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March 31, 1984, and shall equal in amount to four percent (4%) of the
gross receipts derived from exchange access rates from the date of passage
of this Ordinance to December 31, 1983; and thereafter payment shall be made
annually on March 31, as herein provided. The Telephone Company shall
certify to the City each March 31st the gross receipts derived from
exchange access rates for the period covered by the payments called for
herein on such date, and the City shall have the right to designate
representatives to confirm the amount of such receipts by reviewing the
records of the Telephone Company.
SECTION 7. PAYMENT OF CASH CONSIDERATION TO BE IN LIEU OF ANY OTHER
W PAYMENTS EXCEPT USUAL GENERAL OR SPECIAL AD VALOREM TAXES
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d- That the City agrees that the consideration set forth in the preceding
section herof shall be paid and received in lieu of any tax, license, charge,
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Q fee, street or alley rental or any other character of charge for use and
occupancy of the streets, alleys, and public places of the City, in lieu
of any pole tax or inspection fee tax; in lieu of any easement or franchise
tax, whether levied as an ad valorem, special or other character of tax; and
in lieu of any imposition other than the usual general or special ad valorem
taxes now or hereafter levied. Should the City not have the legal power to
agree that the payment of the foregoing cash consideration shall be in lieu
of the taxes, licenses, charges, fees, rentals, and easement or franchise
taxes aforesaid, then the City agrees that it will apply so much of said
payment as may be necessary to the satisfaction of the Telephone Company's
obligations, if any, to pay any such taxes, licenses, charges, fees, rentals,
and easement or franchise taxes.
SECTION 8. NO EXCLUSIVE PRIVILEGES CONFERRED BY THIS ORDINNACE
That nothing herein contained shall be construed as giving to the
Telephone any exclusive privileges.
SECTION 9. SUCCESSORS AND ASSIGNS
That the rights, powers, limitations, duties and restrictions herein
provided for shall inure to and be binding upon the parties hereto and upon
their respective successors and assigns.
SECTION 10. PERIOD OF FRANCHISE
That this agreement shall be in full force and effect for the period
beginning with the effective date hereof and ending Twenty (20) years after
such date.
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