(1) 
No poles or other wire-holding structures shall be erected by the cable operator without prior approval of the city with regard to location, height, types, and any other pertinent aspect. However, no location of any pole or wire-holding structure of the cable operator shall be a vested interest, and such poles or structures shall be removed or modified by the cable operator at its own expense whenever the city determines that the public convenience would be enhanced thereby.
(2) 
Where poles or other wire-holding structures already existing for use in serving the city are available for use by the cable operator, but it does not make arrangements for such use, the city may require the cable operator to use such poles and structures if it determines that the public convenience would be enhanced thereby and that the terms of the use available to the cable operator are just and reasonable.
(3) 
Where the city, or a public utility serving the city, desires to make use of the poles or other wire-holding structures of the cable operator, but agreement thereof with the cable operator cannot be reached, the city may require the cable operator to permit such use for such consideration and upon such terms as the city shall determine to be just and reasonable, if the city determines that the use would enhance the public convenience and would not unduly interfere with the cable operator's operations.
(Ord. 758 § 2.4(d), 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
In the event that at any time during the period of the franchise, the city, county or state shall lawfully elect to alter, or change the grade of any street, alley or other public way, the cable operator, upon reasonable notice by the proper municipality, shall remove or relocate as necessary its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.
(Ord. 758 § 2.4(e), 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
The cable operator shall, on the request of any person holding a building moving permit issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the cable operator shall have the authority to require such payment in advance. The cable operator shall be given not less than 48 hours' advance notice to arrange for such temporary wire changes.
(Ord. 758 § 2.4(f), 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
The cable operator shall not remove any tree or trim any portion, either above, at or below ground level, of any tree within any public place without the prior consent of the city. Regardless of who performs the work requested by the cable operator, the cable operator shall be responsible, shall defend and hold the city harmless for any and all damages to any tree as a result of trimming, or to the land surrounding any tree, whether such tree is trimmed or removed.
(Ord. 758 § 2.4(g), 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
(1) 
Franchise Fees. As compensation for the benefits and privileges granted under a franchise agreement and in consideration of permission to use the city's streets, each cable franchise grantee shall pay as a franchise fee to the city, throughout the duration of a franchise agreement, an amount equal to five percent of the grantee's gross revenues derived from the operation of the cable system to provide cable service in the franchise area. Accrual of such franchise fees shall commence as of the effective date of the franchise agreement. The franchise fees are in addition to all other fees, assessments, taxes or payments of general applicability that the grantee may be required to pay under any federal, state or local law. The franchise agreement and the franchise fees paid thereunder are not in lieu of any other generally applicable required permit, authorization, fee, charge or tax.
(2) 
Payments. A grantee's franchise fee payments to the city shall be computed and paid annually unless a more frequent schedule is provided for by franchise agreement.
(3) 
Acceptance of Payment and Recomputation. No acceptance of any payment shall be construed as an accord by the city that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the city may have for further or additional sums payable or for the performance of any other obligation of a grantee.
(4) 
Franchise Fee Reports. A grantee shall furnish to the city annually or by such deadline as shall be set forth in the franchise agreement a statement stating the total amount of gross revenues and all payments, deductions and computations for the period covered by the payments. Such statement shall be reviewed by an independent certified public accountant prior to submission to the city.
(5) 
Annual Franchise Fee Reports. A grantee shall furnish to the city annually by such deadline as shall be set forth in the franchise agreement a statement stating the total amount of gross revenues and all payments, deductions and computations for the period covered by the payments. Such statement shall be reviewed by an independent certified public accountant prior to submission to the city.
(6) 
Audits. On an annual basis, upon 30 days' prior written notice, city shall have the right to conduct an independent audit of a grantee's records reasonably related to the administration or enforcement of a franchise agreement, in accordance with generally accepted accounting principles. The commission may hire an independent certified public accountant to audit the grantee's financial records, in which case the grantee shall provide all necessary records to the certified public accountant. If the audit shows that franchise fees have been underpaid by four percent or more, the grantee shall pay the total cost of the audit.
(7) 
Interest on Late Payments. In the event that a franchise fee payment or other sum is not received by the city on or before the due date, or is underpaid, the grantee shall pay in addition to the payment, or sum due, interest from the due date at the rate equal to the interest rate specified for judgments entered in the Superior Court of the state of Washington.
(8) 
Alternative Remedies. A cable franchise agreement may provide for alternative remedies for the city and the cable franchise grantee in the event that any section, subsection, paragraph, term or provision of a cable franchise agreement of this chapter or of any other ordinance, law, or document incorporated therein by reference is held by a court of competent jurisdiction to be invalid, unconstitutional or unenforceable. The purpose of such alternative remedies shall be to place the parties, as nearly as possible, in the position that they were in prior to such determination, consistent with applicable law.
(9) 
Tax Liability. Payment of the franchise fees shall not exempt a grantee from the payment of any generally applicable license, permit fee or other generally applicable fee, tax or charge on the business occupation, property or income of the grantee that may be imposed by the city.
(10) 
Payment on Termination. Upon termination of a franchise agreement for any reason, the grantee shall file with the city within 90 calendar days of the date of the termination, a financial statement, verified by a representative of grantee, showing the gross revenues received by grantee since the end of the previous fiscal year. The city reserves the right to satisfy any remaining financial obligations of the grantee to the city by utilizing the funds available in a letter of credit or other security provided by the grantee.
(Ord. 758 § 2.8, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
The city shall have the right to require the cable operator to provide minimum service requirements and provide for any equipment requirements and to provide designated channels for government and education uses. Said service requirements shall be contained in the franchise agreement.
The city shall have the rights to inspect the books, records, maps and other like materials of the cable operator at such times and locations to be specified in the franchise agreement.
(Ord. 758 § 2.10, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)