Ordinance 3511-16 - Laserfiche WebLink

4. FEE PAYMENT AND FINANC AL CONTROLS 4.1. Fees 4.1.1. FRANCHISE FEE Notwithstanding the provisions of Section 13.8 of the City Charter, the parties understand that RCW 35.21.860 currently prohibits a municipal franchise fee for permission to use the right of way for service providers, including for telephone business purposes. Based on the representations of Grantee, it is the City's unde•standing that Grantee will use the right of way for telephone business purposes as defined by ''_CW 82.16.010. If this prohibition is removed or does not apply, Grantee agrees the City will assess a reasonable franchise fee in accordance with the City Charter, so long as local, State or fede al law does not otherwise prohibit such fee. 4.1.2. UTILITY TAX The parties further understand that RCW 35.21 870 currently limits the rate of City tax upon telephone business activities to six percent(6%) of Gross Receipts, unless a higher rate is approved by vote of the people. The parties agl ee, however, that nothing in this Franchise shall limit the City's power of taxation, as now or my hereafter exist. Grantee stipulates that all of its business activities in the City of Everett as ide tilled herein that are a telephone business shall be specifically taxable as a telephone business at s x percent(6.0%) gross receipts tax rate, as imposed under the City's telephone business to ', adopted in Everett Municipal Code Chapter 3.28. This provision does not limit the City's sower to amend Everett Municipal Code Chapter 3.28 as may be permitted by law, including inc ceases to the tax rate. This provision is subject to the exemptions and exceptions identified in Ev Brett Municipal Code §3.28.055. 4.1.3. PERMIT AND ADMINISTRATIVE F EES City shall charge, and Grantee shall pay, permi, fees according to the schedule of permit fees in existence at the time Grantee applies for each N ight-of-Way permit provided that such fees are reasonably related to City's costs. The rate ch. •ged shall be that rate that the City in good faith determines most closely matches the work to b: performed. By way of example only and not limitation, Grantee would be charged the rate far trenching where Grantee intends to install conduit by directional drilling or boring. When the City incurs reasonable costs and expenses for which a fee is not established, including but not limited to attorneys, consultants, City Staff and City Attorney's Office, in connection with i. e preparation, review, approval, and enforcement of this Franchise, or review, inspe,:tion, or supervision of activities undertaken through the authority granted in this Franchise t.r any ordinances relating to the subject, the Grantee shall reimburse the City directly for an and all costs after receiving an invoice documenting said costs and expenses in suffici:nt detail to demonstrate that they were reasonably necessary to perform the aforementioned actio The time of City employees shall be charged at their respective rate of salary, including overti e if applicable, plus benefits and overhead. Any other costs will be billed proportionately on an actual cost basis. 9 ►f31