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such service or such maximum percentage of Grantee's Gross Revenues as authorized by law, if <br />such amount is less than five percent (5%) The franchise fee is in addition to any applicable utility <br />tax. <br />4.1.2. Utility Tax <br />The parties further understand that RCW 35.21.870 currently limits the rate of City tax <br />upon telephone business activities to six percent (6%) of Gross Revenues unless a higher rate is <br />approved by vote of the people. The parties agree, however, that nothing in this Franchise shall <br />limit the City's power of taxation, as now or may hereafter exist, provided that nothing in this <br />Franchise is intended to alter or add to presently required/allowed taxes and fees that can be <br />charged on Grantee's business under applicable laws. Grantee stipulates and agrees that should <br />its business activities be subject to taxation that Grantee shall pay to the City the rate then <br />applicable to such services under the City's utility tax code, and consistent with state and federal <br />law. This provision does not limit the City's power to amend the City's utility tax code as may be <br />permitted by law. <br />4.1.3. Permit and Administrative Fees <br />City shall charge, and Grantee shall pay, permit fees according to the schedule of permit fees in <br />existence at the time Grantee applies for each City -issued permit provided that such fees are <br />reasonably related to City's costs The rate charged shall be that rate that the City in good faith <br />determines most closely matches the work to be performed. By way of example only and not <br />limitation, Grantee would be charged the rate for trenching where Grantee intends to install conduit <br />by directional drilling or boring. Where the City incurs reasonable costs and expenses for which <br />a fee is not established, including but not limited to attorneys, consultants City Staff and City <br />Attorney's Office, in connection with the preparation, review, approval, and enforcement of this <br />Franchise, or review, inspection, or supervision of activities undertaken through the authority <br />granted in this Franchise or any ordinances relating to the subject, the Grantee shall reimburse the <br />City directly for any and all costs after receiving an invoice documenting said costs and expenses <br />in sufficient detail to demonstrate that they were reasonably necessary to perform the <br />aforementioned actions The time of City employees shall be charged at their respective rate of <br />salary, including overtime if applicable, plus benefits and overhead Any other costs will be billed <br />proportionately on an actual cost basis. <br />4.1.4 Other Fees <br />This Franchise shall not be construed to prohibit the City from imposing any fee now or <br />hereinafter authorized by law, including, without limitation, fees authorized pursuant to RCW <br />35.21.860. <br />4.2. Payments <br />Except where the City has established a different payment schedule by ordinance or policy or by <br />written agreement with the Grantee, Grantee's fee payments to the City shall be computed quarterly <br />for the preceding calendar quarter ending March 31, June 30, September 30, and December 31 Each <br />quarterly payment shall be due and payable no later than thirty (30) days after said dates. <br />{DPK2242501.DOCX;4/13113.000007/ 1 <br />Wireline Franchise 10 of 30 <br />