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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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facilities, and shall turn such additional duct,conduit or related structures over to the City upon <br /> completion of same and satisfactory inspection thereof by the City. Grantee shall be responsible for <br /> required filings, if any, with state agencies or commissions,including,but not limited to,the <br /> Washington Utilities and Transportation Commission pursuant to RCW Chap. 80.36. <br /> 10.4. Subsequent Responsibility for Fully Allocated Costs <br /> If the City makes the additional duct or conduit and related access structures available to any entity <br /> other than Grantee for the purposes of providing telecommunications or cable television service for <br /> hire, sale,or resale to the general public,the City shall pay Grantee the difference between the <br /> Incremental Costs and the Fully Allocated Costs. <br /> 11. FRANCHISE VIOLATIONS, REVOCATION AND TERMINATION <br /> 11.1. Procedure for Remedying Franchise Violations <br /> A. The City shall notify Grantee in writing, stating with reasonable specificity the nature of the <br /> alleged default if: <br /> (1) Grantee fails to perform any material obligation under this Franchise or under any other <br /> agreement,ordinance or document regarding the City and Grantee; <br /> (2) Grantee attempts to evade any material provision of this Franchise or to practice any fraud <br /> or deceit upon the City or Subscribers; <br /> (3) Grantee becomes insolvent, or if there is an assignment for the benefit of Grantee's <br /> creditors; or <br /> (4) Grantee fails to comply with all provisions of federal, state or local law pertaining to <br /> Telecommunications System operators. <br /> B. Grantee shall have thirty(30)days from the receipt of such notice to: <br /> (1) respond to the City, contesting the City's assertion that a default has occurred, and <br /> requesting a meeting in accordance with subsection(C),below; or <br /> (2) cure the default; or <br /> (3) notify the City that Grantee cannot cure the default within the thirty (30) days, because of <br /> the nature of the default. In the event the default cannot be cured within thirty (30) days, <br /> Grantee shall promptly take all reasonable steps to cure the default and notify the City in <br /> writing and in detail as to the exact steps that will be taken and the projected completion <br /> date. In such case, the City may set a meeting below to determine whether additional time <br /> beyond the thirty (30) days specified above is indeed needed, and whether Grantee's <br /> proposed completion schedule and steps are reasonable. <br /> 24 of 30 <br />
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