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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Section 8. Company shall furnish reasonably adequate service <br /> to the publ.ic at reasonable rates and charges therefor; and Company <br /> shall maintain its property, equipment and appliances in good order <br /> and condition. <br /> <br /> Section 9. Company, its successors and ass.igns, agrees to <br /> pay and City a.grees to accept, on or before the 15th day of June, <br /> 1982, a sum of money which shall be equivalent to two percent (2%) <br /> of the gross receipts received by Company from the sale of all gas <br /> within the corporate limits of said City from January 1, 1981 <br /> through June 30, 1981, and a sum of money which shall be equiva- <br /> lent to three percent (370) of the gross receipts received by Com- <br /> pany from the sale of all gas within the corporate limits of said <br /> City from July 1, 1981 through December 31, 1981, and on or before <br /> the 15th day of June, 1983 a sum of money which shall be equivalent <br /> to three percent (3%) of the gross receipts received by Company <br /> from the sale of all gas within the corporate limits of said C.ity <br /> during the preced.ing calendar year, with a like payment being <br /> made on or before the 15th day oE June of each succeeding year <br /> during the life of this franchise up to and including the year 2006, <br /> which annual payments shall be for the rights and privileges herein <br /> granted to Company including expressly, without limitation, the <br /> right to use the streets, alleys and public ways of said City. <br /> It is also expressly agreed that the aforesa.id annual payments <br /> shall be in lieu of any and all other and additional occupation <br /> taxes, easement and franchise taxes, or charges (whether levied <br /> as an ad valorem, special or other character of tax or charge), <br /> in lieu of municipal license and inspection fees, street taxes and <br /> street or alley rentals or charges, and all other and additional <br /> municipal taxes, charges, levies, fees and rentals of whatsoever <br /> kind and character which City may impose or hereafter be au- <br /> thor.ized to levy and collect, excepting only the usual general or <br /> special ad valorem taxes, which City is authorized to levy and im- <br /> pose upon real and personal property. Should City not have the <br /> legal power to agree that the payment of the foregoing sums of <br /> money shall be in lieu of taxes, licenses, fees, street or alley <br /> rentals or charges, easement or franchise taxes or charges <br /> aforesaid, then City agrees that it will apply so much of said sums <br /> of money pa.id as may be necessary to satisfy Company`s obliga- <br /> tions, if any, to pay any such taxes, licenses, charges, fees, <br /> rentals, easement 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, Company <br /> agrees that on the same date that payments are made as provided <br /> in the preceding paragraph of this Section 9, it will file with the <br /> City Clerk a sworn report showing the gross receipts received <br /> from the sale of all gas w.ithin said corporate lim.its for the ca- <br /> lendar year preceding the date of payment. City may, if .it sees <br /> fit, have the books and records of Company examined by a repre- <br /> sentative of said City to ascerta.in the correctness of the sworn re- <br /> ports agreed to be ffled herein. <br /> <br /> Section 10. The franchise granted herein shall be subject to <br /> the valid provisions of Section 122 of the Charter of the City of <br /> Paris and other applicable valid sections therein, which are hereby <br /> incorporated by reference and expressly made a part hereof, the <br /> same as if copied verbatim. <br />