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Home My WebLink AboutCommForm.914.05-14-1941 �� ;�, '. ; � "— fi_;,; - � � ^� "�. `.�`�� U .;:. .:.._ 3. _ _,. �..- a. s.„.:. .�, � �'� �� . . . . � _ _ ` . ^# , , � ,, _� ,. xr: r , q�� COMMISSION FORM ORDINANCE N0. �, � AN ORDINANC� FIXING �HE LICENSE TAX OR FEE FOR TELEPHONE COMPANIES DOING BUSINESS ',��ITHIN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND PROVIDING FOR THE EXFCU`1'ION OF A CONTRACT BETV+IEEN THE CITY OF CAF� GIRARDEAU AND TELEPHONE COl�IPANY DOIVG BUSITTESS THEft��IAT UPON THE ACCEPTANCE OF SAID TELEPHONE COMPANY OF THE TERMS OF THIS ORDINANCE BE IT ORDAINED BY 'rHE CITY COUIVCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1: That all telephone comp�.nies doing business within the City of Cape Girardeau shall pay an annual license tax or fee to �`;he City Cl�rk of said City for the privilege of doing business within said City the sum of ONE THOUSAND SEVEN HUNDRED FIFTY AND 00/100 DOLLARS (�1750.00) per year. SECTION �t That from and after the passage and a proval of this ordinance, any tele�hone company shall have fifteen (15� days to file its written acceptance thereof �rith the City Clerk, and upon the filing of such acceptance, the terms of this ordinance shall constitute a contract by and betv�een the City of Cape Girardeau and such telephone company and shall be binding upon both parties for the term specified herein. SECTION 3: That any such telephone co�pany shall pay to the City Clerk said license tax or fee as providecl for in Section 1 as of the 21st day of Vovember, 1940, and a like sum on the �lst da,y of November annually thereafter for a term of ten (10) years. SFCTIUN /�: That the pa,yment of said license tax or fee by such telephone co�pany shall be in lieu of all license taxes or fees, free telephone services, charges, fees or impositions, other than the usual general or special assessments or taxes or ad valorem taxes, provided, however, that should any work, including repairs or construction on City propert,y or upon property under the dominion and control of the City by any telephone cor�pany, be done by such telephone conpany, it shall be done at the expense of said telenhone company and shall be done in accordance with the rules, regulations and ordinances now in effect applicable to any such v�ork or construction. That is to say, the City Council by this ordinance does not undertake to assume the expense of replacing, repairing or relaying any street, sidewalk, parkF�ray, curb or guttering damaged by any such telephone company in its usual course of business or other�ise. Nor does the City Council by this ordinance intend to assume the cost of any work done by any such telephone cor�pany in its usual course of business or otnerwise on City property or prop- erty under the dominion and control of said City. SECTION 5: Any such telephone company shall have the right to � take credit on the payment to the City Clerk of the license tax or fee �., = �. ` ._ _ �„ �.: ��;: :;»; .�:..�-��.:-.�-� - � ��,�� - _ ,�� . - -��?��`_� provided for herein of any outstanding accounts which may be due to such telephone company from the City of Cape Girardeau upon the accept- ance date of this ordinance or upon the date said license tax or fee is due, provided, however, that such accounts are presented to and approved by the City Council in the usual manner. SECTION 6: Should any such telephone co�pany no� have a license to do business within the City of Cape Girardeau, �hiclz license grants to it the privilege of operating for a term the end of �hich is after the 21st day of November, 19�0, such telephone co�pany shall be given credit for the payment for such lieense fee for such term. As an example, if upon the effective date of this ordinance, any such tele- phone company has previously paid to the City Clerk the sum of Five Hundred Dollars (�500.00) for a license to do business in said City, which license grants a term extending b�yond the �lst day of Novemb�r, 1940, then such telephone conpany shall only owe upon th� acceptance of this ordinance the sum of One Thousand Two Hundred Fifty and 00/100 Dollars (�1"�50.00) , provided, however, that on the 21st day of November, 1941 the sum due and pa,yable shall be One Thousand Seven Hundred Fifty and 00/100 Dollars (�1750.00) , less any outstanding accounts as herein mentioned. 5ECTION 7: All ordinances or parts of ordinances in conflict here�ith are hereby repealed. Passed and approved this �� day of May, 1941. -f _ - ' � � ��' =� ,� Mayor Attest: C t Clerk : . . _ _ _ ._, , , _ - ;: � . �,. , , � . - � - ACCEPTANCE OF COM�JIISSION FORI� Ot�DINAIdCE N0. � �� • by the SOUTHEAST �ISSOURI TELEPHONE CO11�P�iNY Comes now the Southeast Missouri Telephone Company, a corporation, of Cape Girardeau, �issouri, on this the 16th day of B�ay, 19/�l, and f iles with William C. Kaempf er, City Clerk of the City of Cape Girardeau, this, its written acceptance of the terms of Commission Form Ordinance No. �`� enaeted by the City of Cape Girardeau, r�issouri, on the ll�t:n day of May, 1941, and duly signed, approved and filed; and does agree that the terms of said Ordinane� shall, with this written acceptance, constitute a contra.ct by and between the City of Cape Girardeau and the Southeast Missouri Tele- phone Company upon the terms, conditions and for tne time therein specii ied. . SOUTHE�ST MI OURI TELEPHONE CO�IP.ANY _ BY - —- _ -- __.._ - President - ATT�'ST: . Secretary STATE OF MISSOURI ) ( SS: COUIdTY OF CAPE GIRI�.RDEAU ) On tl�is lbth day of Bda.y, 1941, before me appeared C.ti�1� . Boutin, to me personally known, vuho, being by me duly sworn did say that he is the President of the Southeast Missouri Telephone Company, a corporation of the State of �issouri, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said G. 1�. Boutin acxnowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and aff ixed my official seal at my office in Cape Girardeau, Missouri, the day and year first above written. 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