The company, for and in consideration of the granting of this franchise and as rentals for the occupation and use or easement or, upon and beneath the streets, avenues, right-of-ways, alleys, highways, sidewalks, bridges and other public places and grounds in the municipality, shall throughout the term of this franchise pay to the municipality each year during all the time this provision shall remain in force and effect a total aggregate sum of 2% of the company's gross receipts (exclusive of sales or gross receipts taxes) collected during each year from users and consumers on account of gas sold and con-sumed within the corporate limits of the municipality under the company's rates effective from time to time, excepting therefrom, however, the gross receipts from gas sold for use in the generation of electricity for resale to the general public. The company shall make such payments semiannually on or before January 31 and July 31 in each calendar year while this provision shall remain in force and effect. For the purpose of determining the gross receipts, the books of the company shall at all reasonable times be subject to inspection by duly authorized officials of the municipality. The payments by the company provided for above in this section shall be lieu of any and all "other municipal taxes" as hereinafter defined and, anything herein to the contrary notwithstanding, the payments shall continue only so long as the company is not prohibited from making the same by any lawful authority having jurisdiction in the premises and only so long as the municipality does not charge, levy or collect or attempt to charge, levy or collect any such "other municipal taxes," and if any lawful authority having jurisdiction in the premises hereafter prohibits the making of said payments or if the municipality charges, levies or collects or attempts to charge, levy or collect any such "other municipal taxes" the company's obligation to continue making the payments shall forthwith cease. As used in this section the term "other municipal taxes" means and includes any and all franchise, license, privilege, instrument, occupation, excise or revenue taxes and any and all other fees, charges or exactions (except excise taxes imposed by the municipality and actually collected by the company from its consumers, municipal occupation taxes lawfully assessed and collected on the company's retail sale of appliances, general ad valorem taxes and special assessments for local improvements and except compensatory service fees imposed by ordinance of the municipality and uniformly imposed and collected from other persons engaging in the same or similar activities), upon all or any portion of the business, revenue, priority or activities of the company located or conducted within the municipality during the term of this franchise.
(Ord. 17-1973)