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Ordinance 3302-12
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Ordinance 3302-12
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Ordinances
Ordinance Number
3302-12
Date
11/28/2012
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shall not be liable for any damage to any portion of Grantee's Telecommunications System. Within <br /> thirty(30)days of receipt of an itemized list of those costs,the Grantee shall pay the City. <br /> 9.2.Relocation of Telecommunication Facilities for Others <br /> If any removal, replacement, modification or disconnection of the Telecommunications System is <br /> required to accommodate the construction, operation or repair of the Facilities or equipment of <br /> another City franchise holder, Grantee shall, after at least thirty (30) days' advance written notice, <br /> take action to effect the necessary changes requested by the responsible entity. Grantee may require <br /> that the benefited party pay the costs associated with the removal or relocation. <br /> 9.3.Temporary Changes for Other Permitees <br /> At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee <br /> shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, <br /> vehicle, equipment or other item. The permit holder must pay the expense of such temporary <br /> changes, and Grantee may require a reasonable deposit of the estimated payment in advance. <br /> 10. ADDITIONAL FACILITIES <br /> 10.1. Notice of Incremental and Fully Allocated Costs <br /> At least one hundred twenty (120) days prior to any construction, relocation, or placement of ducts, <br /> conduits or related structures in public Rights-of-Way, Grantee shall notify the City of the <br /> Incremental and Fully Allocated Costs of the Grantee of providing the City with additional duct, <br /> conduit and related structures necessary to access the conduit and of the date such construction, <br /> relocation or placement will begin; provided, however, that Grantee need not notify the City of <br /> Incremental or Fully Allocated Costs related to Facilities for which the City granted permits for <br /> construction prior to the effective date of this Franchise. At its sole option, the City may examine, <br /> inspect or audit Grantee's books and records to confirm Grantee's calculation of Incremental or <br /> Fully Allocated Costs. If Grantee and the City disagree regarding the appropriateness of Grantee's <br /> proposed Incremental or Fully Allocated Costs, the parties agree to negotiate. If the parties do not <br /> agree, the City may order Grantee to proceed with the work, and the Superior Court of Snohomish <br /> County,Washington shall determine the actual amount of Incremental or Fully Allocated Costs. <br /> 10.2. Grantee to Furnish Additional Facilities <br /> At the City's sole option,the City may require Grantee to furnish such additional duct or conduit <br /> and related structures necessary to access the conduit or duct for the Incremental Cost by so <br /> notifying Grantee no later than thirty days prior to the date such construction,relocation or <br /> placement begins. <br /> 10.3. Contract and Compliance with RCW Chap. 80.36 <br /> If the City requires Grantee to furnish additional duct, conduit or related structures pursuant to this <br /> section,the City and Grantee shall construct the facilities to the same standards as Grantee's own <br /> 23 of 30 <br />
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