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2017/03/22 Council Agenda Packet
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2017/03/22 Council Agenda Packet
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Council Agenda Packet
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3/22/2017
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• <br /> 9 <br /> rate. This provision is subject to the exemptions and exceptions identified in Everett Municipal <br /> Code §3.28.070 <br /> 4.1.3. Permit and Administrative Fees <br /> City shall charge, and Grantee shall pay,permit fees according to the schedule of permit fees in <br /> existence at the time Grantee applies for each Right-of-Way permit provided that such fees are <br /> reasonably related to City's costs. The rate charged shall be that rate that the City in good faith <br /> determines most closely matches the work to be performed. By way of example only and not <br /> limitation, Grantee would be charged the rate for trenching where Grantee intends to install <br /> conduit by directional drilling or boring. Where the City incurs reasonable costs and expenses <br /> for which a fee is not established,including but not limited to attorneys, consultants, City Staff <br /> and City Attorney's Office, in connection with the preparation,review, approval, and <br /> enforcement of this Franchise, or review, inspection,or supervision of activities undertaken <br /> through the authority granted in this Franchise or any ordinances relating to the subject,the <br /> Grantee shall reimburse the City directly for any and all costs after receiving an invoice <br /> documenting said costs and expenses in sufficient detail to demonstrate that they were reasonably <br /> necessary to perform the aforementioned actions. The time of City employees shall be charged at <br /> their respective rate of salary,including overtime if applicable,plus benefits and overhead. Any <br /> other costs will be billed proportionately on an actual cost basis. <br /> 4.1.4 Other Fees <br /> This Franchise shall not be construed to prohibit the City from imposing any fee now or <br /> hereinafter authorized by law, including,without limitation, fees authorized pursuant to RCW <br /> 35.21.860. <br /> 4.2. Payments <br /> Grantee's fee payments to the City shall be computed quarterly for the preceding calendar quarter <br /> ending March 31, June 30, September 30, and December 31. Each quarterly payment shall be due <br /> and payable no later than thirty(30)days after said dates. <br /> 4.3. Acceptance of Payment and Recomputation <br /> No acceptance of any payment shall be construed as an accord by the City that the amount paid is, <br /> in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any <br /> claim the City may have for further or additional sums payable or for the performance of any other <br /> obligation of Grantee. <br /> 4.4. Quarterly Fee Reports <br /> Each payment shall be accompanied by a written report to the City, verified by an authorized <br /> representative of Grantee, containing an accurate statement in summarized form, as well as in • <br /> detail, of Grantee's Gross Revenues and the computation of_the payment amount. Such reports <br /> shall detail all Gross Revenues of the Telecommunications System and shall be drafted in <br /> accordance with GAAP. <br /> 10 of 31 <br /> 11 <br />
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