Ordinance 3610-18 - Laserfiche WebLink

A. Grantee's rights hereunder are subject to the police powers of the City to adopt and enforce ordinances necessary to the safety, health, and welfare of the public, and Grantee agrees to comply with all laws and ordinances of general applicability enacted, or hereafter enacted, by the City or any other legally constituted governmental unit having lawful jurisdiction over the subject matter hereof. The City shall have the right to adopt, from time to time, such ordinances as may be deemed necessary in the exercise of its police power. B. The City reserves the right to exercise its police powers, notwithstanding anything in this Franchise to the contrary, and any conflict between the provisions of this Franchise and any other present or future lawful exercise of the City's police powers shall be resolved in favor of the latter. 4. FEE PAYMENT AND FINANCIAL CONTROLS 4.1. Fees 4.1.1. Franchise Fee Notwithstanding the provisions of Section 13.8 of the City Charter, the parties understand that RCW 35.21.860 currently prohibits a municipal franchise fee for permission to use the right of way for telephone business and other service provider purposes. Any services provided by Grantee that are not services provided as a telephone business as that term is defined by 82.16.010, or are not services provided by a service provider as that term is defined by EMC 13.84.010.G are subject to a franchise fee in the amount of five percent(5%) of Grantee's Gross Revenues not constituting such telephone business or service provider services. Further, if the prohibition set forth RCW 35.21.860 is removed or is does not apply to a service provided by Grantee, Grantee agrees the five percent(5%) franchise fee will apply to such service. The franchise fee is in addition to any applicable utility tax. 4.1.2. Utility Tax The parties further understand that RCW 35.21.870 currently limits the rate of City tax upon telephone business activities to six percent(6%) of Gross Revenues unless a higher rate is approved by vote of the people. The parties agree, however, that nothing in this Franchise shall limit the City's power of taxation, as now or may hereafter exist, provided that nothing in this franchise agreement is intended to alter or add to presently required/allowed taxes and fees that can be charged on Grantee's business under applicable laws. Grantee stipulates that all of its business activities in the City of Everett as identified herein are subject to the provisions of Everett Municipal Code Chapter 3.28. This provision does not limit the City's power to amend Everett Municipal Code Chapter 3.28 as may be permitted by law, including increases to the tax rate. This provision is subject to the exemptions and exceptions identified in Everett Municipal Code §3.28.070. 4.1.3. Permit and Administrative Fees New Cingular Wireless PCS,LLC Small Cell Franchise 10 of 33