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<br /> s-:;. C- <br /> -4- <br /> rights-of-way, and other public places during the term of this <br /> Agreement an amount equal to three percent (3%) of the gross <br /> receipts for the preceding year received by Bluebonnet from the <br /> rendition of electric utility services within the corporate limits <br /> of the City, as it now exists or as it may be later changed by <br /> annexation or deannexation ordinance. Provided, that if Blu~bonnet <br /> at any time pays a higher percentage of its gross receipts as a fee <br /> to any other governmental entity under a franchise agreement, then <br /> Bluebonnet shall be obligated to pay that same percentage to the <br /> City under this franchise agreement. This amount shall constitute <br /> compensation to the City for the expense incurred and for services <br /> rendered by the City in exercising its police power of regulation <br /> , <br /> and supervision over the construction and location of Bluebonnet's <br /> poles, wires, conduits, equipment and other facilities in the <br /> streets, alleys, rights-of-way and public grounds of the City and <br /> shall be due and payable in quarterly installments on January 31, <br /> April 30, July 31 and October 31 of each year for the preceding <br /> calendar quarter or any part thereof. The city agrees that the <br /> consideration agreed to herein as a franchise fee shall be paid in <br /> lieu of any special tax, license, pole tax, inspection fee, excise, <br /> charge, fee, street or alley easement or other such charge or other <br /> tax now or hereinafter levied by the city except none of the <br /> provisions in this Agreement shall in anywise affect the liability <br /> of Bluebonnet for the payment of any present or future ad valorem <br /> taxes now or hereafter levied by the city or any other lawfully <br /> constituted taxing authority. Bluebonnet shall furnish annually by <br /> March 31st of each year a verified statement under oath of all the <br /> gross receipts of the Bluebonnet from the rendition of electric <br /> utility service within the corporate limits of the City for the <br /> prior calendar year. <br /> SECTION 10. Riqht to VerifY Accounts. The City shall have <br /> <br /> the right at all reasonable times acting through its City Manager <br /> or designated officer, attorney, representative, or agent to <br /> inspect, review, audit and examine all the books, records and <br /> invoices of Bluebonnet used in calculating the two percent (2%) <br />