Ordinance 3511-16 - Laserfiche WebLink

requested by the City in accordance with this Section 10. The City shall only be charged for or responsible for the Incremental Costs, except as provided for in Section 10.5. 10.2. Notice of Incremental and 'ully Allocated Costs At least one hundred twenty (120) days prior to any construction, relocation, or placement of ducts, conduits or related structures in public Rig :s-of-Way, Grantee shall notify the City of the Incremental and Fully Allocated Costs of the Inrantee of providing the City with additional duct, conduit and related structures necessary to acc ss the conduit and of the date such construction, relocation or placement will begin; provided, l owever, that Grantee need not notify the City of Incremental or Fully Allocated Costs related ti Facilities for which the City granted permits for construction prior to the effective date of this F anchise. At its sole option, the City may examine, inspect or audit Grantee's books and records t) confirm Grantee's calculation of Incremental or Fully Allocated Costs. If Grantee and the City isagree regarding the appropriateness of Grantee's proposed Incremental or Fully Allocated Costs, the parties agree to negotiate. If the parties do not agree, the City may order Grantee to proceed w th the work, and the Superior Court of Snohomish County, Washington shall determine the actual .1 ount of Incremental or Fully Allocated Costs. 10.3. Omitted 10.4. Contract and Compliance ith RCW Chap. 80.36 If the City requires Grantee to furnish additional duct, conduit or related structures pursuant to this section,the City and Grantee shall construct the 'acilities to the same standards as Grantee's own facilities, and shall turn such additional duct, co duit or related structures over to the City upon completion of same and satisfactory inspection t ereof by the City. Grantee shall be responsible for required filings, if any, with state agencies or co 'missions, including,but not limited to,the Washington Utilities and Transportation Commi'sion pursuant to RCW Chap. 80.36. 10.5. Subsequent Responsibility for Fully Allocated Costs If the City makes the additional duct or conduit .nd related access structures available to any entity other than Grantee for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public,the Ci shall pay Grantee the difference between the Incremental Costs and the Fully Allocated Costs 11. FRANCHISE VIOLATIONS, REVOCATION AND TERMINATION 11.1. Procedure for Remedying -ranchise Violations A. The City shall notify Grantee in writing, st sting with reasonable specificity the nature of the alleged default if: (1) Grantee fails to perform any material obl gation under this Franchise or under any other agreement, ordinance or document regarii ing the City and Grantee; 24 of 31