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Ordinance 3795-21
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Ordinance 3795-21
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2/24/2021 10:48:17 AM
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2/24/2021 10:47:26 AM
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Ordinances
Ordinance Number
3795-21
Date
1/27/2021
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10. ADDITIONAL FACILITIES <br /> 10.1. Grantee to Provide Additional Facilities <br /> Pursuant to RCW 35.99.070,the Grantee shall construct and install additional ducts, conduits, and <br /> related structures necessary to access the conduit upon the City entering into a contract as <br /> contemplated in such law. <br /> 10.2. Contract and Compliance with RCW Chap. 80.36 <br /> If the City requires Grantee to furnish additional duct, conduit or related structures pursuant to this <br /> section, the City and Grantee shall construct the facilities to the same standards as Grantee's own <br /> facilities, and shall turn such additional duct, conduit or related structures over to the City upon <br /> completion of same and satisfactory inspection thereof by the City. Grantee shall be responsible for <br /> required filings, if any, with state agencies or commissions, including, but not limited to, the <br /> Washington Utilities and Transportation Commission pursuant to RCW Chap. 80.36. <br /> 10.3. Subsequent Responsibility for Fully Allocated Costs <br /> If the City makes the additional duct or conduit and related access structures available to any entity <br /> other than Grantee for the purposes of providing telecommunications or cable television service for <br /> hire, sale, or resale to the general public, the City shall pay Grantee the difference between the <br /> Incremental Costs and the Fully Allocated Costs. <br /> 11. FRANCHISE VIOLATIONS, REVOCATION AND TERMINATION <br /> 11.1. Procedure for Remedying Franchise Violations <br /> A. The City shall notify Grantee in writing, stating with reasonable specificity the nature of the <br /> alleged default if: <br /> (1) Grantee fails to perform any material obligation under this Franchise or under any other <br /> agreement, ordinance or document regarding the City and Grantee; <br /> (2) Grantee attempts to evade any material provision of this Franchise or to practice any fraud or <br /> deceit upon the City or Subscribers; <br /> (3) Grantee becomes insolvent,or if there is an assignment for the benefit of Grantee's creditors; <br /> or <br /> (4) Grantee fails to comply with all provisions of federal, state or local law pertaining to <br /> Telecommunications System operators. <br /> B. Grantee shall have thirty(30) days from the receipt of such notice to: <br /> {DPK2242501.DOCX;4/13113.000007/} <br /> Wireline Franchise 24 of 30 <br />
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