribution pole)               $ 67.12        $ 99.03

7700 L, M.V., open glassware,  wood, pole, ($5.00 less  where fixture may be in-  stalled on an existing

distribution pole)               $ 89.63        $121.56

7700 L, M.V., open glassware,

steel pole                       $111.83        $143.72

7700 L, M.V., streamlined

fixture, wood pole               $102.94        $134.87

7700 L, M.V., streamlined

fixture, steel pole              $125.11        $157.02

10500 L, M.V., enclosed fixture,

wood pole                        $119.46        $151.33

10500 L, M.V., enclosed fixture,

steel pole                       $141.60        $173.53

21000 L, M.V., enclosed fixture,

wood pole                        $148.06        $179.96

21000 L, M.V., enclosed fixture,

steel pole                       $170.19        $202.11

21000 L, Fluorescent, enclosed

fixture, steel pole              $248.23        $ N/A

54000 L, M.V., enclosed fixture,

wood pole                        $280.06        $311.98

54000 L, M.V., enclosed fixture,

steel pole                       $302.21        $334.12

(1) See “Adders for Additional Facilities” on Sheet No. 29 for charges to be made for additional facilities.

 

DATE OF ISSUE-June 21, 1993 DATE EFFECTIVE-June 29, 1993 ISSUED BY-Maurice L. Arnall-Manager of Rates

 

 

 

 

 

 

 

 

 

 

Sheet No, 28

 

MUNICIPAL STREET LIGHTING SERVICE

(CONTINUED)

 

Annual Rate (1)

Per Unit

Overhead     Underground

Wiring        Wiring

 

High Pressure Sodium Vapor-Unalux

 

12000 L, 150 W, S.V., Open  glassware, wood pole ($5.00  less where fixture may be  installed on an existing

distribution pole)               $111.74        $143.65

12000 L, 150 W, S.V., open

glassware, steel pole            $133.92        $165.81

12000 L, 150 W, S.V., streamlined

fixture, wood pole               $125.04        $156.96

12000 L, 150 W, S.V., streamlined

fixture, steel pole              $147.20        $179.10

36000 L, 360 W, S.V., enclosed

fixture, wood pole               $168.73        $200.61

36000 L, 360 W, S.V., enclosed

fixture, steel pole              $190.86        $222.77

36000 L, 360 W, S.V., twin  enclosed fixtures, 65′ wood

pole (2)                         $438.66        $502.47

High Pressure Sodium Vapor-Lucalox

 

5000 L, 70 W, S.V., enclosed

fixture, wood pole               $122.59        $154.50

5000 L, 70 W, S.V., enclosed

fixture, steel pole              $144.76        $176.70

5000 L, 70 W, S.V., open fixture,

wood pole                        $109.12        $141.02

5000 L, 70 W, S.V., open fixture,

steel pole                       $131.28        $163.21

8000 L, 100 W, S.V., enclosed

fixture, wood pole               $124.72        $156.62

8000 L, 100 W, S.V., enclosed

fixture, steel pole              $146.88        $178.82

8000 L, 100 W, S.V., open

fixture, wood pole               $111.92        $143.84

8000 L, 100 W, S.V., open

fixture, steel pole              $134.10        $166.03

13500 L, 150 W, S.V., enclosed

fixture, wood pole               $129.89        $161.80

13500 L, 150 W, S.V., enclosed

fixture, steel pole              $152.06        $183.99

 

13500 L, 150 W, S.V., open

fixture, wood pole               $117.43        $149.34

13500 L, 150 W, S.W., open

fixture, steel pole              $139.58        $171.52

25500 L, 250 W, S.V., enclosed

fixture, wood pole               $147.23        $179.14

25500 L, 250 W, S.V., enclosed

fixture, steel pole              $169.41        $201.34

50000 L, 400 W, S.V., enclosed

fixture, wood pole               $174.96        $206.87

50000 L, 400 W, S.V., enclosed

fixture, steel pole              $197.04        $229.01

 

  • See “Adders for Additional Facilities” on Sheet No. 29 for charges to be made for additional facilities.
  • Available only under special contract.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE OF ISSUE-June 21, 1993

DATE EFFECTIVE-June 29, 1993

ISSUED BY-Maurice L. Arnall-Manager of Rates

 

 

Sheet No. 29

 

MUNICIPAL STREET LIGHTING SERVICE

(CONTINUED)

 

ADDERS FOR ADDITIONAL FACILITIES

 

Overheard    Underground

Wiring         Wiring

 

  1. Wood pole and one span of wire in addition to the pole     supporting the fixture, per

unit per year.                  $14.78         N/A

  1. Steel pole and one span of overhead wire in addition to     the pole supporting the fixture,     per unit per year.              $42.51         N/A
  2. Break away bases for steel

poles-each.                     $23.40       $23.40 d.  Rock removal per foot per year.   N/A          1.67     This charge shall not apply if     customer supplies the ditch and     backfills or furnishes conduit     inplace to Company specifica-     tions.  Rock removal referred     to in this adder shall be for     removal of rock that cannot be     dug with conventional chain     ditch-digging equipment.

 

Wood Pole    Steel Pole

(Per Year)   (Per Year)

 

  1. Special mounting heights: 30 feet (requiring 35 ft.

wood pole or 30 feet steel)    $14.38       $ 48.80

35 feet (requiring 40 ft.

wood pole or 35 feet steel)    $38.96       $ 71.32

40 feet (requiring 45 ft.

wood pole or 40 feet steel)    $43.10       $111.51

50 feet (requiring 55 ft.

wood pole or 50 feet steel)    $77.95       $248.59

TERMS OF PAYMENT

 

Customers’ monthly bills will be computed at the net rates and will be based on one-twelfth (1/12th) the annual charge.  Monthly bills will be computed to the nearest one cent.

 

 

 

 

 

 

 

 

CONTINUED

 

RULES AND REGULATIONS.

 

Service will be furnished under Missouri Public Service Rules and Regulations and the special Rules and Regulations on Sheet No. 33.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DATE OF ISSUE-June 21, 1993

DATE EFFECTIVE-June 29, 1993

ISSUED BY-Maurice L. Arnall-Manager of Rates                                             Sheet No. 33

 

MUNICIPAL STREET LIGHTING AND PRIVATE

AREA LIGHTING SERVICE (CONTINUED)

 

SPECIAL RULES AND REGULATIONS.

 

Municipal Street Lighting and Private Area Lighting

 

Service will be furnished under Missouri Public Service

Rules and Regulations and the following additional rules and regulations.    All poles, wires, fixtures, and other facilities for supplying this lighting service shall be installed and owned by Missouri Public Service.

Missouri Public Service shall select style and make of lighting facilities provided within each type system for which rates are listed.  Lighting will not be installed on poles or structures not owned or leased by Missouri Public

Service.

Missouri Public Service will replace burned-out lamps and will maintain all poles, wires, fixtures, etc., with no additional charge to the customer.  The glassware is to be cleaned when the lamp is replaced.    The lights will burn every night from dusk until daylight.

The lanmp lumen ratings stated in these rate schedules are nominal ratings and may change from time to time depending on the lamp availability from lamp suppliers.

These rates anticipate lighting facilities remaining in service on the average, the full depreciation period of the facilities, and with only minor normal repair.

These rates are for either series or multiple units and for overhead wiring unless otherwise specified herein.  It will be at the Missouri Public Service’s option whether power is supplied to the lighting units with multiple or with series circuits.

These rates contemplate Missouri Public Service having the option of type and frequency of patrol as well as lamp replacement or repair, except that the lamps may not be permitted to be left off for unreasonable periods when Missouri Public Service is aware such lights are not burning, unless the customer approves such outage.  No refunds shall be made when lights have been out reasonable periods because reasonable lengths or outages are anticipated from tine to time in the schedule.

These rates do not include any franchise or occupational tax.  The “Tax and License Rider” is applicable to all charges under these schedules.

MUNICIPAL STREET LIGHTING ONLY

 

Replacement, with different size or type, of lighting units installed after the effective date hereof shall be limited to no such replacements the first three years and to ten percent (10%) of any one size or type of existing units in any one year thereafter for each city or community unless approved by

Missouri Public Service.

The charges to cities for street lighting with underground wiring anticipate average length of underground wiring per street lighting unit of not more that 250 feet and individual installations of not more than 400 feet.  Installations requiring greater than 250 feet per unit average and individual installations greater than 400 feet will be served under special contract.

Standard street lighting rates without adders for additional mounting heights anticipate maximum mounting heights of 31 feet.

 

 

AVAILABILITY

 

This schedule is available to all customers, otherwise qualified to receive service under the Municipal Street Lighting Service Schedule (Schedule MSL) or the Private Area Lighting Service Schedule (Schedule PAL), that desire to have non-standard lighting facilities installed and maintained by Missouri Public Service or desires to purchase, own, install and maintain non-standard lighting facilities for which Missouri Public Service provides unmetered energy service.

 

MISSOURI PUBLIC SERVICE OWNED FACILITIES

 

Missouri Public Service will purchase, install, own and maintain nonstandard, decorative or ornamental street or private area lights where customer agrees to a monthly charge (rate adder) in addition to the monthly charge for an equivalent standard light.  An equivalent standard light is a light contained on Schedule MSL or Schedule PAL that is the same size (in lumens and watts) and same type (high pressure sodium vapor, metal halide, etc.) as the non-standard light.  The rate adder shall be calculated as 1.5 percent of the difference between the installed cost of the non-standard light and the installed cost of the equivalent standard light.  The monthly charge shall be the sum of the rate adder and the monthly charge for the equivalent standard light.

 

CUSTOMER OWNED FACILITIES

 

Where the customer agrees to purchase, install, own and maintain street or area lights, Missouri Public Service will provide unmetered energy only service to those lights. The rate for unmetered energy only service shall be $0.0403 per Kwh per month.  The energy consumption in Kwh for billing purposes shall be assumed to be the same as the energy consumption of an equivalent standard light as defined above.

Chapter 88 – Telephone Franchise

(ORD # 08-07)

 

Chapter 88–Telephone Franchise

 

88.010.    Franchise granted. That the EMBARQ Missouri Inc. (Grantee) a corporation organized under the laws of the State of Missouri and authorized to do business in the State of Missouri, its successors and assigns is hereby granted the right, in operating a telephone system, to construct and maintain all the necessary poles, wires, cables, pole and wire fixtures, communications plant, and maintain such poles and string the same with wire and cable along the streets, avenues, boulevards alleys and other public places of the City of Holden(City), and to construct or lay an maintain such conduits as Guarantee, its successors and assigns, may require, under the streets, avenues, boulevards, alleys and other public places of the City, all for the purpose of furnishing communications services, both audible and visual , to the public by telephone or other electrical or electromagnetic means, under the following terms and conditions:

 

  • The term of this grant shall be for ten (10) years from this date, subject to all ordinances regulating and controlling communications lines or systems in the City.

 

  • All poles and overhead wires or cables erected under this ordinance shall be placed, whether on the City’s streets, avenues, boulevards, alleys or other public places as not to interfere unnecessarily with the ordinary travel on the streets, avenues, boulevards, alleys or other public places. All poles erected under this ordinance shall be located as not to injure unnecessarily any drains, sewers, catch basins, or other like public improvements, and the Grantee shall immediately repair any damages so caused to the satisfaction of the Mayor, or some other authorized City official of the City, and if the Grantee defaults in its obligations to make these repairs, the City may repair the damage and charge actual costs to, and collect the same from, the Grantee, consistent with Section 67.1834 RSMo.

 

3)The poles of the Grantee, its successors and assigns, shall be placed and erected in such a manner as not unreasonably to interfere with the orderly conduct of the business and the rights of any public service corporation having a right to operate its business in the City.

  • All work of location and erecting poles or placing underground conduit under and by virtue of this ordinance shall be done in cooperation with the Mayor, or some other authorized City official.
  • The Grantee shall hold the City free and harmless from all damages arising by reason of any abuse or negligence caused by Grantee in this occupancy, for the payment of which the City may have become liable to any person, persons ot corporations, by reason of the granting of this ordinance or by reason of the construction or operation of Grantee’s communications system, or by reason of the Grantee failing to conform or comply with any of the provisions or requirements of this ordinance.

 

  • The Grantee shall remove, raise or adjust its aerial plant after fortyeight (48) hours notice by the Mayor of the City, or another properly authorized City official, for the purpose of permitting the moving of horses, or other structures, along the streets of said City; however, the person or persons for whose benefit such communications plant is removes, raised or adjusted, shall first secure proper permission from said City for the moving and agree to pay the Grantee for its related costs and damages. If desired, and advance deposit by the mover may be required by the Grantee.

 

  • Permission is hereby granted to the Grantee to trim trees upon and overhanging streets, alleys, sidewalks, and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Grantee, all such trimming to be done with the approval of any city official to whom said duties have been or may be delegated.

 

  • Consistent with Section 67.1840 RSMo., Grantee will pay any right-ofway permit fee assessed by the City that are based on actual, substantiated costs reasonably incurred by the City.

 

  • Grantee shall file its acceptance of this ordinance with the City of the City within thirty (30) days after its passage and approval.

 

  • Grantee’s proven failure to comply with the terms and conditions of this ordinance shall work as a forfeiture of the city’s consent for Grantee to occupy the right-of-way.

 

  • The rights hereunder, may be assisted by the Grantee as well as all succeeding grantees, at their option, and the assigns shall succeed to all the rights, duties and liabilities of the Grantee hereunder.

 

  • All ordinances or parts of all ordinances in conflict herewith are hereby repealed.

 

(Ordinance # 09-07)

Consistent with Section 67.1846 RSMo the City hereby establishes a business license fee of 5 percent of the local service revenues to the City, effective March 13, 2007 to be paid semiannually,inarrears and such payments shall be made by the 1st day of January/July each year of the period covered during the term of this ordinance. This payment shall be in lieu of any general or special license tax, occupation tax, or any other such tax for the period covered during the term of this ordinance. FOR PURPOSES OF THIS ordinance, local service revenue” shall include all revenues received by Grantee for the provision of basic local exchange telecommunications service, including those mandatory services which expand the basic local calling scope of the customer or subscriber, but shall not include charges for special services, long distance calls, access charges or services considered basic local exchange telecommunications service. The City further agrees that to the extent allowed by Missouri law, the Grantee, may pass through and collect this payment amount from its customers.

Chapter 89 – Sales Tax

Chapter 89–Sales Tax

 

89.010.    Imposition of city sales tax.  Pursuant to the authority granted by and subject to the provisions of Section 94.500 to 94.570, RSMo, a tax for general revenue purpose is hereby imposed upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in Section

144.010 to 144.510 RSMo, and the rules and regulations of the Director of Revenue issued pursuant thereto.  The rate of the tax shall be one percent (1%) on the receipts from the sale at retail of all tangible personal property or taxable services at retail within Holden, Missouri, if such property and taxable services are subject to taxation by the State of Missouri under the provisions of Sections 144.010 to 144.510 RSMo.  The tax shall become effective as provided in Subsection 4 of Section 94.510 RSMo, and shall be collected pursuant to the provisions of Sections 94.500 to 94.570 RSMo.

 

89.020.    Tax on utilities.  The municipal sales tax on all sales of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil used for nonbusiness, noncommercial or nonindustrial purposes heretofore imposed within the corporate limits of this municipality is hereby reimposed.  The rate of taxation shall be, as heretofore, one percent (1%).

 

89.030.    (ORD. # 4-87)  1/2 cent transportation tax.

The City hereby imposes a one-half cent transportation tax to be levied upon each dollar value of retail merchandise possessed by any person or corporation within the city limits of Holden, Missouri.