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<br /> <br /> <br /> <br /> <br /> <br /> SECTION 12 - COMPENSATION TO THE CITY <br /> <br /> (a) As compensation for the use, occupancy, oversight, supervision and regulation of the <br /> <br /> CITY'S RIGHTS-OF-WAY and for any other consideration provided by the CITY <br /> <br /> under this agreement, and in lieu of and in full compensation for any lawful tax or <br /> <br /> license or charge or RIGHT-OF-WAY permit fee or inspection fee, whether charged <br /> <br /> to the TELEPHONE COMPANY ar its contractor(s), or any RIGHT-OF-WAY <br /> <br /> easement or street or alley rental or franchise tax or other character of charge for use <br /> <br /> and occupancy of the RIGHTS-OF-WAY within the CITY, except the usual general ad <br /> <br /> valorem taxes, special assessments in accordance with State law or sales taxes now or <br /> <br /> hereafter levied by the CITY in accordaiice with State law, the CITY hereby imposes <br /> <br /> a Charge upon the Gross Receipts (as hereinafter defined) of the TELEPHONE <br /> <br /> COMPANY. The amount of the Charge for the first year this Ordinance is in effect <br /> <br /> sha11 be $165,000.00. For the second and subsequent years, while this Ordinance <br /> <br /> remains in effect, the above charge is subject to adjustment by application of the <br /> <br /> Growth Factor set out in Paragraph 12(c). In no event shall such charge be less than <br /> <br /> the above amount for each year this Ordinance is in effect, except as provided in the <br /> <br /> case of disannexation as set forth in Paragraph 12(e), or as provided in Section 16 <br /> <br /> herein. <br /> <br /> The TELEPHONE COMPANY will, according to tariff, bill such Charge to <br /> <br /> the customers billed the customer service charges included within the term "Gross <br /> <br /> Receipts," as defined herein. Gross Receipts, for purposes of this Charge, sha11 include <br /> <br /> only customer service charges which meet al] four of the following conditions: (1) such <br /> <br /> charges are for TELEPHONE COMPANY services provided within the CITY; (2) <br /> <br /> such charges are billed through the TELEPHONE COMPANY'S Customer Records <br /> <br /> Information System ("CRIS"); (3) such charges are the recurring charges for the local <br /> <br /> exchange access rate element specified in the TELEPHONE COMPANY'S tariffs filed <br /> <br /> with the PUC; and (4) such charges are subject to an interstate end user common line <br /> <br /> ('BUCL") charge as imposed by the Federal Communications Commission ("FCC"). <br /> <br /> For the second and subsequent years while this Ordinance remains in effect, the <br /> <br /> above Charge is subject to adjustment by application of the Growth Factor set out in <br /> <br /> SOL17'[;WFS7'ERN gELL SETTLEMENT ORDINANCE - Page 7 <br />