Ordinance 3610-18 - Laserfiche WebLink

relocation or placement will begin; provided, however, that Grantee need not notify the City of Incremental or Fully Allocated Costs related to Facilities for which the City granted permits for construction prior to the effective date of this Franchise. At its sole option, the City may examine, inspect or audit Grantee's books and records to confirm Grantee's calculation of Incremental or Fully Allocated Costs. If Grantee and the City disagree regarding the appropriateness of Grantee's proposed Incremental or Fully Allocated Costs, the parties agree to negotiate. If the parties do not agree, the City may order Grantee to proceed with the work, and the Superior Court of Snohomish County, Washington shall determine the actual amount of Incremental or Fully Allocated Costs. 10.3. Grantee to Furnish Additional Facilities At the City's sole option,the City may require Grantee to furnish such additional duct or conduit and related structures necessary to access the conduit or duct for the Incremental Cost by so notifying Grantee no later than thirty days prior to the date such construction,relocation or placement begins. 10.4. Contract and Compliance with RCW Chap. 80.36 If the City requires Grantee to furnish additional duct, conduit or related structures pursuant to this section, the City and Grantee shall construct the facilities to the same standards as Grantee's own facilities, and shall turn such additional duct, conduit or related structures over to the City upon completion of same and satisfactory inspection thereof by the City. Grantee shall be responsible for required filings, if any, with state agencies or commissions, including, but not limited to, the Washington Utilities and Transportation Commission pursuant to RCW Chap. 80.36. 10.5. Subsequent Responsibility for Fully Allocated Costs If the City makes the additional duct or conduit and related access structures available to any entity other than Grantee for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the City shall pay Grantee the difference between the Incremental Costs and the Fully Allocated Costs. 11. FRANCHISE VIOLATIONS, REVOCATION AND TERMINATION 11.1. Procedure for Remedying Franchise Violations A. The City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default if: (1) Grantee fails to perform any material obligation under this Franchise or under any other agreement, ordinance or document regarding the City and Grantee; (2) Grantee attempts to evade any material provision of this Franchise or to practice any fraud or deceit upon the City or Subscribers; New Cingular Wireless PCS,LLC Small Cell Franchise 26 of 33