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4 <br /> SECTION 4: That Ritter shall maintain all poles, cables, wires, conduits, ducts, <br /> mains, pipes, manholes, distributing poles and all other apparatus erected or <br /> constructed under the provisions of this Ordinance, in good and safe order and condition; <br /> and shall at all times fully indemnify, protect, and save harmless the said City from and <br /> against all lost and necessary expenditures arising from the erection, construction and <br /> maintenance of its network in said City, or from its neglect or failure to maintain the said <br /> apparatus in good and safe order and condition. <br /> SECTION 5: That nothing in this Ordinance shall be construed to grant unto <br /> the said Ritter any exclusive right, or to prevent a grant of similar privileges to other <br /> companies. <br /> SECTION 6: So long as Ritter, or its other business names and its successors in <br /> interests, assigns, and subsidiary or parent corporations or limited liability companies, <br /> shall operate a communications network within the City, it shall pay to the City a <br /> franchise tax in amount equal to 4.25% of basic local voice service excluding extension, <br /> terminal equipment, toll, yellow pages and other miscellaneous equipment revenues <br /> within the corporate boundaries of the City. This amount will be paid to the City of <br /> Batesville each quarter, and shall be made during the first ten (10) days of each month <br /> following the end of the quarter; provided, the amount of the tax levied herein by the <br /> City may be collected by Ritter from those of Ritter's customers receiving local exchange <br /> telephone service within the corporate boundaries of the City of Batesville, in accordance <br /> with the tariffs of Ritter and the rules, regulations and orders of the Arkansas Public <br /> Service Commission. This Ordinance does not restrict the City from the right to alter the <br /> tax, upon proper notification in advance to the Ritter. <br /> SECTION 7: If at any point in the future, Ritter begins providing cable <br /> television or video services, Ritter shall pay to the City a municipal franchise adjustment <br /> fee in an amount equal to 3% of Ritter's annual gross revenues, before taxes, derived <br /> from sales to all consumers for the basic maintenance and service charges. Payments <br /> shall be made to the City on the same schedule as the franchise fee payments for basic <br /> local voice communications services set out in Paragraph 6 above. <br /> SECTION 8: (a) It is expressly agreed and understood by the City of Batesville <br /> and Ritter that the aforesaid payment shall constitute and be considered as complete <br /> payment and discharge by Ritter, or its other business names and its successors in <br /> interests, assigns, and subsidiary of parent corporations or limited liability companies, of <br /> all licenses, fees, charges, impositions or taxes of any kind (other than automobile <br /> license fees, special millage taxes, general ad valorem taxes, curb cut fees, and other <br /> general taxes applicable to all citizens and taxpayers) which are now or might in the <br /> future be imposed by the City of Batesville under authority conferred upon the City of <br /> Batesville by law. In the event such other taxes are imposed by the City of Batesville, <br /> the obligation of Ritter to pay the City of Batesville the franchise tax set out in Section 6 <br /> of this Ordinance shall be immediately terminated. <br /> (b) Ritter shall at all times maintain and display the proper warning devices <br /> and allow sufficient space along the public way for the passage of vehicles around areas <br />