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<br /> Section 8. COMPANY shall furnish reasonably adequate
<br /> service to the public at reasonable rates and charges
<br /> therefor; and COMPANY shall maintain its property, equipment
<br /> and appliances in good order and condition.
<br /> Section 9. COMPANY, its successors and assigns,
<br /> agree to pay and CITY agrees to accept on or before the 15th
<br /> day of May, 1993, a sum of money which shall be equivalent to
<br /> three percent (3%) of the gross receipts received by COMPANY
<br /> from the sale of all gas within the corporate limits of said
<br /> CITY from January l, 1993, through March 31, 1993, and for
<br /> the period, May 17, 1993 to June 30, 1993, COMPANY, it's
<br /> successors and assigns, agree to pay dnd CITY agrees to
<br /> accept on or before the 15th day of August, 1993, a sum of
<br /> money which shall be equivalent to three percent (3%) of the
<br /> fees received by the COMPANY for the transportation of gas to
<br /> a customer within the corporate limits of the CITY and three
<br /> percent (3%) of the customer purchase price of the gas
<br /> transported by the CUMPANY into the corporate limits of the
<br /> CITY; with a like payment for each quarter thereafter to be
<br /> made on the 15th day of the second month following the end of
<br /> each quarter, which payment shall be based on the preceding
<br /> quarter's gross receipts from gas sold, regardless of its
<br /> ultimate end use, including compressed natural gas,
<br /> hereinafter referred to as CNG, transportation fees, and on
<br /> the purchase price of transported gas, and continuing
<br /> throughout the life of this franchise up to and including the
<br /> May 15, 2006, quarterly payment, which quarterly payments
<br /> shall be for the rights and privileges herein granted to
<br /> COMPANY including expressly, without limitation, the right to
<br /> use the streets, alleys and public ways af said CITY. The
<br /> May 15, 2006, quarterly payment shall be based on gross
<br /> receipts from gas sold, transportation fees, and on the
<br /> purchase price of transported gas for the period January l,
<br /> 2006 through April 13, 2006. The May, August and November
<br /> quarterly payments shall be for the calendar year in which
<br /> the payments are made. The February payment shall be for the
<br /> quarter ending December 31st of the previous year, and the
<br /> May 2006 quarterly payment shall be for the rights and
<br /> privileges herein provided for the period this franchise is
<br /> in effect in the year 2006. It is also expressly agreed that
<br /> the aforesaid quarterly payments shall be in lieu of any and
<br /> all other and additional occupation taxes, easement and
<br /> franchise taxes, or charges (whether levied as ad valorem,
<br /> special or other character of tax or charge), in lieu of
<br /> municipal license and inspection fees, street taxes and
<br /> street or alley rentals or charges, and all other additional
<br /> municipal taxes, charges, levies, fees and rentals of
<br /> whatsoever kind and character which CITY may impose or
<br /> hereafter be authorized to levy and collect, excepting only
<br /> the usual general or special ad valorem taxes, which CITY is
<br /> authorized to levy and impose upon real and personal property
<br /> and charges for repair and damage caused by COMPANY in using
<br /> the streets, alleys, public ways and public properties.
<br /> Should CITY not have the legal power to agree that the
<br /> payment of the faregoing sums of money shall be in lieu of
<br /> taxes, licenses, fees, street or alley rentals or charges,
<br /> easement or franchise taxes or charges aforesaid, then CITY
<br /> agrees that it will apply so much of said sums of money paid
<br /> as may be necessary to satisfy COMPANY`S obligations, if any,
<br /> to pay such taxes, licenses, charges, fees, rentals, easement
<br /> or franchise taxes or charges.
<br /> In order to determine the gross receipts received by COMPANY
<br /> from the sale of gas within the corporate limits of CITY and
<br /> from the fees received by the COrIPANY for transporting gas to
<br /> customers within the COMPANY'S lines into the corporate
<br /> limits of the CITY, and in order to determine the customer
<br /> purchase price of all gas transported by COMPANY into the
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