Laserfiche WebLink
4. FEE PAYMENT AND FINANCIAL CONTROLS <br /> 4.1. Fees <br /> 4.1.1. FRANCHISE FEE <br /> The parties understand that RCW 35.21.860 currently prohibits a municipal franchise fee for <br /> permission to use the right of way for telephone business purposes. If this prohibition is <br /> removed, Grantee agrees the City may assess a reasonable franchise fee, so long as local, State or <br /> federal law does not otherwise prohibit such fee. <br /> 4.1.2. UTILITY TAX <br /> The parties further understand that RCW 35.21.870 currently limits the rate of City tax upon <br /> telephone business activities to six percent(6%) of Gross Receipts,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. Grantee stipulates that all of its <br /> business activities in the City of Everett as identified herein are taxable activities subject to the <br /> four and one half percent(4.5%) gross receipts tax rate, as imposed under the City's telephone <br /> business tax, adopted in Everett Municipal Code Chapter 3.28. This provision does not limit the <br /> City's power to amend Everett Municipal Code Chapter 3.28 as maybe permitted by law, <br /> including increases to the tax rate. This provision is subject to the exemptions and exceptions <br /> identified in Everett Municipal Code §3.28.055. <br /> 4.1.3. PERMIT FEE <br /> City shall charge, and Grantee shall pay, permit fees according to the schedule of permit fees in <br /> existence at the time of Grantee applies for each Right-of-Way permit. The rate charged shall be <br /> that rate that the City in good faith determines most closely matches the work to be performed. <br /> By way of example only and not limitation, Grantee would be charged the rate for trenching <br /> where Grantee intends to install conduit by directional drilling or boring. <br /> 4.2. Payments <br /> Grantee's fee payments to the City shall be computed quarterly for the preceding calendar quarter <br /> ending March 31, June 30, September 30, and December 31. Each quarterly payment shall be due <br /> and payable no later than thirty(30)days after said dates. <br /> 4.3. Acceptance of Payment and Recomputation <br /> No acceptance of any payment shall be construed as an accord by the City that the amount paid is, <br /> in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any <br /> claim the City may have for further or additional sums payable or for the performance of any other <br /> obligation of Grantee. <br /> 9 of 29 <br />