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<br />, /I <br /> <br />e <br /> <br />e <br /> <br /> <br />"J.. <br /> <br />Alternative First Paragraph of SECTION 13 - COMPENSATION TO THE <br />CITY, Subparagraph (a): <br /> <br />"SECTION 13 - COMPENSATION TO THE CITY <br /> <br />(a) As compensation for the use, occupancy, oversight, supervision <br /> <br />and regulation of the CITY'S RIGHTS-OF-WAY, and in lieu of and in <br /> <br />full compensation for any lawful tax or license or charge or <br /> <br />RIGHTS-OF-WAY permit fee or inspection fee, whether charged to the <br />TELEPHONE COMPANY or its contractor (s), or any RIGHT-O~WAY <br /> <br />easement or street or alley rental or franchise tax or other <br /> <br />character of charge for use and occupancy of the RIGHTS-OF-WAY <br /> <br />within the CITY, except the usual general ad valorem taxes, special <br /> <br />assessments in accordance with State law or sales taxes now or <br /> <br />hereafter levied by ~he CITY in accordance with State law, the CITY <br /> <br />hereby imposes a Charge upon the Gross Receipts (as hereinafter <br /> <br />defined) of the TELEPHONE COMPANY. The amount of the Charge for the <br /> <br />first year this Ordinance is in effect shall be $113,300.00. For <br /> <br />the second and subsequent years while this Ordinance remains in <br /> <br />effecb, the above Charge is subject to adjustment by application of <br /> <br />the Growth Factor set out in paragraph l3(c). This adjustment for <br /> <br />the Growth Factor will be made effective as of each anniversary date <br /> <br />of this Ordinance. In no event shall the Charge for subsequent <br /> <br />years that this Ordinance is in effect be less than the above amount <br /> <br />stated for the first year of this Ordinance, except as provided in <br /> <br />the case of disannexation as set forth in paragraph l3(e), or as <br /> <br />provided in Section 17 herein." <br />