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Ordinance 3444-15 with Acceptance
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Ordinance 3444-15 with Acceptance
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11/2/2015 4:11:22 PM
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8/26/2015 4:39:25 PM
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Ordinances
Ordinance Number
3444-15 with Acceptance
Date
7/22/2015
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10.3 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 of Grantee's Facilities begins. <br />10.4 Contract and Compliance with RCW Chap. 80.36. <br />If the City requires Grantee to furnish additional duct, conduit or related structures pursuant to <br />this section, the City and Grantee shall construct the facilities to the same standards as Grantee's <br />own facilities, and shall turn such additional duct, conduit or related structures over to the City <br />upon completion of same and satisfactory inspection thereof by the City. Grantee shall be <br />responsible for required filings, if any, with state agencies or commissions, including, but not <br />limited to, the Washington Utilities and Transportation Commission pursuant to RCW Chap. <br />80.36. <br />10.5 Subsequent Responsibility for Fully Allocated Costs. <br />If the City makes the additional duct or conduit and related access structures available to any <br />entity other than Grantee for the purposes of providing telecommunications or cable television <br />service for hire, sale, or resale to the general public, the City shall pay Grantee the difference <br />between the 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 <br />the alleged default if - <br />(1) <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 <br />fraud 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 />24 of 30 <br />
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