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Chapter 300 – Electric Company Service Agreements & Franchises Section 300.100: License & Occupation Tax - Light and Power Companies (Ordinance 48, 04/08/1985)
Sub Section A. Generally
An Ordinance establishing a license and occupation tax on light and power companies operating in the City of Pleasant Hope, Missouri; and providing for the levying and collection of said license and occupation tax commonly known as a Franchise Tax.
Sub Section B. Every Light and Power Company
Every light and power company their successors and assigns, generating, manufacturing, selling, distributing, transmitting, supplying and furnishing electricity, electric power, electric energy, and electric service in the City of Pleasant Hope, shall, for the privilege of doing business and engaging in said occupation therein, pay to the City of Pleasant Hope a license and occupation tax.
Sub Section C. Rates
The license and occupation tax herein provided shall be a sum equal to 2.913 percent of the gross receipts derived from the transaction of the Licensee’s business within the City of Pleasant Hope.
Sub Section D. Definitions:
The term “gross receipts” when used in this ordinance shall mean:
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Except as otherwise provided herein, all monies collected and received by the Licensee from the manufacture, distribution and sale of electric power and energy to all the licensee’s customers with the present and future boundaries of the City of Pleasant Hope served under rate schedules as now or hereafter approved by the Missouri Public Service Commission for residential, commercial and industrial service having a reserve capacity of 40 kilowatts of less, before any deductions are made by the licensee for any expenses, costs or charges of any kind.
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“Gross Receipts” shall not include:
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Late charges and interest collected and received by Licensee.
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All monies collected and received by Licensee from churches, schools and church schools.
The term “light and power company” when used in this ordinance shall include every corporation, company, association, firm and individual which is an “electrical corporation” owning and operating an “electric plant” as a “public utility” as defined in the Missouri Public Service Commission Law (Chapters 386 and 393 RSMo).
Sub Section E. calculating and due date for payment
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The said tax shall be computed on the gross receipts collected and received by the Licenses from the first day through the last day of each month during which the Licensee is doing business and engaged in said occupation beginning on April 8, 1985.
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After the end of each month on which the Licensee shall pay the tax shall be in the a form that reports the gross receipts which are subject to said tax.
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The due date for payment shall be a mutually agreed date between the City of Pleasant Hope and the Licensee.
Section 300.200: Empire District Electric Street Lights Service Agreement (Ordinance 194, 11/15/2002)
Sub Section A. Generally
An ordinance authorizing and providing a contract between the City of Pleasant Hope, Missouri (hereinafter sometimes called the City) and The Empire District Electric Company (hereinafter sometimes called the Company), its successors or assigns, for electric service and equipment to light the City's streets, alleys, and public ways, electric service for light and power for the City's parks, other properties and public places, for a term of years, and specifying the prices to be paid for such lighting and power service, and the terms and conditions of such contract; and in consideration of Company's covenants and obligations contained herein and Company's acceptance of the terms and conditions contained herein including but not limited Company's agreement to payment by the Company of the License and Occupation Tax imposed upon Company by Ordinance No. 46-B of the City as full payment by the Company of any Occupation Tax, Franchise Tax, License Tax, or any similar tax or charge imposed upon the Company by the City (other than the License and Occupation Tax imposed upon the Company by Ordinance No. 46-B of the City, or any amendment thereof) for the establishment, operation and maintenance of the Company's facilities within the City; except providing further that nothing herein shall prohibit the City from lawfully collecting motor vehicle license fees and any ad valorem tax on the Company's real estate and personal property."
Sub Section B. Be it ordained by the Board of Aldermen as follows:
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That said City of Pleasant Hope, Missouri is hereby authorized and does contract with The Empire District Electric Company, a corporation, its successors or assigns for electric service and equipment to light the City's streets, alleys and public ways; and electric service for light and power for the City's parks, other properties and public places.
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The City and the Company mutually agree that this ordinance will constitute a contract and that all of its terms, conditions and provisions for payment shall be in effect for a period of two (2) years from the date of execution; and shall be automatically extended for a further period of two (2) years from each successive expiration date unless one party shall notify the other in writing not less than sixty (60) days prior to any such expiration date of its desire to terminate this agreement; and further providing that this contract shall not be effective for a total period exceeding ten (10) years.
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The Company agrees to furnish and the City agrees to use and pay for the street lighting service described in SPL Street Lighting data sheet, designated Exhibit A, attached hereto and made a part hereof, and for any and all additional street lighting service subsequently agreed upon under the terms of this contract or any amendment hereto, according to the rates and Conditions set out in the Municipal Street Lighting Service Schedule SPL, attached hereto and made a part hereof.
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When, by agreement with the City, the Company shall install, own, operate and maintain street lights charged under Schedule SPL, or is required to provide special or excessive electric facilities to serve City owned street lighting systems served under Schedule SPL, there shall be charged, in addition to the rates hereinbefore set out, a Facilities Usage Charge, payable as herein provided, as mutually agreed upon by the parties.
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It is agreed that the Facilities Usage Charge shall be computed at the rate set forth in Municipal Street Lighting Service Schedule SPL as now or in the future approved by competent authority having jurisdiction. Said rate shall be applied to the investment in Company owned street lights and special or excessive electric facilities to serve City owned street lights utilized by the City under Schedule SPL. The total of such investment by the Company is $17,095.00 and the total of the Facilities Usage Charge shall be $1,538.55 until additional street lights are requested by the City and installed by the Company and this contract amended by written agreement. Such Facilities Usage Charge shall be due and payable by the City of Pleasant Hope, Missouri, to the Company so long as the street lights and/or special electric facilities herein shall be utilized by said City, but for a term of not less than ten (10) years from date hereof, and shall be payable as provided in said Schedule SPL.
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The Company agrees to change the location of any street lamp in use upon the written request of the City, provided the City shall pay the Company the actual cost thereof.
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The Company shall furnish and the City shall take and pay for all electric service for municipal use, other than street lighting service, as may be required from time to time by the City in its parks, buildings, properties and public places, according to the rates and provisions of the filed standard rate schedules of the Company, and subject to the valid rates, rules and regulations of any competent regulating authority of Company.
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The rates and conditions set forth in the attached Schedule SPL, and all applicable rates, rules and regulations of the Company filed with competent authority having jurisdiction as now or hereafter promulgated, shall be allowed provided the City utilizes the Company's service for its entire requirements for electric or power service and the Company serves the City under the provisions of an electric franchise having an original term of not less than ten (10) years; and Company's agreement to pay the License and Occupation Tax imposed upon Company by Ordinance No. 46-B of the City; shall be accepted by the City as full payment of any Occupation Tax, Franchise Tax, License Tax or any similar tax or charge imposed upon the Company by the City (other than the License and Occupation Tax imposed upon the Company by Ordinance No. 46-B of the City, or any amendment thereof) for the establishment, operation and maintenance of the Company's facilities within the City; provided however, that nothing herein shall prohibit the City from lawfully collecting motor vehicle license fees or any ad valorem tax on the Company's real estate and personal property.
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The Company agrees to protect the City and save it harmless from any and all loss, damage or expense to persons or property which is caused by the negligence of the Company in its use or maintenance of any and all equipment owned by and used to supply service under this contract. The City agrees to protect the Company and save it harmless from any and all loss, damage or expense to persons or .property which may arise due to the use or maintenance of any street lighting equipment owned by the City, unless such loss, damage or expense be the sole and proximate result of the Company's negligence.
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The Company agrees to exercise reasonable care in maintaining the facilities to be maintained by it and in rendering the service to be rendered by it in the performance of this contract, so that the said service and said facilities may be furnished and maintained in a satisfactory manner.
Section 310.100: Southwest Electric Service and Franchise Agreement (Ordinance 230, 07/16/2007)
Sub Section A. Generally
Ordinance 230 is an ordinance granting a franchise for a period of twenty (20) years to Southwest Electric Cooperative, a corporation and its successors and assigns: to construct, acquire, operate and maintain electric facilities and systems in the City Of Pleasant Hope, Polk County. Missouri. And to furnish electric power and energy to the city and to the inhabitants thereof and to use streets, roads, alleys and other public places within said city.
Sub Section B. Be it ordained by the Board of Aldermen as follows:
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That the City of Pleasant Hope. Polk County, Missouri (hereinafter referred to as the (“Municipality"), does hereby grant unto Southwest Electric Cooperative, a corporation, organized under the laws of the State of Missouri, with its principal office in Bolivar, Missouri (hereinafter referred to as the "Cooperative"), its successors and assigns, the right, permission, authority, privilege and franchise to operate within the corporate limits of the Municipality (as such limits now exist or may be altered) for the purpose of:
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erecting or acquiring, installing, owning, operating, repairing, and maintaining an electric distribution system and all facilities, equipment and appurtenances thereto as may be necessary to accomplish any of the purposes set forth herein; and
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for the purpose of conducting, supplying, distributing, and selling electric energy to either the Municipality, its inhabitants, or both, for light, power, heat, and other lawful purposes, for public and private use therein; and
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for the purpose of procuring said electric energy, or any part thereof, at other points and to carry the same into said Municipality and mere make distribution and sale thereof, and the further right in said Cooperative to transmit any of said electric energy from or through said municipality for sale outside the limits thereof.
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That, for the purposes aforesaid, the Municipality hereby grants and conveys to the Cooperative, its successors and assigns the right and authority to enter upon and use such of the streets, lanes, avenues, alleys, sidewalks, bridges and public grounds of the Municipality, as its limits now exist or may be altered, and the space above and below them as may be necessary to render the electric service referred to in "Section I" above, with the poles, wires (above ground or there under) and other apparatus, equipment and necessary appliances. The Municipality further grants and conveys it the Cooperative the right to cut and trim all trees and shrubbery insofar as may be necessary to provide the electric service referred to herein. The Municipality further grants and conveys to Cooperative the right to cut and trim all trees and shrubbery insofar as may be necessary to keep them clear of Cooperative's poles, wires, and other fixtures and equipment.
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That the Cooperative shall use every reasonable precaution to avoid damage or injury to person or property, and the Cooperative agrees to indemnify and hold the Municipality free and harmless of and from any and all liability, damage, injury, suits, actions, loss or expense caused by or resulting from the negligence of the Cooperative in the erection, installation, construction, reconstruction, maintenance, repairing, operation, management or control of said electric distribution system in the Municipality. The Cooperative also agrees to repair any damages occurring in, along, under or above the public rights of way and the roads, streets, water lines, sewer lines or other public facilities located therein that is caused by the construction or maintenance of the Cooperative's electric distribution facilities.
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That, during the location, erection, installation, construction, maintenance, repairing and operation of said electric distribution system, the Cooperative shall not unnecessarily impede public travel on the streets, lanes, avenues, alleys, sidewalks, bridges and public grounds of the Municipality.
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The Cooperative agrees that it will furnish continuous and uninterrupted electric service from the beginning of such service to the end to the franchise period, except for interruptions caused by strikes, riots, Governmental interference or regulation, acts of Providence, accidents beyond the control of the Company, or necessary maintenance or replacements.
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Subject to the terms of applicable attachment agreements that may be in existence, the Cooperative agrees to provide nondiscriminatory access to any pole, duct, conduit, or right of way owned or controlled by the Cooperative to any cable television system operator or telecommunications carrier, including the Municipality operating as such. Notwithstanding this obligation, and subject to the terms of applicable attachment agreements, the Cooperative may deny such access where there is insufficient capacity or for reasons of safety, reliability and generally applicable engineering purposes. Requests for access to the Cooperative's poles, ducts, conduits, or rights of way by a cable television system operator or telecommunications carrier must be in writing. If access is not granted within ninety (90) days of the request for access, the Cooperative must confirm the denial in writing by the 90* day. The Cooperative's denial of access shall be specific, include all relevant evidence and information supporting its denial, and explain how such evidence and information relate to denial of access for reasons of lack of capacity, safety, reliability or engineering standards. In any such pole attachment agreement, the Cooperative shall provide a cable television system operator or telecommunications carrier notice prior to
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removal of facilities or termination of any service to those facilities, such removal or termination arising out of a rate, term or condition of the pole attachment agreement; or
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any increase in pole attachment rates; or
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any modification of facilities other than routine maintenance or modification in response to emergencies. So long as the provision of 47 C.F.R. Sections 1.1404 through 1.1448, inclusive, shall remain in effect and provide a procedure for resolving complaints by cable television system operators or telecommunication carriers to a decision by the Cooperative to deny access, or any other action by the Cooperative that is adverse to the cable television system operator or telecommunication carriers, the provisions of said Regulations shall govern such complaints. If, however, federal law and regulation shall, during the term of this franchise, fail to provide a procedure for resolving complaints by cable television system operators or telecommunication carriers against the Cooperative for denial of access or other adverse action, such disputes shall be resolved in the manner, if any, which is otherwise specifically mandated by federal or state law. If no such procedures are specifically mandated, any such disputes shall be resolved pursuant to the Uniform Arbitration Act of Missouri (Chapter 435 RSMo); provided, however that appointment of arbitrators shall be by each of the two parties selecting an arbitrator and the two arbitrators selecting a third, and that venue for any arbitration hearing shall be in the country where the attachments are located. Any attachment agreement presented by the Cooperative to a cable television system operator or telecommunications carrier operating with the Municipality shall not contain any provisions, which are inconsistent with the provisions of this "Section 200.100, Sub Section B (6)."
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All of the terms and provisions of this Ordinance shall be binding upon the parties hereto, and upon their respective successors and assigns.
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The franchise and all rights granted herein shall continue and remain in full force and effect for a period of twenty (20) years from and after the effective date of this Ordinance, as set forth in Section 310.100 hereof, provided written acceptance is made by the Cooperative, signed by its proper officers, and filed with the City Clerk within a period of sixty (60) days from and after said effective date.
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That in consideration of the rights and privileges granted herein the Cooperative shall pay to the Municipality in cash on or before the fifteenth (15th) day of each month during the term of this franchise a sum equal to three percent (3%) of the amount received by the Cooperative during the last preceding month for electric energy furnished to all consumers which it serves within the corporate limits of the Municipality, except for all electric energy furnished to the Municipality.
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That the payment to be made by the Cooperative shall be in lieu of all special taxes or assessments, license taxes or fees, occupation taxes, rental taxes or charges and charges for police supervision, inspection or protection, or similar charges which the Municipality otherwise might now or hereafter, during the aforesaid period, be empowered to levy upon, assess against, or collect from the Cooperative, its successors and assigns; but shall not eliminate the general property taxes.
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Severability. If any section, Sub Section, sentence, clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance.
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