Ordinance 2456-00 - Laserfiche WebLink

tariff if less,will be paid by the City,provided,however, that the City shall not be liable for such costs if the City allows the service provider to relocate the authorized facilities to another aerial location; and (c) Where the City requests relocation under subsection (1) of this section solely for aesthetic purposes,unless otherwise agreed to by the parties. (4) Where a project in subsection (1) of this section is primarily for private benefit, the private party or parties shall reimburse the cost of relocation in the same proportion to their contribution to the costs of the project. Service providers will not be precluded from recovering their costs associated with relocation required under subsection (1) of this section,provided that the recovery is consistent with subsection(3) of this section and other applicable laws. (5) The City may require the relocation of facilities at the service provider's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health, or welfare. Section 6. Additional Ducts and Conduit. A service provider that is constructing, relocating, or placing ducts or conduits in public rights of way shall provide the City with additional duct or conduit and related structures necessary to access the conduit,provided that: (1) The City enters into a contract with the service provider consistent with RCW 80.36.150. The contract rates to be charged should recover the incremental costs of the service provider. If the City makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the rates to be charged, as set forth in the contract with the entity that constructed the conduit or duct, shall recover at least the fully allocated costs of the service provider. The service provider shall state both contract rates in the contract. The City shall inform the service provider of the use, and any change in use, of the requested duct or conduit and related access structures to determine the applicable rate to be paid by the City. (2) The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the service provider. (3) The value of the additional duct or conduit requested by the City shall not be considered a public works construction contract. (4) This section shall not affect the provision of an institutional network by a cable television provider under federal law. Section 7. Charges and Fees. (1) The City shall charge: (a) A fee to service providers that recovers actual administrative expenses incurred by a City that are directly related to receiving and approving a permit, license, and 6