Ordinance 2215-97 - Laserfiche WebLink

• the City under Section 4.3. The City may inspect Metricom's books of account at any time during regular business hours on five (5) days' prior written notice and may audit the books from time to time at City's sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due under Section 4.3. The City may require annually or annual reports from Metricom relating to its operations and revenues within the City. City agrees to hold in confidence any non-public information it learns from Metricom in accordance with applicable law. 4.6 Metricom shall reimburse the City at City's standard rates for all reasonable expenses relating to the preparation, issuance, implementation and administration of this Franchise, not to exceed Two Thousand Dollars ($2,000) in the aggregate. In addition, Metricom shall promptly reimburse the City for any and all documented costs the City reasonably incurs in response to an emergency involving Metricom's Radios. Finally, Metricom shall reimburse the City upon submittal by the City of an itemized billing, for Metricom's proportionate share of all actual, identified expenses incurred by the City in repairing any City facility, or altering such City facility if at Metricom's request, as the result of the presence of Metricom's Radios in the Right of Way. Such costs and expenses shall include, but not be limited to, Metricom's proportionate costs of City personnel assigned to oversee or engage in any work in the Right of Way as a result of the presence of the Metricom's Radios in the Right of Way. Such costs and expenses shall also include Metricom's proportionate share of time spent reviewing construction plans in order to either accomplish the relocation of Metricom's Radios or the routing or rerouting of any utilities so as not to interfere with Metricom's Radios. Any and all costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. The billing may be on an annual basis, but the City shall provide Metricom with the City's itemization of costs at the conclusion of each project for information purposes. 4.7 As additional compensation for this Franchise, Metricom shall pay to the City an annual fee (the "Annual Fee") in the amount of Sixty Dollars ($60.00) for the use of each City-owned pole or other City-owned property upon which a Radio, whose dimensions are specifically set forth in Section 3.7, has been installed pursuant to this Franchise. The initial Annual Fee shall be due and payable not later than the date of installation of the first Radio on a City-owned pole or other City-owned property pursuant to this Franchise (the "Installation Date"), and shall equal the total number of Radios Metricom then estimates it will install on City-owned poles or other City-owned property during the succeeding twelve (12) months multiplied by the Annual Fee. The Annual Fee for subsequent years shall be due and payable not later than thirty (30) days following each anniversary of the Installation Date and shall equal the number of Radios then installed on City-owned poles or other property pursuant to this Franchise multiplied by the Annual Fee, adjusted for the Prior Year Adjustment, as described immediately below. The Prior Year Adjustment shall either increase or decrease a subsequent year's Annual Fee to account for the installation or removal of Radios during the prior year, and shall equal the difference between (i) the total number of Radios used to 6