Ordinance 3458 - Laserfiche WebLink

and agrees upon notice to it, of commencement of said action or' suit, to defend the same at the sole cost and expense of said Grantee, its successors or assigns ; and if, after tender of defense to Grantee, judgment shall be rendered against said City in such suit or action, to satisfy fully said judgment within ninety (90) days after such suit or action shall have finally been determined, if determined adversely to the City. Section 5: That nothing in this Ordinance shall be con- strued as in any way preventing the proper authorities of said City from sewering, grading, paving, planking, repairing, altering or in any other manner improving any of the streets, alleys or public highways of said City or any portion thereof. Section 6: Whenever notice shall have been given to the Grantee to relocate any pole or poles, or to relocate or reconstruct any underground conduit, or to change any such, or any part thereof so as to conform to any new grade or improvement, then, if the said Grantee shall not within a reasonable time, after receiving such notice , make such required changes , such poles, pipes or conduits may be relocated or changed by said City at the expense of the Grantee , its successors or assigns. Section 7: That from and after the date of the acceptance of this franchise and until its expiration, said Grantee, its successors or assigns, shall pay annually to the City of Everett, two per cent (2%) per annum of the gross annual exchange service earnings of said Grantee , its successors and assigns, arising from the use , operation and possession of said franchise within the corporate limits of said City as said corporate limits ;now ?exist or may hereafter be extended. Payment of said two percent (2%) shall be made on or before the 15th day of March of each and every year for the calendar year preceding based upon the said earnings for the fractional part of the calendar year following the date this franchise becomes effective. From and after the effective date of this franchise, the Grantee , its successors or assigns, ,shall make further payment to the City of Everett of One Dollar (41.00) per annum for each tele- phone pole solely owned and exclusively occupied and used by the Grantee, and which shall be located upon any public street cr alley within the City of Everett during the term of this franchise. The Grantee shall pay such amount to the City on or before the 15th day of each and every March for the average number of poles occupying such streets and alleys during the preceding calendar year after the effective date of this franchise. This provision shall be considered as full compensation and satisfaction of any levies contemplated or required by Section 14 of the Charter of Everett. Section $: The City shall have the right at all times to make examination of the Grantee ' s books for the purpose of deter- mining and calculating correctly the two percent (20) of the gross annual exchange service earnings of the Grantee , which is to' be paid to the City under this franchise , and the Grantee shall, within sixty (60) days after the first day of January of each year, deliver to the City Clerk for submission. to the City Council an annual report verified by the President, a Vice-President , the Treasurer or General Manager of the Grantee , showing the said gross annual exchange service earnings in the City of Everett and the average number of poles aforesaid for the preceding calendar year. -3-