Ordinance 239-73 - Laserfiche WebLink

• • Section 17: In the event the grantee erects any pole or poles for the carrying of coaxial cable, wires and appurtenances necessary thereto as granted in this franchise in any street, avenue, alley, highway or other public place within the present or future corporate limits of the grantor, the grantee shall in addition to any other consideration provided for in this franchise to be paid by grantee to the grantor, pay to the grantor the sum of One Dollar ($1.00) per pole erected per year with said payments to be made by grantee to grantor not later than the 15th day of January of each year. Grantor and grantee shall on or before said 15th day of January of each year determine the number of such poles erected and as a result of said determination the grantee shall pay in advance for the forthcoming year the $1.00 per pole as above provided. In the event a pole is erected and in use for only a part of any given year, the same shall be subject to the charge per pole as herein provided as if said pole had been in use and erected for the entire year and said $1.00 payment shall not be prorated for any part of any given year. Section 18: In the event the grantee erects any pole or poles for the carrying of coaxial cables, wires and appurtenances necessary thereto as granted in this franchise in any street, avenue, alley, highway or other public place within the present or future corporate limits of the grantor, the grantee shall provide space on said pole or poles for one crossarm position for the City of Everett's communications and signaling system, and it is further agreed, where the grantee occupies one end only of the grantee's cable support crossarms, the City of Everett shall have the right to use the other end of all cable support crossarms for the City of Everett's communication and signaling system. Section 19: The rights and privileges herein granted shall not be deemed exclusive to the grantee herein. Section 20: It is further agreed that grantor may reopen for nego- tiation the question of increase of grantor's compensation set forth in Section 8 hereof, provided: That such reopening be communicated to grantee in writing at least sixty (60) days prior to every third anniversary date of this franchise, or else be deemed waived; that no increase shall be demanded of the grantee by the grantor that is unreasonable in comparison to similar franchise charges levied by cities in the State of Washington upon television cable companies similarly situated as is the grantee herein; in the event grantee deems grantor's demand for increase of compensation to be unreasonable, it may test the reasonableness thereof to the same extent and in the same manner as is provided to grantee in Section 6 hereof. Section 21: This franchise is subject to the right of the city council, or the people of the city acting for themselves by the initiative and referendum, at any time, subsequent to the grant, to repeal, amend or modify the said grant with due regard to the rights of the grantee and the interest of the public, and to cancel, forfeit and abrogate any such grant if the franchise granted thereby is not operated in full accordance with its provisions, or at all; and at any time during the grant to acquire, by purchase or condemnation, for the use of the city itself, all the property of the grantee within the limits of the public streets, at a fair and just value, which shall not include any valuation of the franchise itself, which shall thereupon terminate. pit/0c- Cs4_ MAYOR Attest: W1Clerk 4.40— ... . Passed: e3'/(o Published: -5-