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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />a public hearing and at least twenty (2Ø) days <br />notice to all Permittees, except as hereinafter <br />provided. The City/County may raise the p~rmit <br />fee more than the cumulative increase in the <br />consumer price index in the event there is <br />competent evidence that the fee imposed by the <br />City/County is below the norm of fees imposed by <br />other cities or counties within the state which <br />impose such fees and which have populations in <br />excess of people. <br /> <br />2.3 The annual compensation and permit fee provided for in <br />section 2.3 shall be payable annually on or before <br />October 1 of each calendar year for the portion of the <br />private communications system within the City/County's <br />right of way on January 1 of that year and a prorated <br />permit fee, based upon the calendar quarter in which the <br />application is filed, shall be paid at the time of the <br />application for a telecommunication permit for all new <br />portions of the system. Quarterly revenue fees are due <br />January 1, April 1, July 1 and October 1. <br /> <br />Fees not paid within ten days after the due date shall <br />bear interest at the rate of (1%) one percent per <br />month from the date due until paid. <br /> <br />The acceptance of any payment required hereunder by the <br />City/County shall not be construed as an acknowledgment <br />that the amount paid is the correct amount due, nor <br />shall su~ñ acceptance of payment be construed as a <br />release of any claim which the City/County may have for <br />aQditional sums due and payable. <br /> <br />All fee payments shall be subject to audit by the <br />City/County and assessment or refund if the payment is <br />found to be in error. In the event that such audit <br />results in an assessment by and an additional payment to <br />the City/County, such additional payment shall, at the <br />City/County's option, be subject to interest at the rate <br />of one percent (1%) per month retroactive to the date <br />such payment originally should have been paid, which <br />shall be due and payable immediately. <br /> <br />2.4 Nothing in this article shall be construed to limit the <br />liability of the Permittee for all applicable Federal, <br />state and local taxes. <br /> <br />7 <br />