§ 6. Payments and Charges.  


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  • The payments herein provided shall be in lieu of all other licenses, taxes, charges, fees or impositions, except that the usual general property taxes and special ad valorem property taxes, and any charges for pavement cuts or other charges based on restoring premises to their same condition, or charges made for privileges which are not in any way connected with telephone business, as such, will be imposed on the Telephone Company, and are not covered by the payments herein. The Telephone Company shall have the privilege of crediting such sums payable hereunder with any unpaid balance due said Telephone Company for telephone service rendered or facilities furnished to said City; PROVIDED, that said balance due is liquidated and uncontested.

    (a)

    In consideration of the franchise granted to Telephone Company by City, Telephone Company agrees to pay to City during the term of this ordinance a sum of One Dollar and Eighty-one Cents ($1.81) per month for each access line served by Telephone Company for local service within the city limits of the City. The number of access lines as of month end shall be used to calculate payments due City for the following month. The payment to City for amounts owed for such month shall be made within thirty (30) days of the last day of such month.

    (b)

    If during the term of this ordinance any entity provides local telecommunications service in City and provides compensation to City at an amount less than One Dollar and Eighty-One Cents ($1.81) per month for each access line served by such entity for local service within the city limits of City or provides no compensation to City for each such access line, this ordinance shall require compensation no greater than such amounts, if any, during such time remaining of the term of this ordinance that the lesser compensation, if any, is paid by such other entity.

    (c)

    The parties agree that if federal law or state law is enacted setting forth a maximum allowable level of compensation for franchise rights and if such maximum allowable level is less than the level of compensation required by this ordinance, this ordinance shall require Telephone Company to pay the reduced level required by law for the remainder of the term of this ordinance.

    (d)

    if during the term of this ordinance, Telephone Company believes that it is entitled to reduction in compensation pursuant to subsections (b) and (c) above, Telephone Company agrees to notify City in writing and agrees that it will continue to pay City at a rate of One Dollar and Eighty-one Cents ($1.81) per month for each access line served by Telephone Company for local service within the city limits of City until sixty (60) days following such notice to City.