Laserfiche WebLink
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/} <br /> Wireline Franchise 10 of 30 <br />